| 1 | A bill to be entitled |
| 2 | An act relating to public records; amending s. 119.071, |
| 3 | F.S.; providing exemptions from the public records law for |
| 4 | personal identifying information held by a public transit |
| 5 | provider and used to facilitate the purchase of prepaid |
| 6 | fare cards and for information indicating the location or |
| 7 | travel patterns of persons using fare cards; providing for |
| 8 | future repeal and legislative review of the exemptions |
| 9 | under the Open Government Sunset Review Act; providing a |
| 10 | statement of public necessity; providing an effective |
| 11 | date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Present paragraph (i) of subsection (5) of |
| 16 | section 119.071, Florida Statutes, is redesignated as paragraph |
| 17 | (j), and a new paragraph (i) is added to that subsection, to |
| 18 | read: |
| 19 | 119.071 General exemptions from inspection or copying of |
| 20 | public records.- |
| 21 | (5) OTHER PERSONAL INFORMATION.- |
| 22 | (i)1. Personal identifying information that is provided |
| 23 | to, acquired by, or in the possession of a public transit |
| 24 | provider, as defined in s. 341.031, for the purpose of prepaying |
| 25 | transit fares or acquiring a prepaid transit fare card or |
| 26 | similar device, and information that indicates the location, |
| 27 | whereabouts, or travel patterns of a person using a prepaid |
| 28 | transit fare card or similar device, are confidential and exempt |
| 29 | from s. 119.07(1) and s. 24(a), Art. I of the State |
| 30 | Constitution. |
| 31 | 2. This paragraph is subject to the Open Government Sunset |
| 32 | Review Act in accordance with s. 119.15, and shall stand |
| 33 | repealed on October 2, 2015, unless reviewed and saved from |
| 34 | repeal through reenactment by the Legislature. |
| 35 | Section 2. The Legislature finds that it is a public |
| 36 | necessity that personal identifying information held by a public |
| 37 | transit provider for the purpose of facilitating the prepayment |
| 38 | of transit fares be made confidential and exempt from public |
| 39 | records requirements in order to protect the privacy of the |
| 40 | public. The exemption puts individuals who prepay transit fares |
| 41 | using a prepaid transit fare card on an equal footing with those |
| 42 | who pay cash. Allowing individuals to use a prepaid transit fare |
| 43 | card is a more efficient and effective system for collecting |
| 44 | transit fares, and not only saves individuals time in accessing |
| 45 | the transit system in comparison with individuals who pay cash, |
| 46 | but also costs significantly less to administer. The Legislature |
| 47 | also finds that it is a public necessity that information that |
| 48 | indicates the location or travel patterns of persons using |
| 49 | transit fare cards or similar devices be made confidential and |
| 50 | exempt from public records requirements in order to protect the |
| 51 | privacy of individuals and promote the right of individuals to |
| 52 | be let alone from unreasonable governmental intrusion. |
| 53 | Section 3. This act shall take effect July 1, 2010. |