Florida Senate - 2014                                    SB 1218
       
       
        
       By Senator Brandes
       
       
       
       
       
       22-00231-14                                           20141218__
    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 for future legislative review and repeal of
    7         the exemption; providing a statement of public
    8         necessity; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 190.0121, Florida Statutes, is created
   13  to read:
   14         190.0121 Public records exemption; surveillance
   15  recordings.—
   16         (1) A surveillance recording created by monitoring
   17  activities occurring inside or outside of a public building or
   18  on public property which is held by a community development
   19  district is confidential and exempt from s. 119.07(1) and s.
   20  24(a), Art. I of the State Constitution.
   21         (2) A community development district may disclose such a
   22  recording:
   23         (a) To a law enforcement agency in the furtherance of its
   24  official duties and responsibilities; or
   25         (b) Pursuant to a court order.
   26         (3) This section is subject to the Open Government Sunset
   27  Review Act in accordance with s. 119.15 and shall stand repealed
   28  on October 2, 2019, unless reviewed and saved from repeal
   29  through reenactment by the Legislature.
   30         Section 2. The Legislature finds that it is a public
   31  necessity that any surveillance recording created by monitoring
   32  activities occurring inside or outside of a public building or
   33  on public property which is held by a community development
   34  district be made confidential and exempt from s. 119.07(1),
   35  Florida Statutes, and s. 24(a), Article I of the State
   36  Constitution. Community development districts provide
   37  surveillance of public areas in order to monitor activities
   38  occurring within the district and to ensure the security of the
   39  residents. The exemption for surveillance recordings allows
   40  community development districts to effectively and efficiently
   41  provide security and surveillance while maintaining the privacy
   42  of the residents and the guests of the residents, including
   43  those who use community facilities. Without the public records
   44  exemption, coverage and other technical aspects of the
   45  surveillance system would be revealed and would make it easier
   46  for individuals who wish to evade detection by the surveillance
   47  systems to do so. As such, the Legislature finds that it is a
   48  public necessity to prohibit the disclosure of such surveillance
   49  recordings held by a community development district.
   50         Section 3. This act shall take effect July 1, 2014.