H 357

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  HB 357  2026
1A bill to be entitled
2An act relating to motor vehicle operator privacy;
3providing a short title; amending s. 119.0712, F.S.;
4providing definitions; prohibiting certain personal
5information and e-mail addresses from being sold to or
6shared with a third-party company, foreign country of
7concern, or foreign principal; providing for
8retroactive application; providing penalties for a
9third-party company that uses or releases certain
10information for a specified purpose; providing an
11effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15Section 1.  This act may be cited as the "Driver Privacy
16Act."
17Section 2.        Subsection (2) of section 119.0712, Florida
18Statutes, is amended to read:
19119.0712  Executive branch agency-specific exemptions from
20inspection or copying of public records.—
21(2)      DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—
22(a)      For purposes of this subsection, the term:
231.      "Foreign country of concern" has the same meaning as in
24s. 692.201.
252.      "Foreign principal" has the same meaning as in s.
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26    692.201.
273.      "Motor vehicle record" means any record that pertains
28    to a motor vehicle operator's permit, motor vehicle title, motor
29    vehicle registration, or identification card issued by the
30    Department of Highway Safety and Motor Vehicles.
314.      "Public-facing portal" means a web portal or computer
32    application accessible by the public over the Internet, whether
33    through a mobile device, a website, or any other electronic
34    means, which is established for administering chapter 319,
35    chapter 320, chapter 322, chapter 328, or any other provision of
36    law conferring duties upon the department.
375.      "Secure login credentials" means information held by
38    the department for purposes of authenticating a user logging
39    into a user account on a computer, a computer system, a computer
40    network, or an electronic device; an online user account
41    accessible over the Internet, whether through a mobile device, a
42    website, or any other electronic means; or information used for
43    authentication or password recovery.
446.      "Third-party company" means any marketing firm, debt
45    collector, insurance company, or data broker.
46(b)      Personal information, including highly restricted
47    personal information as defined in 18 U.S.C. s. 2725, contained
48    in a motor vehicle record is confidential pursuant to the
49    federal Driver's Privacy Protection Act of 1994, 18 U.S.C. ss.
50    2721 et seq. Such information may be released only as authorized
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51    by that act; however, information received pursuant to that act
52    may not be used for mass commercial solicitation of clients for
53    litigation against motor vehicle dealers and may not be sold to
54    or shared with a third-party company, foreign country of
55    concern, or foreign principal.
56(c)      E-mail addresses collected by the Department of
57    Highway Safety and Motor Vehicles pursuant to s. 319.40(3), s.
58    320.95(2), or s. 322.08(10) are exempt from s. 119.07(1) and s.
59    24(a), Art. I of the State Constitution and may not be sold to
60    or shared with a third-party company, foreign country of
61    concern, or foreign principal. This exemption applies
62    retroactively.
63(d)1.       Emergency contact information contained in a motor
64    vehicle record is confidential and exempt from s. 119.07(1) and
65    s. 24(a), Art. I of the State Constitution.
662.      Without the express consent of the person to whom such
67    emergency contact information applies, the emergency contact
68    information contained in a motor vehicle record may be released
69    only to:
70a.      Law enforcement agencies for purposes of contacting
71    those listed in the event of an emergency.
72b.      A receiving facility, hospital, or licensed
73    detoxification or addictions receiving facility pursuant to s.
74    394.463(2)(a) or s. 397.6772(1)(a) for the sole purpose of
75    informing a patient's emergency contacts of the patient's
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76     whereabouts.
77(e)      Any person or third-party company that who uses or
78     releases any information contained in the Driver and Vehicle
79     Information Database for a purpose not specifically authorized
80     by law commits a noncriminal infraction, punishable by a fine
81     not exceeding $2,000.
82(f)1.       Secure login credentials held by the Department of
83     Highway Safety and Motor Vehicles are exempt from s. 119.07(1)
84     and s. 24(a), Art. I of the State Constitution. This exemption
85     applies to secure login credentials held by the department
86     before, on, or after the effective date of the exemption. For
87     purposes of this subparagraph, the term "secure login
88     credentials" means information held by the department for
89     purposes of authenticating a user logging into a user account on
90     a computer, a computer system, a computer network, or an
91     electronic device; an online user account accessible over the
92     Internet, whether through a mobile device, a website, or any
93     other electronic means; or information used for authentication
94     or password recovery.
952.      Internet protocol addresses, geolocation data, and
96     other information held by the Department of Highway Safety and
97     Motor Vehicles which describes the location, computer, computer
98     system, or computer network from which a user accesses a public-
99     facing portal, and the dates and times that a user accesses a
100    public-facing portal, are exempt from s. 119.07(1) and s. 24(a),
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101    Art. I of the State Constitution. This exemption applies to such
102    information held by the department before, on, or after the
103    effective date of the exemption. For purposes of this
104    subparagraph, the term "public-facing portal" means a web portal
105    or computer application accessible by the public over the
106    Internet, whether through a mobile device, website, or other
107    electronic means, which is established for administering chapter
108    319, chapter 320, chapter 322, chapter 328, or any other
109    provision of law conferring duties upon the department.
1103.      This paragraph is subject to the Open Government Sunset
111    Review Act in accordance with s. 119.15 and shall stand repealed
112    on October 2, 2026, unless reviewed and saved from repeal
113    through reenactment by the Legislature.
114Section 3.        This act shall take effect July 1, 2026.
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