Florida Senate - 2014                       CS for CS for SB 226
       By the Committees on Governmental Oversight and Accountability;
       and Transportation; and Senator Brandes
       585-02892-14                                           2014226c2
    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 certain images and data
    5         obtained through the use of an automated license plate
    6         recognition system and personal identifying
    7         information of an individual in data generated from
    8         such images; providing conditions for disclosure of
    9         such images and information; providing for retroactive
   10         application of the public records exemption; providing
   11         for future repeal and legislative review of the
   12         exemption under the Open Government Sunset Review Act;
   13         providing a statement of public necessity; providing
   14         an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Section 316.0777, Florida Statutes, is created
   19  to read:
   20         316.0777Automated license plate recognition systems;
   21  public records exemption.—
   22         (1) As used in this section, the term:
   23         (a) “Active,” “criminal intelligence information,” and
   24  “criminal investigative information” have the same meanings as
   25  provided in s. 119.011(3).
   26         (b) “Agency” has the same meaning as provided in s.
   27  119.011.
   28         (c) “Automated license plate recognition system” means a
   29  system of one or more mobile or fixed high-speed cameras
   30  combined with computer algorithms to convert images of license
   31  plates into computer-readable data.
   32         (d) “Criminal justice agency” has the same meaning as
   33  provided in s. 119.011.
   34         (2) The following information held by an agency is
   35  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   36  of the State Constitution:
   37         (a) Images and data containing or providing personal
   38  identifying information obtained through the use of an automated
   39  license plate recognition system.
   40         (b) Personal identifying information of an individual in
   41  data generated or resulting from images obtained through the use
   42  of an automated license plate recognition system.
   43         (3) Such information may be disclosed as follows:
   44         (a) Any such information may be disclosed by or to a
   45  criminal justice agency in the performance of the criminal
   46  justice agency’s official duties.
   47         (b) Any such information relating to a license plate
   48  registered to an individual may be disclosed to the individual,
   49  unless such information constitutes active criminal intelligence
   50  information or active criminal investigative information.
   51         (4) This exemption applies to such information held by an
   52  agency before, on, or after the effective date of this
   53  exemption.
   54         (5) This section is subject to the Open Government Sunset
   55  Review Act in accordance with s. 119.15 and shall stand repealed
   56  on October 2, 2019, unless reviewed and saved from repeal
   57  through reenactment by the Legislature.
   58         Section 2. The Legislature finds that it is a public
   59  necessity that images and data containing personal identifying
   60  information obtained through the use of an automated license
   61  plate recognition system held by an agency and personal
   62  identifying information in data generated from such images be
   63  made confidential and exempt from s. 119.07(1), Florida
   64  Statutes, and s. 24(a), Article I of the State Constitution. The
   65  exemption protects sensitive personal information that, if
   66  released, could be defamatory to an individual or jeopardize the
   67  safety of an individual by allowing a third party to track a
   68  person’s movements and compile a history on where a person has
   69  driven. This exemption is necessary because the public
   70  disclosure of such information constitutes an unwarranted
   71  invasion into the personal life and privacy of a person. The
   72  harm from disclosing such information outweighs any public
   73  benefit that can be derived from widespread and unregulated
   74  public access to such information.
   75         Section 3. This act shall take effect July 1, 2014.