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

Summary: Creating public records exemptions for certain information contained in any record that pertains to a vessel title or vessel registration issued by the Department of Highway Safety and Motor Vehicles; providing exemptions from public records requirements for electronic mail addresses and cellular telephone numbers collected by the department; providing for future legislative review and repeal of the exemptions; providing statements of public necessity, etc.

Full Text:
An act relating to public records; amending s. 119.0712, F.S.; creating public records exemptions for certain information contained in any record that pertains to a vessel title or vessel registration issued by the Department of Highway Safety and Motor Vehicles; providing exemptions from public records requirements for electronic mail addresses and cellular telephone numbers collected by the department; providing for retroactive application; requiring disclosure of confidential information under certain circumstances; providing for future legislative review and repeal of the exemptions; providing statements of public necessity; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (2) of section 119.0712, Florida Statutes, is amended to read: 119.0712 Executive branch agency-specific exemptions from inspection or copying of public records.  (2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.  (a) For purposes of this subsection, the term  motor vehicle record  means any record that pertains to a motor vehicle operator s permit, motor vehicle title, motor vehicle registration, or identification card issued by the Department of Highway Safety and Motor Vehicles. (b) Personal information, including highly restricted personal information as defined in U.S.C. s. 2725, contained in a motor vehicle record is confidential pursuant to the federal Driver s Privacy Protection Act of 1994, U.S.C. ss. 2721 et seq. Such information may be released only as authorized by that act; however, information received pursuant to that act may not be used for mass commercial solicitation of clients for litigation against motor vehicle dealers. (c) 1. Personal information, including highly restricted personal information, contained in any record that pertains to a vessel title or vessel registration issued by the Department of Highway Safety and Motor Vehicles is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such information in a vessel record may be released only in the same manner provided for a motor vehicle record pursuant to the Driver s Privacy Protection Act of 1994, U.S.C. ss. 2721 et seq. This exemption applies to vessel records held on or after the effective date of this exemption. 2.  This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 5,unless reviewed and saved from repeal through reenactment by the Legislature. (d)1.   Electronic mail E-mail addresses and cellular telephone numbers collected by the Department of Highway Safety and Motor Vehicles or its agent tax collectors pursuant to chapter 319, chapter 320, chapter 322, chapter 324, or chapter s. 319.40(3), s. 320.95(2), or s. 322.08(9) are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to electronic mail a ddresses and cellular telephone numbers held before, on, or after the effective date of this exemption retroactively.2. The department shall disclose such electronic mail addresses or cellular telephone numbers to i ts tax collector agents to send electronic communication sto such electronic mail addresses or cellular telephone numbers fo rthe purpose of providing information, including, but not limited to, the issuance of titles, registrations, disabled parking permits, driver licenses, and identification cards; renewal notices; or the tax collector s office locations, hours of operation, contact information, driving skills testing locations, appointment scheduling information, or website information. 3.  This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2025 2020,unless reviewed and saved from repeal through reenactment by the Legislature. (e) (d) 1. Emergency contact information contained in a motor vehicle record is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2. Without the express consent of the person to whom such emergency contact information applies, the emergency contact information contained in a motor vehicle record may be released only to law enforcement agencies for purposes of contacting those listed in the event of an emergency. Section 2.  (1) The Legislature finds that it is a public necessity that personal information, including highly restricted personal information, contained in any record that pertains to a vessel title or vessel registration issued by the Department of Highway Safety and Motor Vehicles be made confidential and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the State Constitution. Motorist personal information, when held by the Department of Highway Safety and Motor Vehicles in motor vehicle records, is confiden tial pursuant to the Driver s Privacy Protection Act of 1994, U.S.C. ss. 2721 et se q., and s. 119.0712(2), Florida Statutes. These restrictions on the disclosure of motori st personal information do not a pply to vessel titles or vessel registrations. Because the personal information in vessel records comprises much of the same information contained in motor vehicle records, when personal information revealed in vessel records is made available to the public, the protections afforded by the Driver s Privacy Protection Act of 94, U.S.C. ss. 2721 et seq.,are significantly undermined, eroding the privacy and safety of motorists. Therefore, th eLegislature finds that it is a pu blic necessity to make personal information contained in such vessel records confidential a nd exempt from public records requir ements. (2)   The Legislature find sthat it is a public necessity that electronic mail addr esses and cellu lar telephone numbers collected by the Department of Highway Safety and Motor Vehicles and its tax collector agents pursuan tto chapter 319, chapter 320, chapter 322, chapter 324, or chapter 328, Florida Statutes, be made confidential and exempt from s. 119.07(1), Florida Statutes, and section 24(a), Article I of the State Constitution.In order to communicate more effe ctively with motorists through enhancements in information technology, including effo rts of the Motorist Modernization project, the Department of Highway Safety and Motor Vehicles seeks to increase communica tions with motorists throug helectronic mail and text messaging. If the electronic mail addresses or cellular telephone numbers of motoris ts are made available to the public, the impa ct on motorist privacy and risk of unsolicited commercial solicitatio nb yelectronic mail or text message would have an undesirable chilling effect on motorists  voluntary use of electronic portals to communicate with the department, thereby undermining the effective use of thes eenhancements in information technology. Therefore,the Legislature finds that it is a public necessity to make su ch electronic mail addresses and cellular telephone numbers collected by th eDepartment of Highway Safety and Motor Vehicles confidential and exempt from public records requirements. The Legislature further finds that this public records exemption must be given retroactive application becaus eit is remedial in nature. Section 3. This act shall take effect July 1, 2020.