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.