Florida 2022 2022 Regular Session

Florida House Bill H0773 Introduced / Bill

Filed 11/30/2021

                       
 
HB 773  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0773-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to public records; amending s. 2 
119.071, F.S.; defining the term "law enforcement 3 
geolocation information"; providing an exemption from 4 
public records requirements for law enforcement 5 
geolocation information held by a law enforcement 6 
agency; providing for retroactive application; 7 
providing applicability; 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.  Paragraph (e) is added to subsection (4) of 15 
section 119.071, Florida Statutes, to read: 16 
 119.071  General exemptions from inspect ion or copying of 17 
public records.— 18 
 (4)  AGENCY PERSONNEL INFORMATION. — 19 
 (e)1.  As used in this paragraph, the term "law enforcement 20 
geolocation information" means information collected using a 21 
global positioning system or another mapping, locational, or 22 
directional information system that allows tracking of the 23 
location or movement of a law enforcement officer or a law 24 
enforcement vehicle. 25     
 
HB 773  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
 2.  Law enforcement geolocation information held by a law 26 
enforcement agency is exempt from s. 119.07(1) and s. 24(a) , 27 
Art. I of the State Constitution. This exemption applies to such 28 
information held by an agency before, on, or after the effective 29 
date of the exemption. This exemption does not apply to uniform 30 
traffic citations, crash reports, homicide reports, arrest 31 
reports, incident reports, or any other official reports issued 32 
by an agency which contain law enforcement geolocation 33 
information. 34 
 3.  This paragraph is subject to the Open Government Sunset 35 
Review Act in accordance with s. 119.15 and shall stand repealed 36 
on October 2, 2027, unless reviewed and saved from repeal 37 
through reenactment by the Legislature. 38 
 Section 2.  The Legislature finds that it is a public 39 
necessity that geolocation information of law enforcement 40 
officers and law enforcement vehicles be m ade exempt from s. 41 
119.07(1), Florida Statutes, and s. 24(a), Article I of the 42 
State Constitution so that the safety of this state's law 43 
enforcement officers and the privacy of this state's residents 44 
may be reasonably assured. The Legislature recognizes th at the 45 
regular and unregulated release of law enforcement geolocation 46 
information can pose a danger to officers while on patrol, can 47 
potentially result in the exposure of law enforcement officers' 48 
residences, can release otherwise exempt surveillance and 49 
investigative techniques, and can inadvertently disclose 50     
 
HB 773  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
information about private residents which would otherwise be 51 
exempt. Therefore, the Legislature finds that it is a public 52 
necessity that law enforcement geolocation information be made 53 
exempt from public record requirements and that such exemption 54 
be applied retroactively. 55 
 Section 3.  This act shall take effect July 1, 2022. 56