District Court of Appeal of Florida

Dismissal of a complaint asserting violations of the state and federal constitutions and the Driver's Privacy Protection Act (DPPA) by defendant-agency's taking of personal information required of plaintiffs in order to obtain driver licenses and motor vehicle registrations, reformatting it into customized mailing lists, and selling it to third parties, is affirmed where: 1) there was no taking; 2) 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; and 3) a claim for declaratory and injunctive relief was insufficient.

Appellate Information

• Decided 12/06/2006
• Published 12/06/2006

Judges

• LEWIS, TERRY P., Associate Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• 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.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and Jason Vail, Assistant Attorney General, Tallahassee, for appellee.