House Bill hb1437c1

    Florida House of Representatives - 2001             CS/HB 1437

        By the Council for Ready Infrastructure and Representative
    Ball





  1                      A bill to be entitled

  2         An act relating to public records exemptions;

  3         amending s. 119.07, F.S.; providing an

  4         exemption from public records requirements for

  5         technical information pertaining to trunking

  6         radio communication systems and mobile data

  7         communications systems used by governmental

  8         agencies; providing for future review and

  9         repeal; providing legislative findings of

10         public necessity; providing an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Paragraph (dd) is added to subsection (3)

15  of section 119.07, Florida Statutes, to read:

16         119.07  Inspection, examination, and duplication of

17  records; exemptions.--

18         (3)

19         (dd)  Technical information pertaining to trunking

20  radio communications systems and mobile data communications

21  systems used by state, county, and municipal government

22  agencies, including, but not limited to, law enforcement

23  agencies, fire departments, emergency medical services,

24  government administration, school districts, water management

25  districts, and emergency management agencies, which would

26  allow unauthorized individuals to gain transmit access on such

27  systems or provide the ability to monitor encrypted or

28  privileged communications by officers or employees of such

29  agencies is exempt from the provisions of subsection (1) and

30  s. 24(a), Art. I of the State Constitution. "Technical

31  information" means system trunking format data, mobile data

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001             CS/HB 1437

    401-105-01






  1  terminal information, coded radio identification information,

  2  information pertaining to internal system structuring

  3  (agency/fleet/subfleet structure and identification data),

  4  system keys, encryption codes used to facilitate secure

  5  communications, and control channel data format information.

  6  This paragraph is subject to the Open Government Sunset Review

  7  Act of 1995 in accordance with s. 119.15, and shall stand

  8  repealed on October 2, 2006, unless reviewed and saved from

  9  repeal through reenactment by the Legislature.

10         Section 2.  The Legislature finds that it is a public

11  necessity that technical information pertaining to trunking

12  radio communications systems and mobile data communications

13  systems used by state, county, and municipal government

14  agencies be made exempt from public disclosure as provided in

15  s. 119.07(3)(dd), Florida Statutes. The Legislature further

16  finds that disclosure of such technical information involves

17  risks that communications carried on such systems could be

18  intercepted by persons who wish to use such technical

19  information so obtained for the purpose of facilitating the

20  commission of, or escaping detection and apprehension

21  following commission of, crimes and in hindering or

22  interrupting essential governmental services.

23         Section 3.  This act shall take effect upon becoming a

24  law.

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CODING: Words stricken are deletions; words underlined are additions.