ENROLLED 2014 Legislature CS for CS for SB 226 2014226er 1 2 An act relating to public records; creating s. 3 316.0777, F.S.; providing definitions; creating a 4 public records exemption for certain images and data 5 obtained through the use of an automated license plate 6 recognition system and personal identifying 7 information of an individual in data generated from 8 such images; providing conditions for disclosure of 9 such images and information; providing for retroactive 10 application of the public records exemption; providing 11 for future repeal and legislative review of the 12 exemption under the Open Government Sunset Review Act; 13 providing a statement of public necessity; providing 14 an effective 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) “Active,” “criminal intelligence information,” and 24 “criminal investigative information” have the same meanings as 25 provided in s. 119.011(3). 26 (b) “Agency” has the same meaning as provided in s. 27 119.011. 28 (c) “Automated license plate recognition system” means a 29 system of one or more mobile or fixed high-speed cameras 30 combined with computer algorithms to convert images of license 31 plates into computer-readable data. 32 (d) “Criminal justice agency” has the same meaning as 33 provided in s. 119.011. 34 (2) The following information held by an agency is 35 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 36 of the State Constitution: 37 (a) Images and data containing or providing personal 38 identifying information obtained through the use of an automated 39 license plate recognition system. 40 (b) Personal identifying information of an individual in 41 data generated or resulting from images obtained through the use 42 of an automated license plate recognition system. 43 (3) Such information may be disclosed as follows: 44 (a) Any such information may be disclosed by or to a 45 criminal justice agency in the performance of the criminal 46 justice agency’s official duties. 47 (b) Any such information relating to a license plate 48 registered to an individual may be disclosed to the individual, 49 unless such information constitutes active criminal intelligence 50 information or active criminal investigative information. 51 (4) This exemption applies to such information held by an 52 agency before, on, or after the effective date of this 53 exemption. 54 (5) This section is subject to the Open Government Sunset 55 Review Act in accordance with s. 119.15 and shall stand repealed 56 on October 2, 2019, unless reviewed and saved from repeal 57 through reenactment by the Legislature. 58 Section 2. The Legislature finds that it is a public 59 necessity that images and data containing personal identifying 60 information obtained through the use of an automated license 61 plate recognition system held by an agency and personal 62 identifying information in data generated from such images be 63 made confidential and exempt from s. 119.07(1), Florida 64 Statutes, and s. 24(a), Article I of the State Constitution. The 65 exemption protects sensitive personal information that, if 66 released, could be defamatory to an individual or jeopardize the 67 safety of an individual by allowing a third party to track a 68 person’s movements and compile a history on where a person has 69 driven. This exemption is necessary because the public 70 disclosure of such information constitutes an unwarranted 71 invasion into the personal life and privacy of a person. The 72 harm from disclosing such information outweighs any public 73 benefit that can be derived from widespread and unregulated 74 public access to such information. 75 Section 3. This act shall take effect July 1, 2014.