| 1 | A bill to be entitled |
| 2 | An act relating to public records; amending s. 943.05, |
| 3 | F.S.; exempting from public records requirements |
| 4 | fingerprint identification information held by an agency |
| 5 | before, on, or after the effective date of the exemption; |
| 6 | providing for future legislative review and repeal; |
| 7 | providing a finding of public necessity; providing an |
| 8 | effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Subsection (3) is added to section 943.05, |
| 13 | Florida Statutes, to read: |
| 14 | 943.05 Criminal Justice Information Program; duties; crime |
| 15 | reports.-- |
| 16 | (3)(a) Fingerprint identification information held by an |
| 17 | agency before, on, or after the effective date of this exemption |
| 18 | is exempt from s. 119.071(1) and s. 24(a), Art. I of the State |
| 19 | Constitution. For purposes of this subsection, the term |
| 20 | "fingerprint identification information" means any record of |
| 21 | friction ridge detail, including, but not limited to, |
| 22 | fingerprints, palm prints, and footprints, in whatever form or |
| 23 | medium recorded. |
| 24 | (b) This subsection is subject to the Open Government |
| 25 | Sunset Review Act in accordance with s. 119.15 and shall stand |
| 26 | repealed on October 2, 2011, unless reviewed and saved from |
| 27 | repeal through reenactment by the Legislature. |
| 28 | Section 2. The Legislature finds that it is a public |
| 29 | necessity that fingerprint identification information held by an |
| 30 | agency before, on, or after the effective date of this exemption |
| 31 | be made exempt from public records requirements. Fingerprint |
| 32 | identification is currently the most widely used ultimate means |
| 33 | of verifying identity and of detecting or preventing false |
| 34 | claims of identity. Given existing technological capabilities |
| 35 | for duplicating, enhancing, modifying, and transferring records, |
| 36 | the availability of fingerprint identification information, |
| 37 | whether in traditional ink and paper form or when digitized, |
| 38 | creates the opportunity for improper, illegal, or harmful use, |
| 39 | particularly the crime of identify theft. In addition, release |
| 40 | of fingerprint identification information could create |
| 41 | opportunities for breach of security, which could result in harm |
| 42 | to programs, property, and persons. Thus, the Legislature finds |
| 43 | that it is a public necessity to protect fingerprint |
| 44 | identification information held by an agency before, on, or |
| 45 | after the effective date of this act. |
| 46 | Section 3. This act shall take effect July 1, 2006, if |
| 47 | House Bill 151, or similar legislation relating to fingerprint |
| 48 | identification information held by an agency, is adopted in the |
| 49 | same legislative session or an extension thereof and becomes |
| 50 | law. |