The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Finance and Tax
BILL: SB 1292
INTRODUCER: Senator Collins
SUBJECT: Public Records/E-mail Addresses/DHSMV
DATE: March 25, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Shutes Vickers TR Favorable
2. Khan Khan FT Favorable
3. AP
I. Summary:
SB 1292 expands the exemption from public records for email addresses collected by the
Department of Highway Safety and Motor Vehicles (DHSMV) for certain renewal notices to
include email addresses to be used as a method of general notification to customers. The bill also
creates a public record exemption for email addresses collected by the DHSMV and used for
purposes of renewal notices for vessel titles and liens.
A public necessity statement is included in the bill as required by the Florida Constitution.
The bill is subject to the Open Government Sunset Review Act and the new exemptions will be
repealed on October 2, 2030, unless reviewed and reenacted by the Legislature.
Because this bill creates a new public records exemption, a two-thirds vote of the members
present and voting in each chamber of the Legislature is required for passage.
The bill takes effect on the same date that SB 1290 or similar legislation takes effect
(July 1, 2025), if such legislation is adopted in the same legislative session or an extension
thereof and becomes a law.
II. Present Situation:
Access to Public Records - Generally
The Florida Constitution provides that the public has the right to inspect or copy records made or
received in connection with official governmental business.
1
The right to inspect or copy applies
to the official business of any public body, officer, or employee of the state, including all three
1
FLA. CONST. art. I, s. 24(a).
REVISED: BILL: SB 1292 Page 2
branches of state government, local governmental entities, and any person acting on behalf of the
government.
2
Additional requirements and exemptions related to public records are found in various statutes
and rules, depending on the branch of government involved. For instance, s. 11.0431, F.S.,
provides public access requirements for legislative records. Relevant exemptions are codified in
s. 11.0431(2)-(3), F.S., and the statutory provisions are adopted in the rules of each chamber of
the legislature.
3
Florida Rule of Judicial Administration 2.420 governs public access to judicial
branch records.
4
Lastly, ch. 119, F.S., provides requirements for public records held by executive
agencies.
Executive Agency Records – The Public Records Act
Chapter 119, F.S., known as the Public Records Act, provides that all state, county, and
municipal records are open for personal inspection and copying by any person, and that
providing access to public records is a duty of each agency.
5
A public record includes virtually any document or recording, regardless of its physical form or
how it may be transmitted.
6
The Florida Supreme Court has interpreted the statutory definition of
“public record” to include “material prepared in connection with official agency business which
is intended to perpetuate, communicate, or formalize knowledge of some type.”
7
The Florida Statutes specify conditions under which public access to public records must be
provided. The Public Records Act guarantees every person’s right to inspect and copy any public
record at any reasonable time, under reasonable conditions, and under supervision by the
custodian of the public record.
8
A violation of the Public Records Act may result in civil or
criminal liability.
9
The Legislature may exempt public records from public access requirements by passing a
general law by a two-thirds vote of both the House and the Senate.
10
The exemption must state
2
Id.
3
See Rule 1.48, Rules and Manual of the Florida Senate (2020-2022) and Rule 14.1, Rules of the Florida House of
Representatives (2020-2022)
4
State v. Wooten, 260 So. 3d 1060 (Fla. 4
th
DCA 2018).
5
Section 119.01(1), F.S. Section 119.011(2), F.S., defines “agency” as “any state, county, district, authority, or municipal
officer, department, division, board, bureau, commission, or other separate unit of government created or established by law
including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of
Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf
of any public agency.”
6
Section 119.011(12), F.S., defines “public record” to mean “all documents, papers, letters, maps, books, tapes, photographs,
films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means
of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by
any agency.”
7
Shevin v. Byron, Harless, Schaffer, Reid, and Assoc., Inc., 379 So. 2d 633, 640 (Fla. 1980).
8
Section 119.07(1)(a), F.S.
9
Section 119.10, F.S. Public records laws are found throughout the Florida Statutes, as are the penalties for violating those
laws.
10
FLA. CONST. art. I, s. 24(c). BILL: SB 1292 Page 3
with specificity the public necessity justifying the exemption and must be no broader than
necessary to accomplish the stated purpose of the exemption.
11
General exemptions from the public records requirements are contained in the Public Records
Act.
12
Specific exemptions often are placed in the substantive statutes relating to a particular
agency or program.
13
When creating a public records exemption, the Legislature may provide that a record is “exempt”
or “confidential and exempt.” Custodians of records designated as “exempt” are not prohibited
from disclosing the record; rather, the exemption means that the custodian cannot be compelled
to disclose the record.
14
Custodians of records designated as “confidential and exempt” may not
disclose the record except under circumstances specifically defined by the Legislature.
15
Open Government Sunset Review Act
The Open Government Sunset Review Act
16
(the Act) prescribes a legislative review process for
newly created or substantially amended
17
public records or open meetings exemptions, with
specified exceptions.
18
It requires the automatic repeal of such exemption on October 2nd of the
fifth year after creation or substantial amendment, unless the Legislature reenacts the
exemption.
19
The Act provides that a public records or open meetings exemption may be created or
maintained only if it serves an identifiable public purpose and is no broader than is necessary.
20
An exemption serves an identifiable purpose if it meets one of the following purposes and the
Legislature finds that the purpose of the exemption outweighs open government policy and
cannot be accomplished without the exemption:
• It allows the state or its political subdivisions to effectively and efficiently administer a
governmental program, and administration would be significantly impaired without the
exemption;
21
11
Id. See, e.g., Halifax Hosp. Medical Center v. News-Journal Corp., 724 So. 2d 567 (Fla. 1999) (holding that a public
meetings exemption was unconstitutional because the statement of public necessity did not define important terms and did
not justify the breadth of the exemption); Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d 189
(Fla. 1st DCA 2004) (holding that a statutory provision written to bring another party within an existing public records
exemption is unconstitutional without a public necessity statement).
12
See, e.g., s. 119.071(1)(a), F.S. (exempting from public disclosure examination questions and answer sheets of
examinations administered by a governmental agency for the purpose of licensure).
13
See, e.g., s. 213.053(2)(a), F.S. (exempting from public disclosure information contained in tax returns received by the
Department of Revenue).
14
See Williams v. City of Minneola, 575 So. 2d 683, 687 (Fla. 5th DCA 1991).
15
WFTV, Inc. v. The School Board of Seminole, 874 So. 2d 48 (Fla. 5th DCA 2004).
16
Section 119.15, F.S.
17
An exemption is considered to be substantially amended if it is expanded to include more records or information or to
include meetings as well as records. Section 119.15(4)(b), F.S.
18
Section 119.15(2)(a) and (b), F.S., provide that exemptions that are required by federal law or are applicable solely to the
Legislature or the State Court System are not subject to the Open Government Sunset Review Act.
19
Section 119.15(3), F.S.
20
Section 119.15(6)(b), F.S.
21
Section 119.15(6)(b)1., F.S. BILL: SB 1292 Page 4
• It protects sensitive, personal information, the release of which would be defamatory, cause
unwarranted damage to the good name or reputation of the individual, or would jeopardize
the individual’s safety. If this public purpose is cited as the basis of an exemption, however,
only personal identifying information is exempt;
22
or
• It protects information of a confidential nature concerning entities, such as trade or business
secrets.
23
The Act also requires specified questions to be considered during the review process.
24
In
examining an exemption, the Act directs the Legislature to carefully question the purpose and
necessity of the exemption.
If the exemption is continued and expanded, then a public necessity statement and a two-thirds
vote for passage are required.
25
If the exemption is continued without substantive changes or if
the exemption is continued and narrowed, then a public necessity statement and a two-thirds vote
for passage are not required. If the Legislature allows an exemption to sunset, the previously
exempt records will remain exempt unless provided for by law.
26
Existing Public Record Exemptions for DHSMV-Related Email Addresses
Section 119.0712(2)(c), F.S., provides that email addresses collected by DHSMV pursuant to
specified provisions of law are exempt from public disclosure. Specifically, the following types
of transactions are exempt:
• Motor vehicle title notifications.
27
• Motor vehicle registration renewals.
28
• Driver license renewal notices.
29
SB 1290 – Department of Highways Safety and Motor Vehicles
SB 1290 expands the circumstances in which email may be used in lieu of the United States
Postal Service by authorizing email to be used as method of notification for various notices and
orders issued by DHSMV, including but not limited to, notices and orders related to driver
licenses, identification cards, motor vehicle registrations, motor vehicle insurance and vessel
titles.
22
Section 119.15(6)(b)2., F.S.
23
Section 119.15(6)(b)3., F.S.
24
Section 119.15(6)(a), F.S. The specified questions are:
• What specific records or meetings are affected by the exemption?
• Whom does the exemption uniquely affect, as opposed to the general public?
• What is the identifiable public purpose or goal of the exemption?
• Can the information contained in the records or discussed in the meeting be readily obtained by alternative means?
If so, how?
• Is the record or meeting protected by another exemption?
• Are there multiple exemptions for the same type of record or meeting that it would be appropriate to merge?
25
See generally s. 119.15, F.S.
26
Section 119.15(7), F.S.
27
Section 319.40(3), F.S.
28
Section 320.95(2), F.S.
29
Section 322.08(10), F.S. BILL: SB 1292 Page 5
III. Effect of Proposed Changes:
The bill amends s. 119.0712, F.S., to expand the exemption from public records for email
addresses collected by DHSMV for providing renewal notices to include email addresses to be
used as a method of general notification, and not just renewal notices. The bill also creates a
public records exemption for email addresses collected by DHSMV and used for the purpose of
providing renewal notices for vessel titles.
The bill is subject to the Open Government Sunset Review Act and the exemptions will be
repealed on October 2, 2030, unless reviewed and reenacted by the Legislature. Because this bill
creates a new public records exemption, a two-thirds vote of the members present and voting in
each chamber of the Legislature is required for passage.
The bill contains a public necessity statement as required by the Florida Constitution. It provides
that the Legislature finds that:
• It is a public necessity that e-mail addresses collected by the Department of Highway Safety
and Motor Vehicles for the use of e-mail in lieu of the United States Postal Service as a
method of notification be made exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
Article I of the State Constitution. Sections 320.95(2) and 322.08(10), Florida Statutes,
authorize the department to collect e-mail addresses and use e-mail in lieu of the United
States Postal Service to provide renewal notices related to motor vehicle license plates, driver
licenses, and identification cards. The department is also authorized to collect e-mail
addresses and use e-mail to provide renewal notices related to vessel registrations pursuant to
s. 328.30(3), Florida Statutes.
• SB 1290 expands the circumstances in which e-mail may be used in lieu of the United States
Postal Service by authorizing e-mail to be used as a method of general notification for
various notices and orders issued by the department in addition to renewal notices, including,
but not limited to, notices related to driver licenses, identification cards, motor vehicle
registrations, vessel registrations, and orders to revoke, cancel, or suspend driver licenses.
• The department’s use of e-mail as a method for corresponding with customers has steadily
increased in recent decades. E-mail addresses are unique to each individual and, when
combined with other personal identifying information, can be used for identity theft,
consumer scams, unwanted solicitations, or other invasive contacts. The public availability of
personal e-mail addresses puts the department’s customers at increased risk of these
problems. Such risks may be significantly limited by permitting the department to keep
customer e-mail addresses exempt. The Legislature finds that these risks to consumers
outweigh the state’s public policy favoring open government.
The bill is effective on the same date that SB 1290 or similar legislation takes effect
(July 1, 2025), if such legislation is adopted in the same legislative session or an extension
thereof and becomes a law. BILL: SB 1292 Page 6
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. The bill does not require counties or municipalities to take action
requiring the expenditure of funds, reduce the authority that counties or municipalities
have to raise revenue in the aggregate, nor reduce the percentage of state tax shared with
counties or municipalities. Therefore, the bill may not be subject to Article VII, s. 18 of
the Florida Constitution.
B. Public Records/Open Meetings Issues:
Vote Requirement
Article I, s. 24(c) of the State Constitution requires a two-thirds vote of the members
present and voting for final passage of a bill creating or expanding an exemption to the
public records requirements. This bill expands the exemption from public records for
email addresses collected by DHSMV for providing renewal notices to include email
addresses to be used as a method of general notification. The bill also creates a public
records exemption for email addresses collected by DHSMV and used for the purpose of
providing renewal notices for vessel titles. Thus, the bill requires a two-thirds vote to be
enacted.
Public Necessity Statement
Article I, s. 24(c) of the State Constitution requires a bill creating or expanding an
exemption to the public records requirements to state with specificity the public necessity
justifying the exemption. Section 2 of the bill contains a statement of public necessity for
the exemption.
Breadth of Exemption
Article I, s. 24(c) of the State Constitution requires an exemption to the public records
requirements to be no broader than necessary to accomplish the stated purpose of the law.
The purpose of the law is to protect email addresses held by the DHSMV for purposes of
providing various general notifications, notices, orders and instructions to customers.
This bill exempts only that specific information. The exemption does not appear to be
broader than necessary to accomplish the purpose of the law.
C. Trust Funds Restrictions:
None. BILL: SB 1292 Page 7
D. State Tax or Fee Increases:
Not applicable. The bill does not impose or raise a state tax or fee nor repeal a state tax
credit or exemption. Therefore, this bill may not be a subject to Article VII, s. 19 of the
Florida Constitution.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 119.0712 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.