Florida Senate - 2015 CS for SB 962 By the Committee on Community Affairs; and Senator Legg 578-02384-15 2015962c1 1 A bill to be entitled 2 An act relating to public records; creating s. 3 190.0121, F.S.; providing an exemption from public 4 records requirements for certain surveillance 5 recordings held by a community development district; 6 providing exceptions; defining the term “resident” of 7 a community development district; providing for future 8 legislative review and repeal of the exemption; 9 providing a statement of public necessity; providing 10 an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Section 190.0121, Florida Statutes, is created 15 to read: 16 190.0121 Public records exemption; surveillance 17 recordings.— 18 (1) A surveillance recording created by monitoring 19 activities occurring inside or outside a public building or on 20 public property which is held by a community development 21 district is confidential and exempt from s. 119.07(1) and s. 22 24(a), Art. I of the State Constitution. 23 (2) A community development district may disclose such a 24 recording: 25 (a) To a law enforcement agency in the furtherance of the 26 agency’s official duties and responsibilities; 27 (b) Pursuant to a court order; or 28 (c) To a resident of the community development district. 29 For the purpose of this paragraph, the term “resident” of a 30 community development district means: 31 1. A member of the United States Armed Forces who is 32 stationed in the community development district and his or her 33 family members residing with such member; or 34 2. A person who has declared the community development 35 district as his or her only residence as evidenced by a valid 36 state driver license or identification card that has both an 37 address within the community development district and a 38 residence verified by the Department of Highway Safety and Motor 39 Vehicles, or, in the absence thereof, one of the following: 40 a. A current voter information card registered to an 41 individual with an address within the community development 42 district; 43 b. A sworn statement manifesting and evidencing domicile in 44 the community development district; 45 c. Proof of a current homestead exemption with an address 46 in the community development district; or 47 d. For a child younger than 18 years of age, a student 48 identification card from a school zoned to include the child of 49 the community development district or, if accompanied by his or 50 her parent or guardian at the time, the parent’s proof of 51 residency within the community development district. 52 (3) This section is subject to the Open Government Sunset 53 Review Act in accordance with s. 119.15 and shall stand repealed 54 on October 2, 2020, unless reviewed and saved from repeal 55 through reenactment by the Legislature. 56 Section 2. The Legislature finds that it is a public 57 necessity that any surveillance recording created by monitoring 58 activities occurring inside or outside a public building or on 59 public property which is held by a community development 60 district be made confidential and exempt from s. 119.07(1), 61 Florida Statutes, and s. 24(a), Article I of the State 62 Constitution. Community development districts provide 63 surveillance of public areas in order to monitor activities 64 occurring within the districts and to ensure the security of the 65 district residents. The exemption for surveillance recordings 66 allows community development districts to effectively and 67 efficiently provide security and surveillance while maintaining 68 the privacy of the residents and the guests of the residents, 69 including those who use community facilities. Without the public 70 records exemption, coverage and other technical aspects of the 71 surveillance system would be revealed and would make it easier 72 for individuals who wish to evade detection by the surveillance 73 systems to do so. As such, the Legislature finds that it is a 74 public necessity to prohibit the disclosure of such surveillance 75 recordings held by a community development district. 76 Section 3. This act shall take effect July 1, 2015.