Mike Colodny Insurance Law Blog on Lawyers.com

In an Interim Project Report released on December 29, 2008, Florida Senate Committee on Transportation staff recommended the re-enactment of the State's exemption of certain confidential personal records held by the Florida Department of Highway Safety and Motor Vehicles that would otherwise be subject to open government requirements.

Personal information includes, but is not limited to, a driver’s social security number, driver’s license number or identification card number, name, address, telephone number, medical or disability information, and emergency contact information.  Florida law contains numerous exceptions, including an exemption for use of any of the aforementioned information by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, anti-fraud activities, rating, or underwriting.

This and other exemptions will sunset unless they are saved from repeal during Florida’s 2009 Legislative Session.

The Driver’s Privacy Protection Act ("DPPA") is a federal statute requiring the states to restrict public access to state motor vehicle records.  Although the DPPA begins with a general prohibition against disclosure of personal information gathered by state departments, states may adopt the permissible exceptions or may enact more restrictive measures than the DPPA requires.  However, states may not allow more permissive access to motor vehicle records than the DPPA allows.  The DPPA authorizes the Attorney General to impose civil fines against states found in non-compliance and, additionally, allows civil suits against states by individuals for violations.

To read the complete Report, click here.