Florida 2025 Regular Session

Florida House Bill H1077 Compare Versions

Only one version of the bill is available at this time.
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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to public records; amending s. 2
1616 119.0712, F.S.; exempting from public records 3
1717 requirements the e-mail addresses collected by the 4
1818 Department of Highway Safety and Motor Vehicles when 5
1919 providing renewal notices; expanding the exemption to 6
2020 include e-mail addresses collected as a method of 7
2121 notification to certain; expanding the exemption to 8
2222 include e-mail addresses collected as a method of 9
2323 notification related to vessel registrations; 10
2424 providing retroactive applicability; providing for 11
2525 future legislative review and repeal of the exemption; 12
2626 providing a statement of public necessity; providing a 13
2727 contingent effective date. 14
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2929 Be It Enacted by the Legisla ture of the State of Florida: 16
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3131 Section 1. Paragraph (c) of subsection (2) of section 18
3232 119.0712, Florida Statutes, is amended to read: 19
3333 119.0712 Executive branch agency -specific exemptions from 20
3434 inspection or copying of public records. — 21
3535 (2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES. — 22
3636 (c) E-mail addresses collected by the Department of Highway 23
3737 Safety and Motor Vehicles pursuant to s. 319.40(3), s. 24
3838 320.95(2), or s. 322.08(10), or 328.30 are exempt from s. 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 119.07(1) and s. 24(a), Art. I of the State Constitution. This 26
5252 exemption applies retroactively. This paragraph is subject to 27
5353 the Open Government Sunset Review Act in accordance with s. 28
5454 119.15 and shall stand repealed on October 2, 2030, unless 29
5555 reviewed and saved from repeal through reenactment by t he 30
5656 Legislature. 31
5757 Section 2. The Legislature finds that it is a public 32
5858 necessity that e-mail addresses collected by the Department of 33
5959 Highway Safety and Motor Vehicles used as a method of 34
6060 notification in lieu of the United States Postal Service be made 35
6161 exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 36
6262 Article I of the State Constitution. Sections 320.95(2) and 37
6363 322.08(10), Florida Statutes, currently authorize the Department 38
6464 of Highway Safety and Motor Vehicles to collect and use 39
6565 electronic mail in lieu of the United States Postal Service for 40
6666 providing renewal notices related to motor vehicle license 41
6767 plates, driver licenses, and identification cards but does not 42
6868 provide this authority for other types of notifications. The 43
6969 Department of Highway and M otor Vehicles is also currently 44
7070 allowed to collect and use electronic mail addresses for 45
7171 providing renewal notices related to vessel registrations 46
7272 pursuant to s. 328.30(3), Florida Statutes. HB 1075_ expands the 47
7373 circumstances in which electronic mail may b e used in lieu of 48
7474 the United States Postal Service as a method of notification for 49
7575 various notices and orders issued by the department, including, 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 but not limited to, notices related to driver licenses, 51
8989 identification cards, motor vehicle registrations, ve ssel 52
9090 registrations, and orders to revoke, cancel, or suspend driver 53
9191 licenses. The department's use of e -mail as a method for 54
9292 corresponding with customers has steadily increased in recent 55
9393 decades. E-mail addresses are unique to each individual and, 56
9494 when combined with other personal identifying information, can 57
9595 be used for identity theft, consumer scams, unwanted 58
9696 solicitations, or other invasive contacts. The public 59
9797 availability of personal e -mail addresses put the department's 60
9898 customers at increased risk of these problems. Such risk may be 61
9999 significantly limited by permitting the department to keep 62
100100 customer e-mail addresses exempt. The Legislature finds that 63
101101 these risks to consumers outweigh the state's public policy 64
102102 favoring open government. 65
103103 Section 3. This act shall take effect on the same date 66
104104 that HB 1075 or similar legislation takes effect , if such 67
105105 legislation is adopted in the same legislative session or an 68
106106 extension thereof and becomes a law. 69