Florida Senate - 2015                              CS for SB 962
       
       
        
       By the Committee on Community Affairs; and Senator Legg
       
       
       
       
       
       578-02384-15                                           2015962c1
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         190.0121, F.S.; providing an exemption from public
    4         records requirements for certain surveillance
    5         recordings held by a community development district;
    6         providing exceptions; defining the term “resident” of
    7         a community development district; providing for future
    8         legislative review and repeal of the exemption;
    9         providing a statement of public necessity; providing
   10         an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 190.0121, Florida Statutes, is created
   15  to read:
   16         190.0121 Public records exemption; surveillance
   17  recordings.—
   18         (1) A surveillance recording created by monitoring
   19  activities occurring inside or outside a public building or on
   20  public property which is held by a community development
   21  district is confidential and exempt from s. 119.07(1) and s.
   22  24(a), Art. I of the State Constitution.
   23         (2) A community development district may disclose such a
   24  recording:
   25         (a) To a law enforcement agency in the furtherance of the
   26  agency’s official duties and responsibilities;
   27         (b) Pursuant to a court order; or
   28         (c) To a resident of the community development district.
   29  For the purpose of this paragraph, the term “resident” of a
   30  community development district means:
   31         1. A member of the United States Armed Forces who is
   32  stationed in the community development district and his or her
   33  family members residing with such member; or
   34         2. A person who has declared the community development
   35  district as his or her only residence as evidenced by a valid
   36  state driver license or identification card that has both an
   37  address within the community development district and a
   38  residence verified by the Department of Highway Safety and Motor
   39  Vehicles, or, in the absence thereof, one of the following:
   40         a. A current voter information card registered to an
   41  individual with an address within the community development
   42  district;
   43         b. A sworn statement manifesting and evidencing domicile in
   44  the community development district;
   45         c. Proof of a current homestead exemption with an address
   46  in the community development district; or
   47         d. For a child younger than 18 years of age, a student
   48  identification card from a school zoned to include the child of
   49  the community development district or, if accompanied by his or
   50  her parent or guardian at the time, the parent’s proof of
   51  residency within the community development district.
   52         (3) This section is subject to the Open Government Sunset
   53  Review Act in accordance with s. 119.15 and shall stand repealed
   54  on October 2, 2020, unless reviewed and saved from repeal
   55  through reenactment by the Legislature.
   56         Section 2. The Legislature finds that it is a public
   57  necessity that any surveillance recording created by monitoring
   58  activities occurring inside or outside a public building or on
   59  public property which is held by a community development
   60  district be made confidential and exempt from s. 119.07(1),
   61  Florida Statutes, and s. 24(a), Article I of the State
   62  Constitution. Community development districts provide
   63  surveillance of public areas in order to monitor activities
   64  occurring within the districts and to ensure the security of the
   65  district residents. The exemption for surveillance recordings
   66  allows community development districts to effectively and
   67  efficiently provide security and surveillance while maintaining
   68  the privacy of the residents and the guests of the residents,
   69  including those who use community facilities. Without the public
   70  records exemption, coverage and other technical aspects of the
   71  surveillance system would be revealed and would make it easier
   72  for individuals who wish to evade detection by the surveillance
   73  systems to do so. As such, the Legislature finds that it is a
   74  public necessity to prohibit the disclosure of such surveillance
   75  recordings held by a community development district.
   76         Section 3. This act shall take effect July 1, 2015.