Florida Senate - 2019                   (PROPOSED BILL) SPB 7034
       
       
        
       FOR CONSIDERATION By the Committee on Infrastructure and
       Security
       
       
       
       
       596-00859-19                                          20197034pb
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 316.0777, F.S., which
    4         provides a public records exemption for certain images
    5         and data obtained through the use of an automated
    6         license plate recognition system and for personal
    7         identifying information of an individual in data
    8         generated from such images; removing the scheduled
    9         repeal of the exemption; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 316.0777, Florida Statutes, is amended
   14  to read:
   15         316.0777 Automated license plate recognition systems;
   16  public records exemption.—
   17         (1) As used in this section, the term:
   18         (a) “Active,” “criminal intelligence information,” and
   19  “criminal investigative information” have the same meanings as
   20  provided in s. 119.011(3).
   21         (b) “Agency” has the same meaning as provided in s.
   22  119.011.
   23         (c) “Automated license plate recognition system” means a
   24  system of one or more mobile or fixed high-speed cameras
   25  combined with computer algorithms to convert images of license
   26  plates into computer-readable data.
   27         (d) “Criminal justice agency” has the same meaning as
   28  provided in s. 119.011.
   29         (2) The following information held by an agency is
   30  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   31  of the State Constitution:
   32         (a) Images and data containing or providing personal
   33  identifying information obtained through the use of an automated
   34  license plate recognition system.
   35         (b) Personal identifying information of an individual in
   36  data generated or resulting from images obtained through the use
   37  of an automated license plate recognition system.
   38         (3) Such information may be disclosed as follows:
   39         (a) Any such information may be disclosed by or to a
   40  criminal justice agency in the performance of the criminal
   41  justice agency’s official duties.
   42         (b) Any such information relating to a license plate
   43  registered to an individual may be disclosed to the individual,
   44  unless such information constitutes active criminal intelligence
   45  information or active criminal investigative information.
   46         (4) This exemption applies to such information held by an
   47  agency before, on, or after the effective date of this
   48  exemption.
   49         (5) This section is subject to the Open Government Sunset
   50  Review Act in accordance with s. 119.15 and shall stand repealed
   51  on October 2, 2019, unless reviewed and saved from repeal
   52  through reenactment by the Legislature.
   53         Section 2. This act shall take effect October 1, 2019.