Title: Pub. Rec./Traffic Infraction Detectors

Summary: Provides public records exemption for images obtained through use of traffic infraction detectors; provides for retroactive applicability of exemption; provides for future legislative review & repeal of exemption; provides statement of public necessity.

Full Text:
An act relating to public records; creating s. 316.0777, F.S.; providing a public records exemption for images obtained through the use of a traffic infraction detector; providing conditions for disclosure of such images; providing definitions; providing for retroactive applicability of the exemption; providing for future legislative review and repeal of the exemption; providing a statement of public necessity; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 316.0777, Florida Statutes, is created to read: 316.0777 Traffic infraction detectors; public records exemption.-(1) As used in this sec tion, the term: (a) "Active," "criminal intelligence information," and "criminal investigative information" have the same meanings as provided in s. 119.011(3). (b) "Agency" has the same meaning as provided in s. 119.011. (c) "Criminal justice agency " has the same meaning as provided in s. 119.011. (d) "Traffic infraction detector" has the same meaning as CS/CS/HB 2014 provided in s. 316.003. (2) Recorded images obtained through the use of a traffic infraction detector and held by an agency are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (3) Such recorded images may be disclosed as follows: (a) A recorded image may be made available by or to a criminal justice agency in the performance of the criminal justice age ncy's official duties. (b) A recorded image relating to a license plate registered to an individual may be made available to the individual, unless such image constitutes active criminal intelligence information or active criminal investigative informati on. (c) A recorded image may be made available to a person authorized by the department who is engaged in the use of such records for bona fide research and statistical purposes. Such individual or entity shall enter into a privacy and security agreement with the department and shall comply with all laws and rules governing the use of such records for research and statistical purposes. Information identifying the subjects of such recorded images shall be treated as confidential by the researcher and shall not be released in any form. (4) This exemption applies to such recorded images held by an agency before, on, or after the effective date of this exemption. CS/CS/HB 2014 (5) This section is subject to the Open Government Sunset Review Act in accordance with s..15 and shall stand repealed on October 2, 2019, unless reviewed and saved from repeal through reenactment by the Legislature. Section 2. The Legislature finds that it is a public necessity that recorded images obtained through the use of traffic infra ction detectors be made confidential and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the State Constitution. The release of such recorded images, including the personal identifying information contained in the recorded images, by an agency, including a private traffic infraction detector vendor, could enable a third party to track a person's movements, compile a history of where the person has driven, or to gain access to resources or obtain credit and other benefits in the person 's name. This exemption is necessary because the public disclosure of such information constitutes an unwarranted invasion into the personal life and privacy of a person. The harm from disclosing such information outweighs the public benefit that can be de rived from widespread and unregulated public access to such information. Section 3. This act shall take effect July 1, 2014.