Bill Text: FL S7094 | 2019 | Regular Session | Introduced


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

Spectrum: Partisan Bill (? 1-0)

Status: (Failed) 2019-05-03 - Died in Appropriations [S7094 Detail]

Download: Florida-2019-S7094-Introduced.html
       Florida Senate - 2019                                    SB 7094
       
       
        
       By the Committee on Infrastructure and Security
       
       
       
       
       
       596-03792-19                                          20197094__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating public
    3         records exemptions for certain information received by
    4         the Department of Highway Safety and Motor Vehicles;
    5         amending s. 119.0712, F.S.; providing exemptions from
    6         public records requirements for personal information
    7         in certain vessel records, e-mail addresses, and
    8         cellular telephone numbers issued or collected by the
    9         Department of Highway Safety and Motor Vehicles;
   10         providing for retroactive application; authorizing
   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; amending s. 319.1414, F.S.;
   15         exempting from public records requirements certain
   16         information received by the department as a result of
   17         investigations and examinations of private rebuilt
   18         inspection providers; providing for future legislative
   19         review and repeal of the exemptions; amending s.
   20         319.25, F.S.; exempting from public record
   21         requirements certain information received by the
   22         department as a result of investigations and
   23         examinations relating to title certificates; providing
   24         for future legislative review and repeal of the
   25         exemptions; amending s. 320.861, F.S.; exempting from
   26         public records requirements certain information
   27         received by the department as a result of
   28         investigations and examinations of persons suspected
   29         of violating or of having violated certain laws,
   30         rules, or orders relating to motor vehicle licenses;
   31         providing for future legislative review and repeal of
   32         the exemptions; amending s. 322.71, F.S.; exempting
   33         from public records requirements certain information
   34         received by the department as a result of
   35         investigations and examinations of persons suspected
   36         of violating or of having violated certain laws,
   37         rules, or orders relating to driver licenses;
   38         providing for future legislative review and repeal of
   39         the exemptions; providing a statement of public
   40         necessity; providing a contingent effective date.
   41          
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Subsection (2) of section 119.0712, Florida
   45  Statutes, is amended to read:
   46         119.0712 Executive branch agency-specific exemptions from
   47  inspection or copying of public records.—
   48         (2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—
   49         (a) For purposes of this subsection, the term “motor
   50  vehicle record” means any record that pertains to a motor
   51  vehicle operator’s permit, motor vehicle title, motor vehicle
   52  registration, or identification card issued by the Department of
   53  Highway Safety and Motor Vehicles.
   54         (b) Personal information, including highly restricted
   55  personal information as defined in 18 U.S.C. s. 2725, contained
   56  in a motor vehicle record is confidential pursuant to the
   57  federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. ss.
   58  2721 et seq. Such information may be released only as authorized
   59  by that act; however, information received pursuant to that act
   60  may not be used for mass commercial solicitation of clients for
   61  litigation against motor vehicle dealers.
   62         (c)1. Personal information, including highly restricted
   63  personal information, contained in any record that pertains to a
   64  vessel title or vessel registration issued by the Department of
   65  Highway Safety and Motor Vehicles is confidential and exempt
   66  from s. 119.07(1) and s. 24(a), Art. I of the State
   67  Constitution. Such information in a vessel record may be
   68  released only in the same manner provided for a motor vehicle
   69  record pursuant to the federal Driver’s Privacy Protection Act
   70  of 1994, 18 U.S.C. ss. 2721 et seq. This exemption applies to
   71  vessel records held before, on, or after the effective date of
   72  this exemption.
   73         2. This paragraph is subject to the Open Government Sunset
   74  Review Act in accordance with s. 119.15 and shall stand repealed
   75  on October 2, 2024, unless reviewed and saved from repeal
   76  through reenactment by the Legislature.
   77         (d)1.(c) E-mail addresses and cellular telephone numbers
   78  collected by the Department of Highway Safety and Motor Vehicles
   79  pursuant to chapter 319, chapter 320, chapter 322, chapter 324,
   80  or chapter 328 s. 319.40(3), s. 320.95(2), or s. 322.08(9) are
   81  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   82  of the State Constitution. This exemption applies to e-mail
   83  addresses and cellular telephone numbers held before, on, or
   84  after the effective date of this exemption retroactively.
   85         2. The department may disclose such e-mail addresses or
   86  cellular telephone numbers to a tax collector if, by interagency
   87  agreement, the department authorizes the tax collector to send
   88  electronic communications to such e-mail addresses or cellular
   89  telephone numbers for the purpose of providing information about
   90  the issuance of titles, registrations, disabled parking permits,
   91  driver licenses, and identification cards; renewal notices; or
   92  the tax collector’s office locations, hours of operation,
   93  contact information, driving skills testing locations,
   94  appointment scheduling information, or website information.
   95         3. This paragraph is subject to the Open Government Sunset
   96  Review Act in accordance with s. 119.15 and shall stand repealed
   97  on October 2, 2024 2020, unless reviewed and saved from repeal
   98  through reenactment by the Legislature.
   99         (e)(d)1. Emergency contact information contained in a motor
  100  vehicle record is confidential and exempt from s. 119.07(1) and
  101  s. 24(a), Art. I of the State Constitution.
  102         2. Without the express consent of the person to whom such
  103  emergency contact information applies, the emergency contact
  104  information contained in a motor vehicle record may be released
  105  only to law enforcement agencies for purposes of contacting
  106  those listed in the event of an emergency.
  107         Section 2. (1) The Legislature finds that it is a public
  108  necessity that personal information, including highly restricted
  109  personal information, contained in any record that pertains to a
  110  vessel title or vessel registration issued by the Department of
  111  Highway Safety and Motor Vehicles be made confidential and
  112  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
  113  Article I of the State Constitution. Motorist personal
  114  information, when held by the Department of Highway Safety and
  115  Motor Vehicles in motor vehicle records, is confidential
  116  pursuant to the federal Driver’s Privacy Protection Act of 1994,
  117  18 U.S.C. ss. 2721 et seq., and s. 119.0712(2), Florida
  118  Statutes. These restrictions on the disclosure of motorist
  119  personal information do not apply to vessel titles or vessel
  120  registrations. Because the personal information in vessel
  121  records comprises much of the same information contained in
  122  motor vehicle records, when personal information revealed in
  123  vessel records is made available to the public, the protections
  124  afforded by the federal Driver’s Privacy Protection Act of 1994,
  125  18 U.S.C. ss. 2721 et seq., are significantly undermined,
  126  eroding the privacy and safety of motorists. Therefore, the
  127  Legislature finds that it is a public necessity to make personal
  128  information contained in such vessel records confidential and
  129  exempt from public records requirements. The Legislature further
  130  finds that this public records exemption must be given
  131  retroactive application because it is remedial in nature.
  132         (2) The Legislature finds that it is a public necessity
  133  that e-mail addresses and cellular telephone numbers collected
  134  by the Department of Highway Safety and Motor Vehicles pursuant
  135  to chapter 319, chapter 320, chapter 322, chapter 324, or
  136  chapter 328, Florida Statutes, be made confidential and exempt
  137  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
  138  the State Constitution. In order to communicate more effectively
  139  with motorists through enhancements in information technology,
  140  including efforts of the Motorist Modernization project, the
  141  Department of Highway Safety and Motor Vehicles seeks to
  142  increase communications with motorists through e-mail and text
  143  messaging. If the e-mail addresses or cellular telephone numbers
  144  of motorists are made available to the public, the impact on
  145  motorist privacy and risk of unsolicited commercial solicitation
  146  by e-mail or text message would have an undesirable chilling
  147  effect on motorists’ voluntary use of electronic portals to
  148  communicate with the department, thereby undermining the
  149  effective use of these enhancements in information technology.
  150  Therefore, the Legislature finds that it is a public necessity
  151  to make such e-mail addresses and cellular telephone numbers
  152  collected by the Department of Highway Safety and Motor Vehicles
  153  confidential and exempt from public records requirements. The
  154  Legislature further finds that this public records exemption
  155  must be given retroactive application because it is remedial in
  156  nature.
  157         Section 3. Present subsection (6) of section 319.1414,
  158  Florida Statutes, as created by SB 7090, 2019 Regular Session,
  159  is redesignated as subsection (7), and a new subsection (6) is
  160  added to that section, to read:
  161         319.1414 Investigations; examinations; subpoenas; hearings;
  162  witnesses.—
  163         (6) Information received by the department as a result of
  164  an investigation or examination conducted pursuant to this
  165  section is confidential and exempt from the disclosure
  166  requirements in s. 119.07(1) and s. 24(a), Art. I of the State
  167  Constitution until the investigation or examination ceases to be
  168  active or administrative action taken by the department has
  169  concluded or been made part of any hearing or court proceeding.
  170  The department may release information that is made confidential
  171  and exempt under this subsection in furtherance of its official
  172  duties and responsibilities or, if released to another
  173  governmental agency, in the furtherance of that agency’s
  174  official duties and responsibilities. This subsection is subject
  175  to the Open Government Sunset Review Act in accordance with s.
  176  119.15 and shall stand repealed on October 2, 2024, unless
  177  reviewed and saved from repeal through reenactment by the
  178  Legislature.
  179         Section 4. Present subsection (8) of section 319.25,
  180  Florida Statutes, as created by SB 7090, 2019 Regular Session,
  181  is redesignated as subsection (9), and a new subsection (8) is
  182  added to that section, to read:
  183         319.25 Cancellation of certificates; investigations;
  184  subpoenas and other process; oaths; rules.—
  185         (8) Information received by the department as a result of
  186  an investigation or examination conducted pursuant to this
  187  section is confidential and exempt from disclosure requirements
  188  in s. 119.07(1) and s. 24(a), Art. I of the State Constitution
  189  until the investigation or examination ceases to be active or
  190  administrative action taken by the department has concluded or
  191  been made part of any hearing or court proceeding. The
  192  department may release information that is made confidential and
  193  exempt under this subsection in furtherance of its official
  194  duties and responsibilities or, if released to another
  195  governmental agency, in the furtherance of that agency’s
  196  official duties and responsibilities. This subsection is subject
  197  to the Open Government Sunset Review Act in accordance with s.
  198  119.15 and shall stand repealed on October 2, 2024, unless
  199  reviewed and saved from repeal through reenactment by the
  200  Legislature.
  201         Section 5. Present subsection (6) of section 320.861,
  202  Florida Statutes, as created by SB 7090, 2019 Regular Session,
  203  is redesignated as subsection (7), and a new subsection (6) is
  204  added to that section, to read:
  205         320.861 Investigations; subpoenas and other process; oaths;
  206  rules.—
  207         (6) Information received by the department as a result of
  208  an investigation or examination conducted pursuant to this
  209  chapter is confidential and exempt from disclosure requirements
  210  in s. 119.07(1) and s. 24(a), Art. I of the State Constitution
  211  until the investigation or examination ceases to be active or
  212  administrative action taken by the department has concluded or
  213  been made part of any hearing or court proceeding. The
  214  department may release information that is made confidential and
  215  exempt under this subsection in furtherance of its official
  216  duties and responsibilities or, if released to another
  217  governmental agency, in the furtherance of that agency’s
  218  official duties and responsibilities. This subsection is subject
  219  to the Open Government Sunset Review Act in accordance with s.
  220  119.15 and shall stand repealed on October 2, 2024, unless
  221  reviewed and saved from repeal through reenactment by the
  222  Legislature.
  223         Section 6. Present subsection (6) of section 322.71,
  224  Florida Statutes, as created by SB 7090, 2019 Regular Session,
  225  is redesignated as subsection (7) of that section, and a new
  226  subsection (6) is added to that section, to read:
  227         322.71 Investigations; subpoenas and other process; oaths;
  228  rules.—
  229         (6) Information received by the department as a result of
  230  an investigation or examination conducted pursuant to this
  231  chapter is confidential and exempt from disclosure requirements
  232  in s. 119.07(1) and s. 24(a), Art. I of the State Constitution
  233  until the investigation or examination ceases to be active or
  234  administrative action taken by the department has concluded or
  235  been made part of any hearing or court proceeding. The
  236  department may release information that is made confidential and
  237  exempt under this subsection in furtherance of its official
  238  duties and responsibilities or, if released to another
  239  governmental agency, in the furtherance of that agency’s
  240  official duties and responsibilities. This subsection is subject
  241  to the Open Government Sunset Review Act in accordance with s.
  242  119.15 and shall stand repealed on October 2, 2024, unless
  243  reviewed and saved from repeal through reenactment by the
  244  Legislature.
  245         Section 7. The Legislature finds that it is a public
  246  necessity that information received by the Department of Highway
  247  Safety and Motor Vehicles as a result of an investigation or
  248  examination conducted pursuant to s. 319.1414, s. 319.25,
  249  chapter 320 as provided in s. 320.861, and chapter 322 as
  250  provided in s. 322.71, Florida Statutes, be made confidential
  251  and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
  252  Article I of the State Constitution until the investigation or
  253  examination ceases to be active or administrative action taken
  254  by the department has concluded or been made part of any hearing
  255  or court proceeding. The release of such information about a
  256  pending investigation or examination of violations of s.
  257  319.1414, s. 319.25, chapter 320, and chapter 322, Florida
  258  Statutes, could obstruct or jeopardize the integrity of the
  259  investigation or examination and impair the ability of the
  260  Department of Highway Safety and Motor Vehicles in the
  261  performance of its official duties and responsibilities under s.
  262  319.1414, s. 319.25, chapter 320, and chapter 322, Florida
  263  Statutes. Therefore, the Legislature finds that it is a public
  264  necessity to make such information confidential and exempt from
  265  public records requirements.
  266         Section 8. This act shall take effect on the same date that
  267  SB 7090 or similar legislation takes effect, if such legislation
  268  is adopted in the same legislative session or an extension
  269  thereof and becomes a law.

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