Florida Senate - 2014                                    SB 1476
       
       
        
       By Senator Evers
       
       
       
       
       
       2-00632-14                                            20141476__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         316.0777, F.S.; providing a public records exemption
    4         for images obtained through use of an automated
    5         traffic law enforcement system; providing for future
    6         legislative review and repeal of the exemption;
    7         providing a statement of public necessity; providing a
    8         contingent effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 316.0777, Florida Statutes, is created
   13  to read:
   14         316.0777 Recorded images made by an automated traffic law
   15  enforcement system; public records exemption.—Recorded images
   16  made by an automated traffic law enforcement system are
   17  confidential and shall be made available only to the alleged
   18  violator and governmental and law enforcement agencies for
   19  purposes of adjudicating a violation of law, for statistical
   20  purposes, or for other governmental purposes. A recorded image
   21  evidencing a violation of law may be admissible in a proceeding
   22  resulting from the issuance of a citation. This section is
   23  subject to the Open Government Sunset Review Act in accordance
   24  with s. 119.15 and is repealed on October 2, 2019, unless
   25  reviewed and saved from repeal through reenactment by the
   26  Legislature.
   27         Section 2. The Legislature finds that it is a public
   28  necessity that images obtained through the use of an automated
   29  traffic law enforcement system be made confidential and exempt
   30  from public records requirements. The release of such images
   31  held by an agency and personal identifying information in data
   32  generated from such images could enable a third party to track a
   33  person’s movements and compile a history on where a person has
   34  driven. This exemption is necessary because the public
   35  disclosure of such information constitutes an unwarranted
   36  invasion into the personal life and privacy of a person. The
   37  harm from disclosing such information outweighs the public
   38  benefit that can be derived from widespread and unregulated
   39  public access to such information.
   40         Section 3. This act shall take effect on the same date that
   41  SB ____ or similar legislation takes effect, if such legislation
   42  is adopted in the same legislative session or an extension
   43  thereof and becomes a law.