Florida Senate - 2014                              CS for SB 226
       
       
        
       By the Committee on Transportation; and Senator Brandes
       
       
       
       
       
       596-00988A-14                                          2014226c1
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         316.0777, F.S.; providing definitions; creating a
    4         public records exemption for images obtained through
    5         the use of an automated license plate recognition
    6         system and personal identifying information of an
    7         individual in data generated from such images;
    8         providing conditions for disclosure of such images and
    9         information; providing for retroactive application of
   10         the public records exemption; providing for future
   11         repeal and legislative review of the exemption under
   12         the Open Government Sunset Review Act; providing a
   13         statement of public necessity; providing an effective
   14         date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 316.0777, Florida Statutes, is created
   19  to read:
   20         316.0777 Automated license plate recognition systems;
   21  public records exemption.—
   22         (1) As used in this section, the term:
   23         (a) “Agency” has the same meaning as in s. 119.011.
   24         (b) “Automated license plate recognition system” means a
   25  system of one or more mobile or fixed high-speed cameras
   26  combined with computer algorithms to convert images of license
   27  plates into computer-readable data.
   28         (2) The following information held by an agency is
   29  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   30  of the State Constitution:
   31         (a) Images obtained through the use of an automated license
   32  plate recognition system.
   33         (b) Personal identifying information of an individual in
   34  data generated or resulting from images obtained through the use
   35  of an automated license plate recognition system.
   36         (3) Such information may be disclosed as follows:
   37         (a) Any such information may be disclosed by or to a
   38  criminal justice agency, as defined in s. 119.011(4), in the
   39  performance of a criminal justice agency’s official duties.
   40         (b) Any such information relating to a license plate
   41  registered to an individual may be disclosed to the individual,
   42  unless such information constitutes active criminal intelligence
   43  information or active criminal investigative information, as
   44  defined in s. 119.011(3).
   45         (4) This exemption applies to such information held by an
   46  agency before, on, or after the effective date of this
   47  exemption.
   48         (5) This section is subject to the Open Government Sunset
   49  Review Act in accordance with s. 119.15 and shall stand repealed
   50  on October 2, 2019, unless reviewed and saved from repeal
   51  through reenactment by the Legislature.
   52         Section 2. The Legislature finds that it is a public
   53  necessity that images obtained through the use of an automated
   54  license plate recognition system held by an agency and personal
   55  identifying information in data generated from such images be
   56  confidential and exempt from public records requirements. The
   57  release of such images and data gathered through automated
   58  license plate recognition systems could enable a third party to
   59  track a person’s movements and compile a history on where a
   60  person has driven. This exemption is necessary because the
   61  public disclosure of such information constitutes an unwarranted
   62  invasion into the personal life and privacy of a person. The
   63  harm from disclosing such information outweighs any public
   64  benefit that can be derived from widespread and unregulated
   65  public access to such information.
   66         Section 3. This act shall take effect July 1, 2014.