Florida Senate - 2012 SB 1284 By Senator Fasano 11-01101A-12 20121284__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 338.155, F.S.; revising an exemption from public 4 records requirements for personal identifying 5 information provided to, acquired by, or in the 6 possession of the Department of Transportation, a 7 county, or an expressway authority for the purpose of 8 paying, prepaying, or collecting tolls; providing a 9 finding of public necessity; providing an effective 10 date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Subsection (6) of section 338.155, Florida 15 Statutes, is amended to read: 16 338.155 Payment of toll on toll facilities required; 17 exemptions.— 18 (6) Personal identifying information, including, but not 19 limited to, the name, address, credit card or debit number, bank 20 and account information, or other personal financial 21 information, provided to, acquired by, or in the possession of 22 the Department of Transportation, a county, or an expressway 23 authority for the purpose of paying, prepaying, or collecting 24 tolls and other amounts due for the use of toll facilitiesusing25a credit card, charge card, or check forthe prepayment of26electronic toll facilities charges to the department, a county,27or an expressway authorityis exempt from s. 119.07(1) and s. 28 24(a), Art. I of the State Constitution. 29 Section 2. The Legislature finds that it is a public 30 necessity to provide an exemption from s. 119.07(1), Florida 31 Statutes, and s. 24(a), Article I of the State Constitution for 32 personal identifying information about individuals, including, 33 but not limited to, the name, address, credit or debit card 34 number, bank and account information, or other personal 35 financial information, which is provided to, acquired by, or in 36 the possession of the Department of Transportation, a county, or 37 an expressway authority for the purpose of paying for the use of 38 toll facilities by any means of payment. The exemption puts 39 individuals who pay tolls after usage of a toll facility using 40 video billing on equal footing with individuals who prepay by 41 check, credit or debit card, or who pay cash at the toll booth. 42 The exemption protects the health and safety of the public by 43 keeping confidential information as to the whereabouts of 44 individuals as they use the toll-collection system. The 45 exemption promotes the use of the electronic toll-collection 46 system, which is a more efficient and effective collection 47 system for tolls, because paying by video billing or prepaying 48 for tolls by check, debit card, or credit card not only saves an 49 individual time in passing through the toll facilities, in 50 comparison with an individual who pays cash, but also costs much 51 less to administer. Furthermore, the exemption protects the 52 privacy of an individual and promotes the right to be let alone 53 from unreasonable governmental intrusion by prohibiting the 54 public disclosure of private information about the finances and 55 location of the individual using the toll-collection system. 56 Section 3. This act shall take effect July 1, 2012.