ENROLLED
       2022 Legislature                   CS for SB 1046, 1st Engrossed
       
       
       
       
       
       
                                                             20221046er
    1  
    2         An act relating to public records; amending s.
    3         119.071, F.S.; defining the term “law enforcement
    4         geolocation information”; providing an exemption from
    5         public records requirements for law enforcement
    6         geolocation information held by a law enforcement
    7         agency; providing for retroactive application;
    8         providing applicability; requiring law enforcement
    9         agencies to disclose law enforcement geolocation
   10         information under specified circumstances; providing
   11         for future legislative review and repeal of the
   12         exemption; providing a statement of public necessity;
   13         providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (e) is added to subsection (4) of
   18  section 119.071, Florida Statutes, to read:
   19         119.071 General exemptions from inspection or copying of
   20  public records.—
   21         (4) AGENCY PERSONNEL INFORMATION.—
   22         (e)1. As used in this paragraph, the term “law enforcement
   23  geolocation information” means information collected using a
   24  global positioning system or another mapping, locational, or
   25  directional information system that allows tracking of the
   26  location or movement of a law enforcement officer or a law
   27  enforcement vehicle.
   28         2. Law enforcement geolocation information held by a law
   29  enforcement agency is exempt from s. 119.07(1) and s. 24(a),
   30  Art. I of the State Constitution. This exemption applies to such
   31  information held by an agency before, on, or after the effective
   32  date of the exemption. This exemption does not apply to uniform
   33  traffic citations, crash reports, homicide reports, arrest
   34  reports, incident reports, or any other official reports issued
   35  by an agency which contain law enforcement geolocation
   36  information.
   37         3. A law enforcement agency shall disclose law enforcement
   38  geolocation information in the following instances:
   39         a. Upon a request from a state or federal law enforcement
   40  agency;
   41         b. When a person files a petition with the circuit court in
   42  the jurisdiction where the agency having custody of the
   43  requested law enforcement geolocation information is located
   44  specifying the reasons for requesting such information and the
   45  court, upon a showing of good cause, issues an order authorizing
   46  the release of the law enforcement geolocation information. In
   47  all cases in which the court releases law enforcement
   48  geolocation information under this sub-subparagraph, such
   49  information must be viewed or copied under the direct
   50  supervision of the custodian of the record or his or her
   51  designee; or
   52         c. When law enforcement geolocation information is
   53  requested for use in a criminal, civil, or administrative
   54  proceeding. This sub-subparagraph does not prohibit a court in
   55  such a criminal, civil, or administrative proceeding, upon a
   56  showing of good cause, from restricting or otherwise controlling
   57  the disclosure of such information.
   58         4. This paragraph is subject to the Open Government Sunset
   59  Review Act in accordance with s. 119.15 and shall stand repealed
   60  on October 2, 2027, unless reviewed and saved from repeal
   61  through reenactment by the Legislature.
   62         Section 2. The Legislature finds that it is a public
   63  necessity that geolocation information of law enforcement
   64  officers and law enforcement vehicles be made exempt from s.
   65  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   66  State Constitution so that the safety of this state’s law
   67  enforcement officers and the privacy of this state’s residents
   68  may be reasonably assured. The Legislature recognizes that the
   69  regular and unregulated release of law enforcement geolocation
   70  information can pose a danger to officers while on patrol, can
   71  potentially result in the exposure of law enforcement officers’
   72  residences, can release otherwise exempt surveillance and
   73  investigative techniques, and can inadvertently disclose
   74  information about private residents which would otherwise be
   75  exempt. Therefore, the Legislature finds that it is a public
   76  necessity that law enforcement geolocation information be made
   77  exempt from public record requirements and that such exemption
   78  be applied retroactively.
   79         Section 3. This act shall take effect upon becoming a law.