CS/CS/CS/HB 773 2022
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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
authorizing the release of the exempt information in 8
certain circumstances; providing for future 9
legislative review an d repeal of the exemption; 10
providing a statement of public necessity; providing 11
an effective date. 12
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Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. Paragraph (e) is added to subsection (4) of 16
section 119.071, Florida Statutes, to read: 17
119.071 General exemptions from inspection or copying of 18
public records.— 19
(4) AGENCY PERSONNEL INFORMATION. — 20
(e)1. As used in this paragraph, the term "law enforcement 21
geolocation information" means information collected using a 22
global positioning system or another mapping, locational, or 23
directional information system that allows tracking of the 24
location or movement of a law enforcement officer or a law 25
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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
enforcement vehicle. 26
2. Law enforcement geolocation information held by a law 27
enforcement agency is exempt from s. 119.07(1) and s. 24(a), 28
Art. I of the State Constitution. This exemption applies to such 29
information held by an agency before, on, or after the effective 30
date of the exemption. 31
3. The exempt information shall be released in t he 32
following instances: 33
a. A federal, state, or local government entity requests 34
law enforcement geolocation information in furtherance of its 35
official duties. 36
b. A person files a petition with the circuit court in the 37
jurisdiction where the agency hav ing custody of the requested 38
law enforcement geolocation information is located specifying 39
the reasons for requesting such information and the court, upon 40
a showing of good cause, issues an order authorizing the release 41
of the law enforcement geolocation i nformation. In all cases in 42
which the court releases law enforcement geolocation information 43
under this sub-subparagraph, such information must be viewed or 44
copied under the direct supervision of the custodian of the 45
record or his or her designee. 46
c. Law enforcement geolocation information is requested 47
for use in a criminal, civil, or administrative proceeding. This 48
sub-subparagraph does not prohibit a court in a criminal, civil, 49
or administrative proceeding, upon a showing of good cause, from 50
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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
restricting or otherwise controlling the disclosure of such 51
information. 52
d. The law enforcement geolocation information is included 53
in a uniform traffic citation, crash report, homicide report, 54
arrest report, incident report, or any other official report 55
issued by an agency. 56
4. This paragraph is subject to the Open Government Sunset 57
Review Act in accordance with s. 119.15 and shall stand repealed 58
on October 2, 2027, unless reviewed and saved from repeal 59
through reenactment by the Legislature. 60
Section 2. The Legislature finds that it is a public 61
necessity that geolocation information of law enforcement 62
officers and law enforcement vehicles be made exempt from s. 63
119.07(1), Florida Statutes, and s. 24(a), Article I of the 64
State Constitution so that the safety of this state's law 65
enforcement officers and the privacy of this state's residents 66
may be reasonably assured. The Legislature recognizes that the 67
regular and unregulated release of law enforcement geolocation 68
information can pose a danger to officers while on patrol, can 69
potentially result in the exposure of law enforcement officers' 70
residences, can release otherwise exempt surveillance and 71
investigative techniques, and can inadvertently disclose 72
information about private residents which would otherwise be 73
exempt. Therefore, the Legislature finds that it is a public 74
necessity that law enforcement geolocation information be made 75
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exempt from public record requirements and that such exemption 76
be applied retroactively. 77
Section 3. This act shall take effect July 1, 2022. 78