HB 93

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 of
5	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.

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