THE BILL ITSELF
HB 939
Pub. Rec./E-mail Addresses Collected by the Department of Highway Safety and Motor Vehicles
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A bill to be entitled
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An act relating to public records; amending s.
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119.0712, F.S.; providing an exemption from public
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records requirements for certain e-mail addresses
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collected by the Department of Highway Safety and
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Motor Vehicles; providing for retroactive application
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of the exemption; providing for future legislative
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review and repeal of the exemption; providing a
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statement of public necessity; providing a contingent
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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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Section 1. Paragraph (c) of subsection (2) of section 119.0712, Florida 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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(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), or s. 328.30(3) are exempt from s.
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119.07(1) and s. 24(a), Art. I of the State Constitution. This
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exemption applies retroactively. This paragraph is subject to
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the Open Government Sunset Review Act in accordance with s.
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119.15 and shall stand repealed on October 2, 2031, unless
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reviewed and saved from repeal through reenactment by the
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Legislature.
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Section 2. The Legislature finds that it is a public
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necessity that e-mail addresses collected by the Department of
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Highway Safety and Motor Vehicles for the use of e-mail in lieu
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of the United States Postal Service as a method of notification
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be made exempt from s. 119.07(1), Florida Statutes, and s.
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24(a), Article I of the State Constitution. Sections 319.40(3),
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320.95(2), and 322.08(10), Florida Statutes, authorize the
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department to collect e-mail addresses and use e-mail in lieu of
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the United States Postal Service to provide title certification
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notification and renewal notices related to motor vehicle
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license plates, driver licenses, and identification cards. The
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department is also authorized to collect e-mail addresses and
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use e-mail in lieu of the United States Postal Service to
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provide renewal notices related to vessel registrations under s.
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328.30(3), Florida Statutes. HB 937 expands the circumstances in
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which e-mail addresses may be used in lieu of the United States
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Postal Service by authorizing e-mail to be used as a method of
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notification for various notices and orders issued by the
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department in addition to renewal notices, including, but not
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limited to, notices related to driver licenses, identification
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cards, motor vehicle registrations, motor vehicle title
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certificates, vessel registrations, and orders to revoke,
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cancel, or suspend driver licenses. The department's use of e-
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mail as a method for corresponding with customers has steadily
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increased in recent years. An e-mail address is unique to each
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individual and, when combined with other personal identifying
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information, may be used for identity theft, consumer scams,
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unwanted solicitations, or other invasive contact. The public
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availability of personal e-mail addresses puts the department's
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customers at increased risk of these problems. Such risk may be
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significantly limited by making such e-mail addresses exempt.
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The Legislature finds that such risk outweighs this state's
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public policy favoring open government.
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Section 3. This act shall take effect on the same date
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that HB 937 or similar legislation takes effect, if such
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legislation is adopted in the same legislative session or an
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extension thereof and becomes a law.