THE BILL ITSELF
HB 357
Motor Vehicle Operator Privacy
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A bill to be entitled
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An act relating to motor vehicle operator privacy;
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providing a short title; amending s. 119.0712, F.S.;
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providing definitions; prohibiting certain personal
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information and e-mail addresses from being sold to or
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shared with a third-party company, foreign country of
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concern, or foreign principal; providing for
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retroactive application; providing penalties for a
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third-party company that uses or releases certain
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information for a specified purpose; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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This act may be cited as the "Driver Privacy Section 1.
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Act."
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Section 2. Subsection (2) of section 119.0712, Florida
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Statutes, is amended to read:
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119.0712 Executive branch agency-specific exemptions from
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inspection or copying of public records.—
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(2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—
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(a) For purposes of this subsection, the term:
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1. "Foreign country of concern" has the same meaning as in
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s. 692.201.
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2. "Foreign principal" has the same meaning as in s.
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692.201.
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3. "Motor vehicle record" means any record that pertains
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to a motor vehicle operator's permit, motor vehicle title, motor
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vehicle registration, or identification card issued by the
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Department of Highway Safety and Motor Vehicles.
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4. "Public-facing portal" means a web portal or computer
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application accessible by the public over the Internet, whether
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through a mobile device, a website, or any other electronic
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means, which is established for administering chapter 319,
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chapter 320, chapter 322, chapter 328, or any other provision of
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law conferring duties upon the department.
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5. "Secure login credentials" means information held by
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the department for purposes of authenticating a user logging
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into a user account on a computer, a computer system, a computer
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network, or an electronic device; an online user account
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accessible over the Internet, whether through a mobile device, a
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website, or any other electronic means; or information used for
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authentication or password recovery.
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6. "Third-party company" means any marketing firm, debt
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collector, insurance company, or data broker.
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(b) Personal information, including highly restricted
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personal information as defined in 18 U.S.C. s. 2725, contained
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in a motor vehicle record is confidential pursuant to the
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federal Driver's Privacy Protection Act of 1994, 18 U.S.C. ss.
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2721 et seq. Such information may be released only as authorized
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by that act; however, information received pursuant to that act
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may not be used for mass commercial solicitation of clients for
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litigation against motor vehicle dealers and may not be sold to
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or shared with a third-party company, foreign country of
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concern, or foreign principal.
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(c) E-mail addresses collected by the Department of
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Highway Safety and Motor Vehicles pursuant to s. 319.40(3), s.
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320.95(2), or s. 322.08(10) are exempt from s. 119.07(1) and s.
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24(a), Art. I of the State Constitution and may not be sold to
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or shared with a third-party company, foreign country of
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concern, or foreign principal. This exemption applies
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retroactively.
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(d)1. Emergency contact information contained in a motor
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vehicle record is confidential and exempt from s. 119.07(1) and
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s. 24(a), Art. I of the State Constitution.
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2. Without the express consent of the person to whom such
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emergency contact information applies, the emergency contact
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information contained in a motor vehicle record may be released
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only to:
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a. Law enforcement agencies for purposes of contacting
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those listed in the event of an emergency.
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b. A receiving facility, hospital, or licensed
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detoxification or addictions receiving facility pursuant to s.
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394.463(2)(a) or s. 397.6772(1)(a) for the sole purpose of
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informing a patient's emergency contacts of the patient's
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whereabouts.
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(e) Any person or third-party company that who uses or
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releases any information contained in the Driver and Vehicle
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Information Database for a purpose not specifically authorized
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by law commits a noncriminal infraction, punishable by a fine
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not exceeding $2,000.
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(f)1. Secure login credentials held by the Department of
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Highway Safety and Motor Vehicles are exempt from s. 119.07(1)
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and s. 24(a), Art. I of the State Constitution. This exemption
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applies to secure login credentials held by the department
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before, on, or after the effective date of the exemption. For
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purposes of this subparagraph, the term "secure login
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credentials" means information held by the department for
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purposes of authenticating a user logging into a user account on
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a computer, a computer system, a computer network, or an
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electronic device; an online user account accessible over the
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Internet, whether through a mobile device, a website, or any
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other electronic means; or information used for authentication
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or password recovery.
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2. Internet protocol addresses, geolocation data, and
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other information held by the Department of Highway Safety and
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Motor Vehicles which describes the location, computer, computer
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system, or computer network from which a user accesses a public-
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facing portal, and the dates and times that a user accesses a
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public-facing portal, are exempt from s. 119.07(1) and s. 24(a),
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Art. I of the State Constitution. This exemption applies to such
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information held by the department before, on, or after the
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effective date of the exemption. For purposes of this
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subparagraph, the term "public-facing portal" means a web portal
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or computer application accessible by the public over the
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Internet, whether through a mobile device, website, or other
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electronic means, which is established for administering chapter
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319, chapter 320, chapter 322, chapter 328, or any other
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provision of law conferring duties upon the department.
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3. This paragraph is subject to the Open Government Sunset
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Review Act in accordance with s. 119.15 and shall stand repealed
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on October 2, 2026, unless reviewed and saved from repeal
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through reenactment by the Legislature.
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Section 3. This act shall take effect July 1, 2026.