SB 7094 — Public Records/Department of Highway Safety and Motor Vehicles

Florida Senate - 2019 SB(PROPOSED BILL) SPB 7094 FOR CONSIDERATION By the Committee on Infrastructure and Security 596-03792-19596-02574-19 20197094__20197094pb A bill to be entitled An act relating to public records;

providing exemptions from public records requirements for personal information in certain vessel records, e-mail addresses, and cellularverified telephonetexting numbers issued or collected by the Department of Highway Safety and Motor Vehicles;

defining the term “verified texting number”;

4243 Be It Enacted by the Legislature of the State of Florida:

4445 Section 1. Subsection (2) of section 119.0712, Florida Statutes, is amended to read:

(d)1.(c) E-mail addresses and cellularverified telephonetexting numbers collected by the Department of Highway Safety and Motor Vehicles pursuant to chapter 319, chapter 320, chapter 322, chapter 324, or chapter 328 s.

This exemption applies to e-mail addresses and cellularverified telephonetexting numbers held before, on, or after the effective date of this exemptionexemption. retroactively.

2. TheFor departmentpurposes mayof disclosethis suchparagraph, e-mailthe addressesterm or“verified cellulartexting telephonenumber” numbersmeans to a tax collector if, by interagency agreement, the department authorizes the tax collector to send electronic communications to such e-mail addresses or cellular telephone numbersnumber forverified theas purposecapable of providingreceiving informationtext aboutmessages theretroactively. issuance of titles, registrations, disabled parking permits, driver licenses, and identification cards;

2. The department may disclose such e-mail addresses or verified texting numbers to a tax collector if, by interagency agreement, the department authorizes the tax collector to send electronic communications to such e-mail addresses or verified texting numbers for the purpose of providing information about the issuance of titles, registrations, disabled parking permits, driver licenses, and identification cards;

The Legislature further finds that this publicpubic records exemption must be given retroactive application because it is remedial in nature.

(2) The Legislature finds that it is a public necessity that e-mail addresses and cellularverified telephonetexting numbers collected by the Department of Highway Safety and Motor Vehicles pursuant to chapter 319, chapter 320, chapter 322, chapter 324, or chapter 328, Florida Statutes, be made confidential and exempt from s.

If the e-mail addresses or cellularverified telephonetexting numbers of motorists are made available to the public, the impact on motorist privacy and risk of unsolicited commercial solicitation by e-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 these enhancements in information technology.

Therefore, the Legislature finds that it is a public necessity to make such e-mail addresses and cellularverified telephonetexting numbers collected by the Department of Highway Safety and Motor Vehicles confidential and exempt from public records requirements.

Section 3. Present subsection (6) of section 319.1414, Florida Statutes, as created by SB 7090,___, 2019 Regular Session, is redesignated as subsection (7), and a new subsection (6) is added to that section, to read:

Section 4. Present subsection (8) of section 319.25, Florida Statutes, as created by SB 7090,____, 2019 Regular Session, is redesignated as subsection (9), and a new subsection (8) is added to that section, to read:

Section 5. Present subsection (6) of section 320.861, Florida Statutes, as created by SB 7090,___, 2019 Regular Session, is redesignated as subsection (7), and a new subsection (6) is added to that section, to read:

Section 6. Present subsection (6) of section 322.71, Florida Statutes, as created by SB 7090,___, 2019 Regular Session, is redesignated as subsection (7) of that section, and a new subsection (6) is added to that section, to read:

Section 8. This act shall take effect on the same date that SB 7090___ or similar legislation takes effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes a law.