SB 1424                                    First Engrossed (ntc)
       
       
       
       
       
       
       
       
       20131424e1
       
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         338.155, F.S.; clarifying provisions; providing that
    4         personal identifying information about individuals
    5         related to the payment of tolls, which is held by the
    6         Department of Transportation and certain other
    7         entities, is exempt from public records requirements;
    8         providing for future legislative review and repeal of
    9         the exemption under the Open Government Sunset Review
   10         Act; providing legislative findings and a statement of
   11         public necessity; providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (6) of section 338.155, Florida
   16  Statutes, is amended to read:
   17         338.155 Payment of toll on toll facilities required;
   18  exemptions.—
   19         (6)(a) Personal identifying information held by provided
   20  to, acquired by, or in the possession of the Department of
   21  Transportation, a county, or an expressway authority for the
   22  purpose of paying, prepaying, or collecting tolls and associated
   23  administrative charges using a credit card, charge card, or
   24  check for the prepayment of electronic toll facilities charges
   25  to the department, a county, or an expressway authority is
   26  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   27  Constitution.
   28         (b) This subsection is subject to the Open Government
   29  Sunset Review Act in accordance with s. 119.15 and shall stand
   30  repealed on October 2, 2018, unless reviewed and saved from
   31  repeal through reenactment by the Legislature.
   32         Section 2. The Legislature finds that it is a public
   33  necessity to exempt from s. 119.07(1) and s. 24(a), Art. I of
   34  the State Constitution personal identifying information about
   35  individuals which is held by the Department of Transportation, a
   36  county, or an expressway authority in connection with the
   37  payment, prepayment, or collection of tolls. The exemption puts
   38  individuals who pay with the TOLL-BY-PLATE system on equal
   39  footing with those who prepay with a check, charge card, credit
   40  card or pay cash at the toll booth. The exemption also protects
   41  the public by exempting information about an individual’s use of
   42  the toll road system. The exemption promotes the use of the
   43  electronic toll collection system, which is a more efficient and
   44  effective collection system for tolls because the use of the
   45  TOLL-BY-PLATE system or prepaying with a check, charge card, or
   46  credit card saves an individual time in passing through toll
   47  facilities, compared to those who pay cash, and costs less to
   48  administer. The exemption also protects the privacy of
   49  individuals and promotes the right to be free from unreasonable
   50  government intrusion by prohibiting the public disclosure of
   51  private information about an individual’s finances and location.
   52         Section 3. This act shall take effect July 1, 2013.