Senate Bill sb1762c1

    Florida Senate - 2001                           CS for SB 1762

    By the Committee on Governmental Oversight and Productivity;
    and Senator Posey




    302-1894-01

  1                      A bill to be entitled

  2         An act relating to public records exemptions;

  3         amending s. 119.07, F.S.; exempting from

  4         disclosure technical information pertaining to

  5         trunking radio communication systems and mobile

  6         data communications systems used by

  7         governmental agencies; providing legislative

  8         findings of public necessity; providing an

  9         effective date.

10

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

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

14  of section 119.07, Florida Statutes, to read:

15         119.07  Inspection, examination, and duplication of

16  records; exemptions.--

17         (3)

18         (dd)  Technical information pertaining to trunking

19  radio communications systems and mobile data communications

20  systems used by state, county, and municipal government

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

22  agencies, fire departments, emergency medical services,

23  government administration, school districts, water management

24  districts, and emergency management agencies, which would

25  allow unauthorized individuals to gain transmit access on such

26  systems or provide the ability to monitor encrypted or

27  privileged communications by officers or employees of such

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

29  s. 24(a), Art. I of the State Constitution. As used in this

30  paragraph, the term "technical information" means system

31  trunking format data, mobile data terminal information, coded

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






    Florida Senate - 2001                           CS for SB 1762
    302-1894-01




  1  radio identification information, information pertaining to

  2  internal system structuring (agency/fleet/subfleet structure

  3  and identification data), system keys, encryption codes used

  4  to facilitate secure communications, and control channel data

  5  format information.

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

  7  necessity that technical information pertaining to trunking

  8  radio communications systems and mobile data communications

  9  systems used by state, county, and municipal government

10  agencies be made exempt from public disclosure. The

11  Legislature further finds that disclosure of such technical

12  information involves risks that communications carried on such

13  systems could be intercepted by persons who wish to use

14  information so obtained for the purpose of facilitating the

15  commission of, or escaping detection and apprehension

16  following commission of, crimes and in hindering or

17  interrupting essential governmental services.

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

19  law.

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21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                             SB 1762

23

24  Clarifies and narrows the scope of the exemption.

25  Clarifies and explicates the statement of public necessity by
    providing that trunking systems are used by state, county and
26  municipal governmental agencies.

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