Florida Senate - 2011                                     SB 172
       
       
       
       By Senator Bennett
       
       
       
       
       21-00284-11                                            2011172__
    1                        A bill to be entitled                      
    2         An act relating to security cameras; reenacting s.
    3         163.31802, F.S., relating to prohibited standards for
    4         security cameras; providing for retroactive operation
    5         of the act; providing for an exception under specified
    6         circumstances; providing an effective date.
    7  
    8         WHEREAS, the Florida Legislature enacted Senate Bill 360 in
    9  2009 for important public policy purposes, and
   10         WHEREAS, litigation has called into question the
   11  constitutional validity of this important piece of legislation,
   12  and
   13         WHEREAS, the Legislature wishes to protect those who relied
   14  on the changes made by Senate Bill 360 and to preserve the
   15  Florida Statutes intact and cure any alleged constitutional
   16  violation, NOW, THEREFORE,
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 163.31802, Florida Statutes, is
   21  reenacted to read:
   22         163.31802 Prohibited standards for security devices.—A
   23  county, municipality, or other entity of local government may
   24  not adopt or maintain in effect an ordinance or rule that
   25  establishes standards for security cameras that require a lawful
   26  business to expend funds to enhance the services or functions
   27  provided by local government unless specifically provided by
   28  general law. Nothing in this section shall be construed to limit
   29  the ability of a county, municipality, airport, seaport, or
   30  other local governmental entity to adopt standards for security
   31  cameras in publicly operated facilities, including standards for
   32  private businesses operating within such public facilities
   33  pursuant to a lease or other contractual arrangement.
   34         Section 2. This act shall take effect upon becoming a law,
   35  and shall operate retroactively to June 1, 2009. If such
   36  retroactive application is held by a court of last resort to be
   37  unconstitutional, this act shall apply prospectively from the
   38  date that this act becomes a law.