Bill Amendment: FL S1030 | 2020 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Public Records/Vessel Title or Registration/Department of Highway Safety and Motor Vehicles

Status: 2020-03-14 - Died in Governmental Oversight and Accountability [S1030 Detail]

Download: Florida-2020-S1030-Senate_Committee_Amendment_740764.html

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       Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1030
       
       
       
       
       
       
                                Ì7407646Î740764                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Infrastructure and Security (Stargel)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 45 - 125
    4  and insert:
    5  records held on or after the effective date of this exemption.
    6         2. This paragraph is subject to the Open Government Sunset
    7  Review Act in accordance with s. 119.15 and shall stand repealed
    8  on October 2, 2025, unless reviewed and saved from repeal
    9  through reenactment by the Legislature.
   10         (d)1. Electronic mail E-mail addresses and cellular
   11  telephone numbers collected by the Department of Highway Safety
   12  and Motor Vehicles or its agent tax collectors pursuant to
   13  chapter 319, chapter 320, chapter 322, chapter 324, or chapter
   14  328 s. 319.40(3), s. 320.95(2), or s. 322.08(9) are exempt from
   15  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   16  This exemption applies to electronic mail addresses and cellular
   17  telephone numbers held before, on, or after the effective date
   18  of this exemption retroactively.
   19         2. The department shall disclose such electronic mail
   20  addresses or cellular telephone numbers to its tax collector
   21  agents to send electronic communications to such electronic mail
   22  addresses or cellular telephone numbers for the purpose of
   23  providing information, including, but not limited to, the
   24  issuance of titles, registrations, disabled parking permits,
   25  driver licenses, and identification cards; renewal notices; or
   26  the tax collector’s office locations, hours of operation,
   27  contact information, driving skills testing locations,
   28  appointment scheduling information, or website information.
   29         3. This paragraph is subject to the Open Government Sunset
   30  Review Act in accordance with s. 119.15 and shall stand repealed
   31  on October 2, 2025 2020, unless reviewed and saved from repeal
   32  through reenactment by the Legislature.
   33         (e)(d)1. Emergency contact information contained in a motor
   34  vehicle record is confidential and exempt from s. 119.07(1) and
   35  s. 24(a), Art. I of the State Constitution.
   36         2. Without the express consent of the person to whom such
   37  emergency contact information applies, the emergency contact
   38  information contained in a motor vehicle record may be released
   39  only to law enforcement agencies for purposes of contacting
   40  those listed in the event of an emergency.
   41         Section 2. (1) The Legislature finds that it is a public
   42  necessity that personal information, including highly restricted
   43  personal information, contained in any record that pertains to a
   44  vessel title or vessel registration issued by the Department of
   45  Highway Safety and Motor Vehicles be made confidential and
   46  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   47  Article I of the State Constitution. Motorist personal
   48  information, when held by the Department of Highway Safety and
   49  Motor Vehicles in motor vehicle records, is confidential
   50  pursuant to the Driver’s Privacy Protection Act of 1994, 18
   51  U.S.C. ss. 2721 et seq., and s. 119.0712(2), Florida Statutes.
   52  These restrictions on the disclosure of motorist personal
   53  information do not apply to vessel titles or vessel
   54  registrations. Because the personal information in vessel
   55  records comprises much of the same information contained in
   56  motor vehicle records, when personal information revealed in
   57  vessel records is made available to the public, the protections
   58  afforded by the Driver’s Privacy Protection Act of 1994, 18
   59  U.S.C. ss. 2721 et seq., are significantly undermined, eroding
   60  the privacy and safety of motorists. Therefore, the Legislature
   61  finds that it is a public necessity to make personal information
   62  contained in such vessel records confidential and exempt from
   63  public records requirements.
   64         (2) The Legislature finds that it is a public necessity
   65  that electronic mail addresses and cellular telephone numbers
   66  collected by the Department of Highway Safety and Motor Vehicles
   67  and its tax collector agents pursuant to chapter 319, chapter
   68  320, chapter 322, chapter 324, or chapter 328, Florida Statutes,
   69  be made confidential and exempt from s. 119.07(1), Florida
   70  Statutes, and section 24(a), Article I of the State
   71  Constitution. In order to communicate more effectively with
   72  motorists through enhancements in information technology,
   73  including efforts of the Motorist Modernization project, the
   74  Department of Highway Safety and Motor Vehicles seeks to
   75  increase communications with motorists through electronic mail
   76  and text messaging. If the electronic mail addresses or cellular
   77  telephone numbers of motorists are made available to the public,
   78  the impact on motorist privacy and risk of unsolicited
   79  commercial solicitation by electronic mail or text message would
   80  have an undesirable chilling effect on motorists’ voluntary use
   81  of electronic portals to communicate with the department,
   82  thereby undermining the effective use of these enhancements in
   83  information technology. Therefore, the Legislature finds that it
   84  is a public necessity to make such electronic mail addresses and
   85  cellular telephone numbers
   86  
   87  ================= T I T L E  A M E N D M E N T ================
   88  And the title is amended as follows:
   89         Delete line 8
   90  and insert:
   91         requirements for electronic mail addresses and
   92         cellular