Florida Senate - 2013                                    SB 1424
       
       
       
       By Senator Evers
       
       
       
       
       2-01584-13                                            20131424__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         338.155, F.S.; clarifying provisions; providing that
    4         personal identifying information about individuals
    5         related to the payment of tolls, which is held by the
    6         Department of Transportation and certain other
    7         entities, is exempt from public records requirements;
    8         providing for future legislative review and repeal of
    9         the exemption under the Open Government Sunset Review
   10         Act; providing legislative findings and a statement of
   11         public necessity; providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (6) of section 338.155, Florida
   16  Statutes, is amended to read:
   17         338.155 Payment of toll on toll facilities required;
   18  exemptions.—
   19         (6)(a) Personal identifying information of drivers who use
   20  toll facilities in this state which is held by provided to,
   21  acquired by, or in the possession of the Department of
   22  Transportation, a county, or an expressway authority for the
   23  purpose of paying, prepaying, or collecting tolls and associated
   24  administrative charges using a credit card, charge card, or
   25  check for the prepayment of electronic toll facilities charges
   26  to the department, a county, or an expressway authority is
   27  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   28  Constitution.
   29         (b) This subsection is subject to the Open Government
   30  Sunset Review Act in accordance with s. 119.15 and shall stand
   31  repealed on October 2, 2018, unless reviewed and saved from
   32  repeal through reenactment by the Legislature.
   33         Section 2. The Legislature finds that it is a public
   34  necessity to exempt from s. 119.07(1) and s. 24(a), Art. I of
   35  the State Constitution personal identifying information about
   36  individuals which is held by the Department of Transportation, a
   37  county, or an expressway authority in connection with the
   38  payment, prepayment, or collection of tolls. The exemption puts
   39  individuals who pay with the TOLL-BY-PLATE system on equal
   40  footing with those who prepay with a check, charge card, credit
   41  card or pay cash at the toll booth. The exemption also protects
   42  the public by exempting information about an individual’s use of
   43  the toll road system. The exemption promotes the use of the
   44  electronic toll collection system, which is a more efficient and
   45  effective collection system for tolls because the use of the
   46  TOLL-BY-PLATE system or prepaying with a check, charge card, or
   47  credit card saves an individual time in passing through toll
   48  facilities, compared to those who pay cash, and costs less to
   49  administer. The exemption also protects the privacy of
   50  individuals and promotes the right to be free from unreasonable
   51  government intrusion by prohibiting the public disclosure of
   52  private information about an individual’s finances and location.
   53         Section 3. This act shall take effect July 1, 2013.