Florida Senate - 2012                                    SB 1284
       
       
       
       By Senator Fasano
       
       
       
       
       11-01101A-12                                          20121284__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         338.155, F.S.; revising an exemption from public
    4         records requirements for personal identifying
    5         information provided to, acquired by, or in the
    6         possession of the Department of Transportation, a
    7         county, or an expressway authority for the purpose of
    8         paying, prepaying, or collecting tolls; providing a
    9         finding of public necessity; providing an effective
   10         date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (6) of section 338.155, Florida
   15  Statutes, is amended to read:
   16         338.155 Payment of toll on toll facilities required;
   17  exemptions.—
   18         (6) Personal identifying information, including, but not
   19  limited to, the name, address, credit card or debit number, bank
   20  and account information, or other personal financial
   21  information, provided to, acquired by, or in the possession of
   22  the Department of Transportation, a county, or an expressway
   23  authority for the purpose of paying, prepaying, or collecting
   24  tolls and other amounts due for the use of toll facilities using
   25  a credit card, charge card, or check for the prepayment of
   26  electronic toll facilities charges to the department, a county,
   27  or an expressway authority is exempt from s. 119.07(1) and s.
   28  24(a), Art. I of the State Constitution.
   29         Section 2. The Legislature finds that it is a public
   30  necessity to provide an exemption from s. 119.07(1), Florida
   31  Statutes, and s. 24(a), Article I of the State Constitution for
   32  personal identifying information about individuals, including,
   33  but not limited to, the name, address, credit or debit card
   34  number, bank and account information, or other personal
   35  financial information, which is provided to, acquired by, or in
   36  the possession of the Department of Transportation, a county, or
   37  an expressway authority for the purpose of paying for the use of
   38  toll facilities by any means of payment. The exemption puts
   39  individuals who pay tolls after usage of a toll facility using
   40  video billing on equal footing with individuals who prepay by
   41  check, credit or debit card, or who pay cash at the toll booth.
   42  The exemption protects the health and safety of the public by
   43  keeping confidential information as to the whereabouts of
   44  individuals as they use the toll-collection system. The
   45  exemption promotes the use of the electronic toll-collection
   46  system, which is a more efficient and effective collection
   47  system for tolls, because paying by video billing or prepaying
   48  for tolls by check, debit card, or credit card not only saves an
   49  individual time in passing through the toll facilities, in
   50  comparison with an individual who pays cash, but also costs much
   51  less to administer. Furthermore, the exemption protects the
   52  privacy of an individual and promotes the right to be let alone
   53  from unreasonable governmental intrusion by prohibiting the
   54  public disclosure of private information about the finances and
   55  location of the individual using the toll-collection system.
   56         Section 3. This act shall take effect July 1, 2012.