Florida Senate - 2014 CS for SB 226 By the Committee on Transportation; and Senator Brandes 596-00988A-14 2014226c1 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 conditions for disclosure of such images and 9 information; providing for retroactive application of 10 the public records exemption; providing for future 11 repeal and legislative review of the exemption under 12 the Open Government Sunset Review Act; providing a 13 statement of public necessity; providing an effective 14 date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Section 316.0777, Florida Statutes, is created 19 to read: 20 316.0777 Automated license plate recognition systems; 21 public records exemption.— 22 (1) As used in this section, the term: 23 (a) “Agency” has the same meaning as in s. 119.011. 24 (b) “Automated license plate recognition system” means a 25 system of one or more mobile or fixed high-speed cameras 26 combined with computer algorithms to convert images of license 27 plates into computer-readable data. 28 (2) The following information held by an agency is 29 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 30 of the State Constitution: 31 (a) Images obtained through the use of an automated license 32 plate recognition system. 33 (b) Personal identifying information of an individual in 34 data generated or resulting from images obtained through the use 35 of an automated license plate recognition system. 36 (3) Such information may be disclosed as follows: 37 (a) Any such information may be disclosed by or to a 38 criminal justice agency, as defined in s. 119.011(4), in the 39 performance of a criminal justice agency’s official duties. 40 (b) Any such information relating to a license plate 41 registered to an individual may be disclosed to the individual, 42 unless such information constitutes active criminal intelligence 43 information or active criminal investigative information, as 44 defined in s. 119.011(3). 45 (4) This exemption applies to such information held by an 46 agency before, on, or after the effective date of this 47 exemption. 48 (5) This section is subject to the Open Government Sunset 49 Review Act in accordance with s. 119.15 and shall stand repealed 50 on October 2, 2019, unless reviewed and saved from repeal 51 through reenactment by the Legislature. 52 Section 2. The Legislature finds that it is a public 53 necessity that images obtained through the use of an automated 54 license plate recognition system held by an agency and personal 55 identifying information in data generated from such images be 56 confidential and exempt from public records requirements. The 57 release of such images and data gathered through automated 58 license plate recognition systems could enable a third party to 59 track a person’s movements and compile a history on where a 60 person has driven. This exemption is necessary because the 61 public disclosure of such information constitutes an unwarranted 62 invasion into the personal life and privacy of a person. The 63 harm from disclosing such information outweighs any public 64 benefit that can be derived from widespread and unregulated 65 public access to such information. 66 Section 3. This act shall take effect July 1, 2014.