Bill Text: FL S1030 | 2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Bipartisan Bill

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

Download: Florida-2020-S1030-Introduced.html

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       Florida Senate - 2020                                    SB 1030
       
       
        
       By Senator Stargel
       
       
       
       
       
       22-01276-20                                           20201030__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.0712, F.S.; creating public records exemptions for
    4         certain information contained in any record that
    5         pertains to a vessel title or vessel registration
    6         issued by the Department of Highway Safety and Motor
    7         Vehicles; providing exemptions from public records
    8         requirements for e-mail addresses and cellular
    9         telephone numbers collected by the department;
   10         providing for retroactive application; requiring
   11         disclosure of confidential information under certain
   12         circumstances; providing for future legislative review
   13         and repeal of the exemptions; providing statements of
   14         public necessity; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsection (2) of section 119.0712, Florida
   19  Statutes, is amended to read:
   20         119.0712 Executive branch agency-specific exemptions from
   21  inspection or copying of public records.—
   22         (2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—
   23         (a) For purposes of this subsection, the term “motor
   24  vehicle record” means any record that pertains to a motor
   25  vehicle operator’s permit, motor vehicle title, motor vehicle
   26  registration, or identification card issued by the Department of
   27  Highway Safety and Motor Vehicles.
   28         (b) Personal information, including highly restricted
   29  personal information as defined in 18 U.S.C. s. 2725, contained
   30  in a motor vehicle record is confidential pursuant to the
   31  federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. ss.
   32  2721 et seq. Such information may be released only as authorized
   33  by that act; however, information received pursuant to that act
   34  may not be used for mass commercial solicitation of clients for
   35  litigation against motor vehicle dealers.
   36         (c)1. Personal information, including highly restricted
   37  personal information, contained in any record that pertains to a
   38  vessel title or vessel registration issued by the Department of
   39  Highway Safety and Motor Vehicles is confidential and exempt
   40  from s. 119.07(1) and s. 24(a), Art. I of the State
   41  Constitution. Such information in a vessel record may be
   42  released only in the same manner provided for a motor vehicle
   43  record pursuant to the Driver’s Privacy Protection Act of 1994,
   44  18 U.S.C. ss. 2721 et seq. This exemption applies to vessel
   45  records held before, on, or after the effective date of this
   46  exemption.
   47         2. This paragraph is subject to the Open Government Sunset
   48  Review Act in accordance with s. 119.15 and shall stand repealed
   49  on October 2, 2025, unless reviewed and saved from repeal
   50  through reenactment by the Legislature.
   51         (d)1. E-mail addresses and cellular telephone numbers
   52  collected by the Department of Highway Safety and Motor Vehicles
   53  or its agent tax collectors pursuant to chapter 319, chapter
   54  320, chapter 322, chapter 324, or chapter 328 s. 319.40(3), s.
   55  320.95(2), or s. 322.08(9) are exempt from s. 119.07(1) and s.
   56  24(a), Art. I of the State Constitution. This exemption applies
   57  to e-mail addresses and cellular telephone numbers held before,
   58  on, or after the effective date of this exemption retroactively.
   59         2. The department shall disclose such e-mail addresses or
   60  cellular telephone numbers to its tax collector agents to send
   61  electronic communications to such e-mail addresses or cellular
   62  telephone numbers for the purpose of providing information about
   63  the issuance of titles, registrations, disabled parking permits,
   64  driver licenses, and identification cards; renewal notices; or
   65  the tax collector’s office locations, hours of operation,
   66  contact information, driving skills testing locations,
   67  appointment scheduling information, or website information.
   68         3. This paragraph is subject to the Open Government Sunset
   69  Review Act in accordance with s. 119.15 and shall stand repealed
   70  on October 2, 2025 2020, unless reviewed and saved from repeal
   71  through reenactment by the Legislature.
   72         (e)(d)1. Emergency contact information contained in a motor
   73  vehicle record is confidential and exempt from s. 119.07(1) and
   74  s. 24(a), Art. I of the State Constitution.
   75         2. Without the express consent of the person to whom such
   76  emergency contact information applies, the emergency contact
   77  information contained in a motor vehicle record may be released
   78  only to law enforcement agencies for purposes of contacting
   79  those listed in the event of an emergency.
   80         Section 2. (1) The Legislature finds that it is a public
   81  necessity that personal information, including highly restricted
   82  personal information, contained in any record that pertains to a
   83  vessel title or vessel registration issued by the Department of
   84  Highway Safety and Motor Vehicles be made confidential and
   85  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   86  Article I of the State Constitution. Motorist personal
   87  information, when held by the Department of Highway Safety and
   88  Motor Vehicles in motor vehicle records, is confidential
   89  pursuant to the Driver’s Privacy Protection Act of 1994, 18
   90  U.S.C. ss. 2721 et seq., and s. 119.0712(2), Florida Statutes.
   91  These restrictions on the disclosure of motorist personal
   92  information do not apply to vessel titles or vessel
   93  registrations. Because the personal information in vessel
   94  records comprises much of the same information contained in
   95  motor vehicle records, when personal information revealed in
   96  vessel records is made available to the public, the protections
   97  afforded by the Driver’s Privacy Protection Act of 1994, 18
   98  U.S.C. ss. 2721 et seq., are significantly undermined, eroding
   99  the privacy and safety of motorists. Therefore, the Legislature
  100  finds that it is a public necessity to make personal information
  101  contained in such vessel records confidential and exempt from
  102  public records requirements. The Legislature further finds that
  103  this public records exemption must be given retroactive
  104  application because it is remedial in nature.
  105         (2) The Legislature finds that it is a public necessity
  106  that e-mail addresses and cellular telephone numbers collected
  107  by the Department of Highway Safety and Motor Vehicles and its
  108  tax collector agents pursuant to chapter 319, chapter 320,
  109  chapter 322, chapter 324, or chapter 328, Florida Statutes, be
  110  made confidential and exempt from s. 119.07(1), Florida
  111  Statutes, and section 24(a), Article I of the State
  112  Constitution. In order to communicate more effectively with
  113  motorists through enhancements in information technology,
  114  including efforts of the Motorist Modernization project, the
  115  Department of Highway Safety and Motor Vehicles seeks to
  116  increase communications with motorists through e-mail and text
  117  messaging. If the e-mail addresses or cellular telephone numbers
  118  of motorists are made available to the public, the impact on
  119  motorist privacy and risk of unsolicited commercial solicitation
  120  by e-mail or text message would have an undesirable chilling
  121  effect on motorists’ voluntary use of electronic portals to
  122  communicate with the department, thereby undermining the
  123  effective use of these enhancements in information technology.
  124  Therefore, the Legislature finds that it is a public necessity
  125  to make such e-mail addresses and cellular telephone numbers
  126  collected by the Department of Highway Safety and Motor Vehicles
  127  confidential and exempt from public records requirements. The
  128  Legislature further finds that this public records exemption
  129  must be given retroactive application because it is remedial in
  130  nature.
  131         Section 3. This act shall take effect July 1, 2020.