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ENROLLED
2026
Legislature
SB 490
2026490er
1
2 An act relating to public records; amending s.
3 119.0712, F.S.; expanding an exemption from public
4 records requirements for e-mail addresses collected by
5 the Department of Highway Safety and Motor Vehicles
6 for providing renewal notices to include e-mail
7 addresses collected for use as a method of
8 notification generally and not only for the purpose of
9 providing renewal notices; expanding the exemption to
10 include e-mail addresses collected for use as a method
11 of notification related to vessel registrations;
12 providing retroactive applicability; providing for
13 future legislative review and repeal of the exemption;
14 providing a statement of public necessity; providing a
15 contingent effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Paragraph (c) of subsection (2) of section
20 119.0712, Florida Statutes, is amended to read:
21 119.0712 Executive branch agency-specific exemptions from
22 inspection or copying of public records.—
23 (2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—
24 (c) E-mail addresses collected by the Department of Highway
25 Safety and Motor Vehicles pursuant to s. 319.40(3), s.
26 320.95(2),
or
s. 322.08(10)
, or s. 328.30
are exempt from s.
27 119.07(1) and s. 24(a), Art. I of the State Constitution. This
28 exemption applies retroactively.
This paragraph is subject to
29
the Open Government Sunset Review Act in accordance with s.
30
119.15 and shall stand repealed on October 2, 203
1
, unless
31
reviewed and saved from repeal through reenactment by the
32
Legislature.
33 Section 2.
The Legislature finds that it is a public
34
necessity that e
-
mail addresses collected by the Department of
35
Highway Safety and Motor Vehicles
for the use of e-mail
in lieu
36
of the United States Postal Service
as a method of notification
37
be made exempt from s. 119.07(1), Florida Statutes, and s.
38
24(a), Article I of the State Constitution. Sections 320.95(2)
39
and 322.08(10), Florida Statutes, authorize the
d
epartment to
40
collect
e-mail addresses
and use e
-
mail in lieu of the United
41
States Postal Service
to provide
renewal notices related to
42
motor vehicle license plates, driver licenses, and
43
identification cards. The
d
epartment
is also authorized to
44
collect e
-
mail addresses
and use e-mail
to provide
renewal
45
notices related to vessel registrations pursuant to s.
46
328.30(3), Florida Statutes. SB
488
expands the circumstances in
47
which e
-
mail may be used in lieu of the United States Postal
48
Service
by authorizing e-mail to be used
as a method of
49
notification for various notices and orders issued by the
50
department
in addition to renewal notices
, including, but not
51
limited to, notices related to driver licenses, identification
52
cards, motor vehicle registrations, vessel registrations, and
53
orders to revoke, cancel, or suspend driver licenses. The
54
department’s use of e
-
mail as a method for corresponding with
55
customers has steadily increased in recent decades. E
-
mail
56
addresses are unique to each individual and, when combined with
57
other personal identifying information, can be used for identity
58
theft, consumer scams, unwanted solicitations, or other invasive
59
contacts. The public availability of personal e
-
mail addresses
60
put
s
the department’s customers at increased risk of these
61
problems. Such risk
s
may be significantly limited by permitting
62
the department to keep customer e
-
mail addresses exempt. The
63
Legislature finds that these risks to consumers outweigh the
64
state’s public policy favoring open government.
65 Section 3. This act shall take effect on the same date that
66 SB 488 or similar legislation takes effect, if such legislation
67 is adopted in the same legislative session or an extension
68 thereof and becomes a law.