Florida Senate - 2014                                     SB 616
       
       
        
       By Senator Evers
       
       
       
       
       
       2-00358A-14                                            2014616__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         338.155, F.S.; providing an exemption from public
    4         records requirements for personal identifying
    5         information held by the Department of Transportation,
    6         a county, a municipality, or an expressway authority
    7         for the purpose of paying, prepaying, or collecting
    8         tolls and associated administrative charges for the
    9         use of toll facilities; providing for future
   10         legislative review and repeal of the exemption under
   11         the Open Government Sunset Review Act; providing a
   12         statement of public necessity; providing an effective
   13         date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (6) of section 338.155, Florida
   18  Statutes, is amended to read:
   19         338.155 Payment of toll on toll facilities required;
   20  exemptions.—
   21         (6) Personal identifying information held by provided to,
   22  acquired by, or in the possession of the Department of
   23  Transportation, a county, a municipality, or an expressway
   24  authority for the purpose of paying, prepaying, or collecting
   25  tolls and associated administrative charges for the use of using
   26  a credit card, charge card, or check for the prepayment of
   27  electronic toll facilities charges to the department, a county,
   28  or an expressway authority is exempt from s. 119.07(1) and s.
   29  24(a), Art. I of the State Constitution. This subsection is
   30  subject to the Open Government Sunset Review Act in accordance
   31  with s. 119.15 and shall stand repealed on October 2, 2019,
   32  unless reviewed and saved from repeal through reenactment by the
   33  Legislature.
   34         Section 2. The Legislature finds that it is a public
   35  necessity to exempt from s. 119.07(1), Florida Statutes, and s.
   36  24(a), Article I of the State Constitution, personal identifying
   37  information of individuals held by the Department of
   38  Transportation, a county, a municipality, or an expressway
   39  authority for the purpose of paying, prepaying, or collecting
   40  tolls and associated administrative charges for the use of toll
   41  facilities. The exemption puts individuals who pay for tolls by
   42  TOLL-BY-PLATE, which uses photographic images of the vehicle
   43  license plate for billing purposes, on equal footing with
   44  individuals who prepay for tolls by check, debit card, or credit
   45  card, or who pay for tolls with cash at the toll booth. The
   46  exemption protects the health and safety of the public by making
   47  exempt information regarding the location, travel patterns, and
   48  travel activity of individuals who use the toll road system. The
   49  exemption protects the anonymity of all individuals on toll
   50  roads, not just cash customers, regardless of the method they
   51  use to pay tolls. The exemption also thereby promotes the use of
   52  the more efficient and effective electronic toll collection
   53  system, since paying for tolls by TOLL-BY-PLATE or prepaying for
   54  tolls by check, debit card, or credit card not only saves
   55  individuals time when passing through the toll facilities,
   56  compared to individuals who pay for tolls with cash, but also
   57  costs much less for the state to administer. Further, the
   58  exemption protects an individual’s right to privacy by
   59  prohibiting the public disclosure of private information about
   60  the finances and location of an individual using the toll road
   61  system.
   62         Section 3. This act shall take effect upon becoming a law.