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   38  Review Act in accordance with s. 119.15 and shall stand repealed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.