Senate Bill sb2292

    Florida Senate - 2006                                  SB 2292

    By Senator Fasano





    11-1304-06

  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from public-records requirements for

  4         fingerprint identification information held by

  5         a state agency; defining the term "fingerprint

  6         identification information"; providing for

  7         future legislative review and repeal of the

  8         exemption under the Open Government Sunset

  9         Review Act; providing a statement of public

10         necessity; providing a contingent effective

11         date.

12  

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

14  

15         Section 1.  (1)  Fingerprint identification information

16  held by a state agency, as defined in s. 120.52, Florida

17  Statutes, before, on, or after July 1, 2006, is exempt from s.

18  119.07(1), Florida Statutes, and s. 24(a), Art. I of the State

19  Constitution. The term "fingerprint identification

20  information" means any record of friction-ridge detail,

21  including, but not limited to, fingerprints, palm prints, and

22  footprints, in whatever form or medium recorded.

23         (2)  Subsection (1) is subject to the Open Government

24  Sunset Review Act in accordance with s. 119.15, Florida

25  Statutes, and shall stand repealed on October 2, 2011, unless

26  reviewed and saved from repeal through reenactment by the

27  Legislature.

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

29  necessity that fingerprint identification information held by

30  a state agency before, on, or after July 1, 2006, be made

31  exempt from public-records requirements. Fingerprint

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






    Florida Senate - 2006                                  SB 2292
    11-1304-06




 1  identification is currently the most widely used means of

 2  verifying identity and of detecting or preventing false claims

 3  of identity. Given existing technological capabilities for

 4  duplication, enhancing, modifying, and transferring records,

 5  the availability of fingerprint identification information,

 6  whether in traditional ink and paper form or when digitized,

 7  creates the opportunity for improper, illegal, or harmful use,

 8  particularly the crime of identity theft. In addition, release

 9  of fingerprint identification information could create

10  opportunities for breaches of security which could result in

11  harm to programs, property, and persons. Thus, the Legislature

12  finds that it is a public necessity to protect fingerprint

13  identification held by a state agency before, on, or after

14  July 1, 2006.

15         Section 3.  This act shall take effect on the same date

16  that Senate Bill 544 or similar legislation takes effect, if

17  such legislation is adopted in the same legislative session,

18  or an extension thereof, and becomes law.

19  

20            *****************************************

21                          SENATE SUMMARY

22    Provides an exemption from public-records requirements
      for fingerprint identification information held by a
23    state agency. Provides for future legislative review and
      repeal of the exemption. Provides a statement of public
24    necessity.

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