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Security Agreement Sample Form
SECURITY AGREEMENT FORM
The Department of Children and Families has authorized you:
_____________________________________________________________________
to have access to sensitive data using computer-related media (e.g., printed reports, microfiche, system
inquiry, on-line update, or any magnetic media).
Computer crimes are a violation of the department’s Standards of Conduct. In addition to departmental
discipline, committing computer crimes may result in Federal or State felony criminal charges.
I understand that a security violation may result in criminal prosecution according to the provisions of
Federal and State statutes and may also result in disciplinary action against me according to the
department’s Standards of Conduct in the Employee Handbook.
By my signature below, I acknowledge that I have received, read, understand and agree to be bound by
the following:
•
The Computer Related Crimes Act, Chapter 815, F.S.
•
Sections 7213, 7213A, and 7431 of the Internal Revenue Code, which provide civil and criminal
penalties for unauthorized inspection or disclosure of Federal tax data.
•
6103(l)(7) of the Internal Revenue Code, which provides confidentiality and disclosure of returns
and return information.
•
CFOP 50-2.
•
It is the policy of the Department of Children and Families that no contract employee shall have
access to IRS tax information or FDLE information, unless approved in writing, by name and
position to access specified information, as authorized by regulation and/or statute.
•
It is the policy of the Department of Children and Families that I do not disclose personal passwords.
•
It is the policy of the Department of Children and Families that I do not obtain informationfor my own
or another person’s personal use.
•
I will only access or view information or data for which I am authorized and have a legitimate
business reason to see when performing my duties. I shall maintain the integrity of all confidential
and sensitive information accessed.
•
“Casual viewing” of employee or client data, even data that is not confidential or otherwise exempt
from disclosure as a public record, constitutes misuse of access and is not acceptable.
•
The Department of Children and Families will perform regular database queries to identify misuse of
access.
•
Chapter 119.0712, Florida Statutes, and the Driver Privacy Protection Act (DPPA).
PRIVACYACTSTATEMENT: Disclosure of your social security number is voluntary, but must be provided
in order to gain access to department systems. It is requested, however, pursuant to Section 282.318,
Florida Statutes, the Security of Data and Information Technology Resources Act. The Department
requests social security numbers toensure secure access to data systems, prevent unauthorized access to
confidential and sensitive information collected and stored by the Department, and provide a unique
identifier in our systems.
Print Employee/Contractor Name Signature of Employee/Contractor Date
Print Supervisor Name Signature of Supervisor Date
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CHAPTER 815: COMPUTER-RELATED CRIMES
815.01 Short title. The provisions of this act shall be known and may be cited as the "Florida Computer Crimes Act."
(History: s. 1, ch. 78-92.)
815.02 Legislative intent. The Legislature finds and declares that:
(1) Computer-related crime is a growing problem in government as well as in the private sector.
(2) Computer-related crime occurs at great cost to the public since losses for each incident of computer crime tend to be far greater than the
losses associated with each incident of other white collar crime.
(3) The opportunities for computer-related crimes in financial institutions, government programs, government records, and other business
enterprises through the introduction of fraudulent records into a computer system, the unauthorized use of computer facilities, the alteration or
destruction of computerized information or files, and the stealing of financial instruments, data, and other assets are great.
(4) While various forms of computer crime might possibly be the subject of criminal charges based on other provisions of law, it is
appropriate and desirable that a supplemental and additional statute be provided which proscribes various forms of computer abuse.
(History: s. 1, ch. 78-92.)
815.03 Definitions. As used in this chapter, unless the context clearly indicates otherwise:
(1) "Access" means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a
computer, computer system, or computer network.
(2) "Computer" means an internally programmed, automatic device that performs data processing.
(3) “Computer contaminant” means any set of computer instructions designed to modify, damage, destroy, record, or transmit information
within a computer, computer system, or computer network without the intent or permission of the owner of the information. The term includes,
but is not limited to, a group of computer instructions commonly called viruses or worms which are self-replicating or self-propagating and which
are designed to contaminant other computer programs or computer data; consume computer resources; modify, destroy, record, or transmit
data; or in some other fashion usurp the normal operation of the computer, computer system, or computer network.
(4) "Computer network" means any system that provides communications between one or more computer systems and its input or output
devices, including, but not limited to, display terminals and printers that are connected by telecommunication facilities.
(5) "Computer program or computer software" means a set of instructions or statements and related data which, when executed in actual or
modified form, cause a computer, computer system, or computer network to perform specified functions.
(6) "Computer services" include, but are not limited to, computer time; data processing or storage functions; or other uses of a computer,
computer system, or computer network.
(7) "Computer system" means a device or collection of devices, including support devices, one or more of which contain computer programs,
electronic instructions, or input data and output data, and which perform functions, including, but not limited to, logic, arithmetic, data storage,
retrieval, communication, or control. The term does not include calculators that are not programmable and that are not capable of being used in
conjunction with external files.
(8) “Data” means a representation of information, knowledge, facts, concepts, computer software, computer programs, or instructions. Data
may be in any form, in storage media or stored in the memory of the computer, or in transit or presented on a display device.
(9) "Financial instrument" means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card, or
marketable security.
(10) "Intellectual property" means data, including programs.
(11) "Property" means anything of value as defined in [Footnote 1] s. 812.011 and includes, but is not limited to, financial instruments,
information, including electronically produced data and computer software and programs in either machine-readable or human-readable form,
and any other tangible or intangible item of value.
(History: s. 1, ch. 78-92; s. 9, ch. 2001-54.) ([Footnote 1] Note: Repealed by s. 16, ch. 77-342.)
815.04 Offenses against intellectual property; public records exemption.
(1) Whoever willfully, knowingly, and without authorization modifies data, programs, or supporting documentation residing or existing internal
or external to a computer, computer system, or computer network commits an offense against intellectual property.
(2) Whoever willfully, knowingly, and without authorization destroys data, programs, or supporting documentation residing or existing internal
or external to a computer, computer system, or computer network commits an offense against intellectual property.
(3) (a) Data, programs, or supporting documentation which is a trade secret as defined in s. 812.081 which resides or exists internal or
external to a computer, computer system, or computer network which is held by an agency as defined in chapter 119 is confidential and exempt
from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (b) Whoever willfully, knowingly, and without authorization
discloses or takes data, programs, or supporting documentation which is a trade secret as defined in s. 812.081 or is confidential as provided by
law residing or existing internal or external to a computer, computer system, or computer network commits an offense against intellectual
property.
(4) (a) Except as otherwise provided in this subsection, an offense against intellectual property is a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084. (b) If the offense is committed for the purpose of devising or executing any scheme or artifice
to defraud or to obtain any property, then the offender is guilty of a felony of the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(History: s. 1, ch. 78-92; s. 1, ch. 94-100; s. 431, ch. 96-406.)
815.045 Trade secret information. The Legislature finds that it is a public necessity that trade secret information as defined in s. 812.081, and
as provided for in s. 815.04(3), be expressly made confidential and exempt from the public records law because it is a felony to disclose such
records. Due to the legal uncertainty as to whether a public employee would be protected from a felony conviction if otherwise complying with
chapter 119, and with s. 24(a), Art. I of the State Constitution, it is imperative that a public records exemption be created. The Legislature in
making disclosure of trade secrets a crime has clearly established the importance attached to trade secret protection. Disclosing trade secrets in
an agency's possession would negatively impact the business interests of those providing an agency such trade secrets by damaging them in
the marketplace, and those entities and individuals disclosing such trade secrets would hesitate to cooperate with that agency, which would
impair the effective and efficient administration of governmental functions. Thus, the public and private harm in disclosing trade secrets
significantly outweighs any public benefit derived from disclosure, and the public's ability to scrutinize and monitor agency action is not
diminished by nondisclosure of trade secrets. (History: s. 2, ch. 94-100.) (Note. Former s. 119.165)
815.06 Offenses against computer users.
(1) Whoever willfully, knowingly, and without authorization: (a) Accesses or causes to be accessed any computer, computer system, or
computer network; (b) Disrupts or denies or causes the denial of computer system services to an authorized user of such computer system
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services, which, in whole or part, is owned by, under contract to, or operated for, on behalf of, or in conjunction with another; (c) Destroys,
takes, injures, or damages equipment or supplies used or intended to be used in a computer, computer system, or computer network;
(d) Destroys, injures, or damages any computer, computer system, or computer network; or (e) Introduces any computer contaminant into any
computer, computer system, or computer network, commits an offense against computer users.
(2) (a) Except as provided in paragraphs (b) and (c), whoever violates subsection (1) commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084. (b) Whoever violates subsection (1) and: 1. Damages a computer, computer equipment,
computer supplies, a computer system, or a computer network, and the monetary damage or loss incurred as a result of the violation is $5,000
or greater; 2. Commits the offense for the purpose of devising or executing any scheme or artifice to defraud or obtain property; or 3.
Interrupts or impairs a governmental operation or public communication, transportation, or supply of water, gas, or other public service,
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) Whoever violates subsection (1)
and the violation endangers human life commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Whoever willingly, knowingly, and without authorization modifies equipment or supplies used or intended to be used in a computer,
computer system, or computer network commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(4) (a) In addition to any other civil remedy available, the owner or lessee of the computer, computer system, computer network, computer
program, computer equipment, computer supplies, or computer data may bring a civil action against any person convicted under this section for
compensatory damages. (b) In any action brought under this subsection, the court may award reasonable attorney fees to the prevailing party.
(5) Any computer, computer system, computer network, computer software, or computer data owned by a defendant which is used during the
commission of any violation of this section or any computer owned by the defendant which is used as a repository for the storage of software or
data obtained in violation of this section is subject to forfeiture as provided under ss. 932.701 – 932.704.
(6) This section does not apply to any person who accesses his or her employer’s computer system, computer network, computer program,
or computer data when acting within the scope of his or her lawful employment.
(7) For purposes of bringing a civil or criminal action under this section, a person who causes, by any means, the access to a computer,
computer system, or computer network in one jurisdiction from another jurisdiction is deemed to have personally accessed the computer,
computer system, or computer network in both jurisdictions.
(History: s. 1, ch. 78-92; s. 11, ch. 2001-54.)
815.07 This chapter not exclusive. The provisions of this chapter shall not be construed to preclude the applicability of any other provision of
the criminal law of this state which presently applies or may in the future apply to any transaction which violates this chapter, unless such
provision is inconsistent with the terms of this chapter. (History: s. 1, ch. 78-92.)
SECTION 7213 – UNAUTHORIZED DISCLOSURE OF INFORMATION
(a) RETURNS AND RETURN INFORMATION -
(1) FEDERAL EMPLOYEES AND OTHER PERSONS – It shall be unlawful for any officer or employee of the United States or any person
described in section 6103(n)(or an officer or employee of any such person),or any former officer or employee, willfully to disclose to any person,
except as authorized in this title, any return or return information [as defined in section 6103(b)]. Any violation of this paragraph shall be a
felony punishable upon conviction by a fine in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both, together
with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other
punishment, be dismissed from office or discharged from employment upon conviction for such offense.
(2) STATE AND OTHER EMPLOYEES – It shall be unlawful for any person [not described in paragraph (1)] willfully to disclose to any
person, except as authorized in this title, any return or return information [as defined in section 6103(b)] acquired by him or another person
under subsection (d),(i)(3)(B)(i),(1)(6),(7),(8),(9),(10),(12),(15) or (16) or (m)(2),(4),(5),(6), or (7) of section 6103. Any violation of this paragraph
shall be a felony punishable by a fine in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both, together with the
cost of prosecution.
(3) OTHER PERSONS – It shall be unlawful for any person to whom any return or return information [as defined in section 6103(b)] is
disclosed in an manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or
return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding $5,000, or imprisonment
of not more than 5 years, or both, together with the cost of prosecution.
(4) SOLICITATION – It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return
information [as defined in 6103(b)] and to receive as a result of such solicitation any such return or return information. Any violation of this
paragraph shall be a felony punishable by a fine in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both,
together with the cost of prosecution.
(5) SHAREHOLDERS – It shall be unlawful for any person to whom return or return information [as defined in 6103(b)] is disclosed pursuant
to the provisions of 6103((e)(1)(D)(iii) willfully to disclose such return or return information in any manner not provided by law. Any violation of
this paragraph shall be a felony punishable by a fine in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both,
together with the cost of prosecution.
SECTION 7213A – UNAUTHORIZED INSPECTION OF RETURNS OR RETURN INFORMATION
(a) PROHIBITIONS –
(1) FEDERAL EMPLOYEES AND OTHER PERSONS – It shall be unlawful for-
(A) any officer or employee of the United States, or
(B) any person described in section 6103(n) or an officer willfully to inspect, except as authorized in this title, any return or return
information.
(2) STATE AND OTHER EMPLOYEES – It shall be unlawful for any person [not described in paragraph(l)] willfully to inspect, except as
authorized by this title, any return information acquired by such person or another person under a provision of section 6103 referred to in section
7213(a)(2).
(b) PENALTY –
(1) IN GENERAL – Any violation of subsection (a) shall be punishable upon conviction by a fine in any amount not exceeding $1000, or
imprisonment of not more than 1 year, or both, together with the costs of prosecution.
(2) FEDERAL OFFICERS OR EMPLOYEES – An officer or employee of the United States who is convicted of any violation of subsection (a)
shall, in addition to any other punishment, be dismissed from office or discharged from employment.
(c) DEFINITIONS – For purposes of this section, the terms "inspect", "return", and "return information" have respective meanings given such
terms by section 6103(b).
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SECTION 7431 – CIVIL DAMAGES FOR UNAUTHORIZED DISCLOSURE OF RETURNS AND RETURN INFORMATION
(a) IN GENERAL –
(1) INSPECTION OR DISCLOSURE BY EMPLOYEE OF UNITED STATES – If any officer or employee of the United States knowingly, or by
reason of negligence, inspects or discloses any return or return information with respect to a taxpayer in violation of any provision of section
6103, such taxpayer may bring a civil action for damages against the United States in a district court of the United States.
(2) INSPECTION OR DISCLOSURE BY A PERSON WHO IS NOT AN EMPLOYEE OF THE UNITED STATES – If any person who is not an
officer or employee of the United States knowingly, or by reason of negligence, inspects or discloses any return or return information with
respect to a taxpayer in violation of any provision of section 6103, such taxpayer may bring a civil action for damages against such person in a
district court of the United States.
(b) EXCEPTIONS – No liability shall arise under this section with respect to any inspection or disclosure -
(1) which results from good faith, but erroneous, interpretation of section 6103, or
(2) which is requested by the taxpayer.
(c) DAMAGES – In any action brought under subsection (a), upon a finding of liability on the part of the defendant, the defendant shall be liable
to the plaintiff in an amount equal to the sum of-
(1) the greater of –
(A) $1,000 for each act of unauthorized inspection or disclosure of a return or return information with respect to which such defendant is
found liable, or
(B) the sum of:
(i) the actual damages sustained by the plaintiff as a result of such unauthorized inspection or disclosure, plus
(ii) in the case of a willful inspection or disclosure or an inspection or disclosure which is the result of gross negligence, punitive
damages, plus
(2) the cost of the action.
(d) PERIOD FOR BRINGING ACTION – Notwithstanding any other provision of law, an action to enforce any liability created under this section
may be brought, without regard to the amount in controversy, at any time within 2 years after the date of discovery by the plaintiff of the
unauthorized inspection or disclosure.
SECTION 6103 – CONFIDENTIALITY AND DISCLOSURE OF RETURNS AND RETURN INFORMATION
(l) DISCLOSURE OF RETURNS AND RETURN INFORMATION FOR PURPOSES OTHER THAN TAX ADMINISTRATION
(7) Disclosure of return information to Federal, State, and local agencies administering certain programs under the Social Security Act, the
Food Stamp Act of 1977, or title 38, United States Code, or certain housing assistance programs
(A) Return information from Social Security Administration – The Commissioner of Social Security shall, upon written request, disclose
return information from returns with respect to net earnings from self-employment (as defined in section 1402), wages (as defined in section
3121 (a) or 3401 (a)), and payments of retirement income, which have been disclosed to the Social Security Administration as provided by
paragraph (1) or (5) of this subsection, to any Federal, State, or local agency administering a program listed in subparagraph (D).
(B) Return information from Internal Revenue Service – The Secretary shall, upon written request, disclose current return information
from returns with respect to unearned income from the Internal Revenue Service files to any Federal, State, or local agency administering a
program listed in subparagraph (D).
(C) Restriction on disclosure – The Commissioner of Social Security and the Secretary shall disclose return information under
subparagraphs (A) and (B) only for purposes of, and to the extent necessary in, determining eligibility for, or the correct amount of, benefits
under a program listed in subparagraph (D).
(D) Programs to which rule applies – The programs to which this paragraph applies are:
(i) a State program funded under part A of title IV of the Social Security Act;
(ii) medical assistance provided under a State plan approved under title XIX of the Social Security Act or subsidies provided under
section 1860D–14 of such Act;
(iii) supplemental security income benefits provided under title XVI of the Social Security Act, and federally administered
supplementary payments of the type described in section 1616(a) of such Act (including payments pursuant to an agreement entered into under
section 212(a) of Public Law 93–66);
(iv) any benefits provided under a State plan approved under title I, X, XIV, or XVI of the Social Security Act (as those titles apply to
Puerto Rico, Guam, and the Virgin islands);
(v) unemployment compensation provided under a State law described in section 3304 of this title;
(vi) assistance provided under the Food Stamp Act of 1977;
(vii) State-administered supplementary payments of the type described in section 1616(a) of the Social Security Act (including
payments pursuant to an agreement entered into under section 212(a) of Public Law 93–66);
(viii)
(I) any needs-based pension provided under chapter 15 of title 38, United States Code, or under any other law administered by
the Secretary of Veterans Affairs;
(II) parents’ dependency and indemnity compensation provided under section 1315 of title 38, United States Code;
(III) health-care services furnished under section 1710(a)(1)(I), 1710(a)(2), 1710(b), and 1712(a)(2)(B) of such title; and
(IV) compensation paid under chapter 11 of title 38, United States Code, at the 100 percent rate based solely on unemployability
and without regard to the fact that the disability or disabilities are not rated as 100 percent disabling under the rating schedule; and
(ix) any housing assistance program administered by the Department of Housing and Urban Development that involves initial and
periodic review of an applicant’s or participant’s income, except that return information may be disclosed under this clause only on written
request by the Secretary of Housing and Urban Development and only for use by officers and employees of the Department of Housing and
Urban Development with respect to applicants for and participants in such programs.
Only return information from returns with respect to net earnings from self-employment and wages may be disclosed under this paragraph for
use with respect to any program described in clause (viii)(IV). Clause (viii) shall not apply after September 30, 2008.
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DRIVER PRIVACY PROTECTION ACT (DPPA)
Under state law, motor vehicle, driver license, and vehicular crash records are subject to public disclosure. The Driver Privacy Protection Act
(DPPA) keeps your personal information private by limiting who has access to the information. (http://www.flhsmv.gov/ddl/DPPAInfo.html)
119.0712 Executive branch agency-specific exemptions from inspection or copying of public records.
(2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.
(a) Personal information contained in a motor vehicle record that identifies an individual is confidential and exempt from s. 119.07(1) and
s. 24(a), Art. I of the State Constitution except as provided in this subsection. Personal information includes, but is not limited to, an individual's
social security number, driver identification number or identification card number, name, address, telephone number, medical or disability
information, and emergency contact information. For purposes of this subsection, personal information does not include information relating to
vehicular crashes, driving violations, and driver's status. For purposes of this subsection, the term "motor vehicle record" means any record that
pertains to a motor vehicle operator's permit, motor vehicle title, motor vehicle registration, or identification card issued by the Department of
Highway Safety and Motor Vehicles.
(b) Personal information contained in motor vehicle records made confidential and exempt by this subsection may be released by the
department for any of the following uses:
1. For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product
alterations, recalls, or advisories; performance monitoring of motor vehicles and dealers by motor vehicle manufacturers; and removal of
nonowner records from the original owner records of motor vehicle manufacturers, to carry out the purposes of Titles I and IV of the Anti Car
Theft Act of 1992, the Automobile Information Disclosure Act (15 U.S.C. ss. 1231 et seq.), the Clean Air Act (42 U.S.C. ss. 7401 et seq.), and
chapters 301, 305, and 321-331 of Title 49, United States Code.
2. For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person
or entity acting on behalf of a federal, state, or local agency in carrying out its functions.
3. For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product
alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts, and dealers; motor vehicle market research
activities, including survey research; and removal of nonowner records from the original owner records of motor vehicle manufacturers.
4. For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only:
a. To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors;
and
b. If such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the
purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.
5. For use in connection with any civil, criminal, administrative, or arbitral proceeding in any court or agency or before any self-regulatory
body for:
a. Service of process by any certified process server, special process server, or other person authorized to serve process in this
state.
b. Investigation in anticipation of litigation by an attorney licensed to practice law in this state or the agent of the attorney; however,
the information may not be used for mass commercial solicitation of clients for litigation against motor vehicle dealers.
c. Investigation by any person in connection with any filed proceeding; however, the information may not be used for mass
commercial solicitation of clients for litigation against motor vehicle dealers.
d. Execution or enforcement of judgments and orders.
e. Compliance with an order of any court.
6. For use in research activities and for use in producing statistical reports, so long as the personal information is not published,
redisclosed, or used to contact individuals.
7. For use 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.
8. For use in providing notice to the owners of towed or impounded vehicles.
9. For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection.
Personal information obtained based on an exempt driver's record may not be provided to a client who cannot demonstrate a need based on a
police report, court order, or business or personal relationship with the subject of the investigation.
10. For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that
is required under 49 U.S.C. ss. 31301 et seq.
11. For use in connection with the operation of private toll transportation facilities.
12. For bulk distribution for surveys, marketing, or solicitations when the department has obtained the express consent of the person to
whom such personal information pertains.
13. For any use if the requesting person demonstrates that he or she has obtained the written consent of the person who is the subject
of the motor vehicle record.
14. For any other use specifically authorized by state law, if such use is related to the operation of a motor vehicle or public safety.
15. For any other use if the person to whom the information pertains has given express consent in a format prescribed by the
department. Such consent shall remain in effect until it is revoked by the person on a form prescribed by the department.
(c) Notwithstanding paragraph (b), without the express consent of the person to whom such information applies, the following information
contained in motor vehicle records may only be released as specified in this paragraph:
1. Social security numbers may be released only as provided in subparagraphs (b)2., 5., 7., and 10.
2. An individual's photograph or image may be released only as provided in s. 322.142.
3. Medical disability information may be released only as provided in ss. 322.125 and 322.126.
4. Emergency contact information may be released only to law enforcement agencies for purposes of contacting those listed in the event
of an emergency.
(d) The restrictions on disclosure of personal information provided by this subsection shall not in any way affect the use of organ donation
information on individual driver licenses or affect the administration of organ donation initiatives in this state.
(e)1. Personal information made confidential and exempt may be disclosed by the Department of Highway Safety and Motor Vehicles to an
individual, firm, corporation, or similar business entity whose primary business interest is to resell or redisclose the personal information to
persons who are authorized to receive such information. Prior to the department's disclosure of personal information, such individual, firm,
corporation, or similar business entity must first enter into a contract with the department regarding the care, custody, and control of the
personal information to ensure compliance with the federal Driver's Privacy Protection Act of 1994 and applicable state laws.
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2. An authorized recipient of personal information contained in a motor vehicle record, except a recipient under subparagraph (b)12.,
may contract with the Department of Highway Safety and Motor Vehicles to resell or redisclose the information for any use permitted under this
section. However, only authorized recipients of personal information under subparagraph (b)12. may resell or redisclose personal information
pursuant to subparagraph (b)12.
3. Any authorized recipient who resells or rediscloses personal information shall maintain, for a period of 5 years, records identifying
each person or entity that receives the personal information and the permitted purpose for which it will be used. Such records shall be made
available for inspection upon request by the department.
(f) The department may adopt rules to carry out the purposes of this subsection and the federal Driver's Privacy Protection Act of 1994,
18 U.S.C. ss. 2721 et seq. Rules adopted by the department may provide for the payment of applicable fees and, prior to the disclosure of
personal information pursuant to this subsection, may require the meeting of conditions by the requesting person for the purposes of obtaining
reasonable assurance concerning the identity of such requesting person, and, to the extent required, assurance that the use will be only as
authorized or that the consent of the person who is the subject of the personal information has been obtained. Such conditions may include, but
need not be limited to, the making and filing of a written application in such form and containing such information and certification requirements
as the department requires.
(g) This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed
October 2, 2012, unless reviewed and saved from repeal through reenactment by the Legislature
