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Florida Senate
-
2026
SB 942
By
Senator Calatayud
38-01230-26 2026942__
1 A bill to be entitled
2 An act relating to motor vehicle operator privacy;
3 providing a short title; amending s. 119.0712, F.S.;
4 defining terms; prohibiting certain personal
5 information and e-mail addresses from being sold to or
6 shared with a third-party company, foreign country of
7 concern, or foreign principal; providing for
8 retroactive application; providing penalties for a
9 third-party company that uses or releases certain
10 information for a specified purpose; providing an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1.
This act may be cited as the “Driver Privacy
16
Act.”
17 Section 2. Subsection (2) of section 119.0712, Florida
18 Statutes, is amended to read:
19 119.0712 Executive branch agency-specific exemptions from
20 inspection or copying of public records.—
21 (2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—
22 (a) For purposes of this subsection, the term
:
23
1.
“Foreign country of concern” has the same meaning as in
24
s. 692.201.
25
2.
“Foreign principal” has the same meaning as in s.
26
692.201.
27
3.
“Motor vehicle record” means any record that pertains to
28 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.
31
4.
“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.
37
5.
“Secure login credentials” means information held by the
38
department for purposes of authenticating a user logging into a
39
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.
44
6.
“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
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 Highway
57 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.
66 2. 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:
70 a. Law enforcement agencies for purposes of contacting
71 those listed in the event of an emergency.
72 b. 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
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.
95 2. Internet protocol addresses, geolocation data, and other
96 information held by the Department of Highway Safety and Motor
97 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),
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.
110 3. 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.
114 Section 3. This act shall take effect July 1, 2026.