Florida Senate - 2014 SB 226 By Senator Brandes 22-00211A-14 2014226__ 1 A bill to be entitled 2 An act relating to public records; creating s. 3 316.0777, F.S.; providing definitions; creating a 4 public records exemption for images obtained through 5 the use of an automated license plate recognition 6 system and personal identifying information of an 7 individual in data generated from such images; 8 providing for retroactive application of the public 9 records exemption; providing for future repeal and 10 legislative review of the exemption under the Open 11 Government Sunset Review Act; providing a statement of 12 public necessity; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Section 316.0777, Florida Statutes, is created 17 to read: 18 316.0777 Automated license plate recognition systems; 19 public records exemption.— 20 (1) As used in this section, the term: 21 (a) “Agency” has the same meaning as in s. 119.011. 22 (b) “Automated license plate recognition system” means a 23 system of one or more mobile or fixed high-speed cameras 24 combined with computer algorithms to convert images of license 25 plates into computer-readable data. 26 (2) The following information held by an agency is exempt 27 from s. 119.07(1) and s. 24(a), Art. I of the State 28 Constitution: 29 (a) Images obtained through the use of an automated license 30 plate recognition system. 31 (b) Personal identifying information of an individual in 32 data generated from images obtained through the use of an 33 automated license plate recognition system. 34 (3) This exemption applies to such information held by an 35 agency before, on, or after the effective date of this 36 exemption. 37 (4) This section is subject to the Open Government Sunset 38 Review Act in accordance with s. 119.15 and shall stand repealed 39 on October 2, 2019, unless reviewed and saved from repeal 40 through reenactment by the Legislature. 41 Section 2. The Legislature finds that it is a public 42 necessity that images obtained through the use of an automated 43 license plate recognition system held by an agency and personal 44 identifying information in data generated from such images be 45 exempt from public records requirements. The release of such 46 images and data gathered through automated license plate 47 recognition systems could enable a third party to track a 48 person’s movements and compile a history on where a person has 49 driven. This exemption is necessary because the public 50 disclosure of such information constitutes an unwarranted 51 invasion into the personal life and privacy of a person. The 52 harm from disclosing such information outweighs any public 53 benefit that can be derived from widespread and unregulated 54 public access to such information. 55 Section 3. This act shall take effect July 1, 2014.