Florida Senate - 2018                                    SB 1920
       
       
        
       By Senator Montford
       
       
       
       
       
       3-02776-18                                            20181920__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 328.80,
    3         F.S.; providing an exemption for electronic mail
    4         addresses of vessel registrants collected by the
    5         Department of Highway Safety and Motor Vehicles;
    6         providing for future legislative review and repeal of
    7         the exemption; providing a statement of public
    8         necessity; providing a contingent effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (4) is added to section 328.80,
   13  Florida Statutes, as amended by Senate Bill 632 or other similar
   14  legislation enacted in the 2018 Regular Session or an extension
   15  thereof, to read:
   16         328.80 Transactions by electronic or telephonic means.—The
   17  commission is authorized to accept any application provided for
   18  under this chapter by electronic or telephonic means.
   19         (4) Electronic mail addresses collected by the department
   20  pursuant to subsection (3) are exempt from s. 119.07(1) and s.
   21  24(a), Art. I of the State Constitution. This subsection is
   22  subject to the Open Government Sunset Review Act in accordance
   23  with s. 119.15 and shall stand repealed on October 2, 2023,
   24  unless reviewed and saved from repeal through reenactment by the
   25  Legislature.
   26         Section 2. The Legislature finds that it is a public
   27  necessity that the electronic mail address of vessel registrants
   28  with the Department of Highway Safety and Motor Vehicles be made
   29  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   30  Article I of the State Constitution. Electronic mail, rather
   31  than traditional postal mail, is increasingly used as a means
   32  for communicating and conducting business, including official
   33  state and local business. In order to conduct business
   34  electronically with the department, a registrant must report his
   35  or her personal electronic mail address. However, such addresses
   36  are unique to the individual and, when combined with other
   37  personal identifying information, can be used for identity
   38  theft, taxpayer scams, and other invasive contacts. The public
   39  availability of personal electronic mail addresses invites and
   40  exacerbates thriving and well-documented criminal activities and
   41  puts taxpayers at increased risk of harm. Such harm would be
   42  significantly curtailed by allowing the department to preserve
   43  the confidentiality of registrant electronic mail addresses.
   44         Section 3. This act shall take effect on the same date that
   45  SB 632 or similar legislation takes effect, if such legislation
   46  is adopted in the same legislative session or an extension
   47  thereof and becomes a law.