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SLIP OPINION



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AG number: 12008Style: Collier, et al., v. Department of Highway Safety and Motor Vehicles
Jurisdiction: 4th DCADate issued: December 6, 2006
Original file, if available:12008.wpd

AG HEADNOTE


State’s sale of driver’s license information
A trial court correctly rejected a lawsuit that claimed the state took personal driver’s license information and improperly sold it to third parties in violation of the federal Driver’s Privacy Protection Act, the 4th DCA said.
The court held that the Act does not confer a private right of action for individuals to seek relief against the state or its agencies, and rejected a takings claim in which the plaintiffs asserted that the state’s sale of the information amounted to a taking of private property. The Department of Highway Safety and Motor Vehicles argued that the plaintiffs had no protected privacy interest in information that was a public record, and the DCA affirmed the trial court’s motion dismissing the complaint.
“(A)s to the taking claim, at most what was alleged was a regulatory taking and since appellants did not and could not allege that such action deprived them of all or substantially all of the beneficial use of the purported property, there was no taking,” the DCA said.



District Court Of Appeal Of The State Of Florida
Fourth District
July Term 2006

MARY ANN COLLIER, ROY McGOLDRICK and ROBERT PINO,
Appellants,

v.

STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,
Appellee.

No. 4D05-4068

[ December 6, 2006 ]

Lewis, Terry P., Associate Judge.
Appellants appeal the trial court’s dismissal of their amended complaint. They had alleged that the Department was taking personal information required of them in order to obtain driver licenses and motor vehicle registrations, reformatting it into customized mailing lists, and selling it to third parties. This, they asserted, violated the Driver’s Privacy Protection Act (DPPA), 18 U.S.C. Section 2721 et seq., and Article I, Section 23 of the Florida Constitution, and amounted to a taking of private property within the meaning of Article X, Section 6(a) of the Florida Constitution and Amendment V of the U.S. Constitution. They sought declaratory and injunctive relief.
The Department argued in its motion to dismiss that the takings claim was not viable because the information provided by appellants was not property, and that, even if it was, appellants were not deprived of substantially all of its beneficial use; that the DPPA, by its terms, could not be enforced by a private individual against the State; and that furthermore, appellants had no protected privacy interest in information that was a public record.
The trial court granted the motion, reasoning that, as to the taking claim, at most what was alleged was a regulatory taking and since appellants did not and could not allege that such action deprived them of all or substantially all of the beneficial use of the purported property, there was no taking. The court agreed with the Department that the DPPA does not confer a private right of action to seek declaratory relief or to enforce the act against the State or its agencies. The trial court also ruled that the claim for declaratory and injunctive relief relative to section 119.07(6)(aa)12., Florida Statutes (2004), which conformed Florida law to DPPA, was insufficient because there was no allegation that the Department was failing to comply with the statute as amended. We find no error in the trial court’s findings and conclusions and therefore affirm.
Affirmed.
Farmer and Shahood, JJ., concur.
* * *
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Patti Englander Henning, Judge; L.T. Case No. 03-11264 (03).

Joel S. Perwin of Joel S. Perwin, P.A., Miami, Tod Aronovitz and Steven Jaffe of Aronovitz Trial Lawyers, Miami, Welch & Finkel, Pompano Beach, and John W. Devine and Lawrence D. Goodman of Devine Goodman Pallot & Wells, P.A., Miami, for appellants.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jason Vail, Assistant Attorney General, Tallahassee, for appellee.

Not final until disposition of timely filed motion for rehearing.
 
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