This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0773.CRM
DATE: 2/3/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 773 Pub. Rec./Law Enforcement Geolocation Information
SPONSOR(S): Criminal Justice & Public Safety Subcommittee, Willhite
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1046
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice & Public Safety Subcommittee 17 Y, 0 N, As CS Padgett Hall
SUMMARY ANALYSIS
Law enforcement personnel regularly confront persons that are a danger to public safety and who may seek to
retaliate for being arrested or cited for a violation of law. To ensure the safety of law enforcement personnel
and their families, the Legislature enacted s. 119.071(4)(d)2.a., F.S., which provides an exemption from
disclosure pursuant to a public records request for the home addresses, telephone numbers, dates of birth,
and photographs of active or former sworn law enforcement personnel or civilian personnel employed by a law
enforcement agency.
Global Positioning System (GPS) trackers are often installed in law enforcement vehicles or embedded in other
equipment used by law enforcement officers, such as a radio or body cameras. If a law enforcement officer
routinely takes his or her patrol vehicle home, the officer’s GPS data, if released under a public records
request, could disclose the location of the residence of a law enforcement officer. Furthermore, if such GPS
data were disclosed to the public, it could divulge information about law enforcement surveillance and
investigative techniques.
CS/HB 773 amends s. 119.071(4), F.S., to exempt law enforcement geolocation information held by a law
enforcement agency before, on, or after the effective date of the bill from disclosure as a public record. The bill
provides the exemption does not apply if:
A federal, state, or local government entity requests law enforcement geolocation information in
furtherance of its official duties.
A person files a petition with the circuit court in the jurisdiction where the agency having custody of the
requested law enforcement geolocation information is located specifying the reasons and public
necessity for requesting such information and the court, upon a showing of good cause, issues an order
authorizing the release of the law enforcement geolocation information.
Law enforcement geolocation information is requested for use in a criminal or administrative
proceeding.
Geolocation information is contained in a uniform traffic citation, crash report, homicide report, arrest
report, incident report, or any other official report issued by a law enforcement agency.
Per the Open Government Sunset Review Act, this exemption will be automatically repealed on October 2,
2027, unless reenacted by the Legislature. The bill provides a statement of public necessity as required by the
Florida Constitution.
The bill may have an insignificant negative fiscal impact on state and local governments.
The bill provides an effective date of July 1, 2022.
Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly created or expanded public record or public meeting
exemption. The bill appears to expand an existing public record exemption; thus, it requires a two-
thirds vote for final passage. STORAGE NAME: h0773.CRM PAGE: 2
DATE: 2/3/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Public Records
Article I, section 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
government records. The section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government. The Legislature, however, may
provide by general law for exemption from public records requirements provided the exemption passes
by two-thirds vote of each chamber, states with specificity the public necessity justifying the exemption
(public necessity statement), and is no broader than necessary to meet its public purpose.
1
The Florida Statutes also address the public policy regarding access to government records. Section
119.07(1), F.S., guarantees every person a right to inspect and copy any state, county, or municipal
record, unless the record is exempt. Furthermore, the Open Government Sunset Review Act
2
provides
that a public record exemption may be created or maintained only if it serves an identifiable public
purpose and the “Legislature finds that the purpose is sufficiently compelling to override the strong
public policy of open government and cannot be accomplished without the exemption.”
3
In addition, the
exemption may be no broader than is necessary to meet one of the following purposes:
Allow the state or its political subdivisions to effectively and efficiently administer a governmental
program, which administration would be significantly impaired without the exemption;
Protect sensitive personal information that, if released, would be defamatory or would jeopardize
an individual’s safety; however, only the identity of an individual may be exempted under this
provision; or
Protect trade or business secrets.
4
Under s. 119.15(3), F.S., a new public records exemption or substantial amendment of an existing
public records exemption is repealed on October 2 of the fifth year following enactment, unless the
Legislature reenacts the exemption.
Public records exemptions apply prospectively,
5
unless the Legislature provides clear intent that the
exemption apply retroactively.
6
Public Records Exemptions – Law Enforcement Personnel
Law enforcement personnel regularly confront persons that are a danger to public safety and who may
seek to retaliate for being arrested or cited for a violation of law. To ensure the safety of law
enforcement personnel and their families, the Legislature enacted s. 119.071(4)(d)2.a., F.S., which
provides an exemption from disclosure pursuant to a public records request for the home addresses,
telephone numbers, dates of birth, and photographs of active or former sworn law enforcement
personnel or civilian personnel employed by a law enforcement agency. The names, home addresses,
telephone numbers, photographs, dates of birth, and places of employment of the spouse or children of
such law enforcement personnel is also exempt, as are the names and locations of schools and day
care facilities attended by the children of such personnel.
7
Global Positioning System Tracking
1
Art. I, s. 24(c), Fla. Const.
2
S. 119.15, F.S.
3
S. 119.15(6)(b), F.S.
4
Id.
5
Memorial Hospital-West Volusia, Inc. v. News-Journal Corp., 784 So.2d 438, 440-441 (Fla. 2001).
6
Campus Communications, Inc. v. Earnhardt, 821 So.2d 388, 396 (Fla. 5th DCA 2002), review denied, 848 So.2d 1153 (Fla. 2003).
7
S. 119.071(4)(d)2.a., F.S. STORAGE NAME: h0773.CRM PAGE: 3
DATE: 2/3/2022
Global Positioning System (GPS) trackers are often installed in law enforcement vehicles or embedded
in other equipment used by law enforcement officers, such as a radio or body camera.
8
Knowing an
officer’s location can be useful when dispatching units to the scene of an emergency and for monitoring
officer safety.
9
However, if a law enforcement officer routinely takes his or her patrol vehicle home, the
officer’s GPS data, if released under a public records request, could disclose the location of the
residence of a law enforcement officer. Furthermore, if such GPS data were disclosed to the public, it
could divulge information about law enforcement surveillance and investigative techniques.
Effect of Proposed Changes
CS/HB 773 amends s. 119.071(4), F.S., to exempt law enforcement geolocation information held by a
law enforcement agency before, on, or after the effective date of the bill from disclosure as a public
record. The bill provides the exemption does not apply if:
A federal, state, or local government entity requests law enforcement geolocation information in
furtherance of its official duties.
A person files a petition with the circuit court in the jurisdiction where the agency having custody
of the requested law enforcement geolocation information is located specifying the reasons and
public necessity for requesting such information and the court, upon a showing of good cause,
issues an order authorizing the release of the law enforcement geolocation information. The bill
provides that in determining good cause, the court shall consider whether such disclosure is
necessary for the public evaluation of governmental performance and whether such information
is available in other public records. If a court determines there is good cause to release the law
enforcement geolocation information, the bill requires that such information must be viewed or
copied under the direct supervision of the custodian of the record or his or her designee.
Law enforcement geolocation information is requested for use in a criminal or administrative
proceeding. The bill authorizes a court in a criminal or administrative proceeding, upon a
showing of good cause, to restrict or otherwise control the disclosure of such information.
Geolocation information is contained in a uniform traffic citation, crash report, homicide report,
arrest report, incident report, or any other official report issued by a law enforcement agency.
The bill defines “law enforcement geolocation information” as “information collected using a global
positioning system or another mapping, locational, or directional information system that allows tracking
of the location or movement of a law enforcement officer or a law enforcement vehicle.”
The bill is subject to the Open Government Sunset Review Act and will be automatically repealed on
October 2, 2027, unless the Legislature reenacts the exemption.
The bill provides a statement of public necessity as required by the Florida Constitution, stating that
exempting geolocation information of law enforcement officers from disclosure is necessary because
release of such information could compromise the safety of law enforcement officers, the integrity of
surveillance or investigative techniques used by law enforcement, and the privacy of residents. Based
on these findings, the bill declares the Legislature finds that it is a public necessity to exempt law
enforcement geolocation information from disclosure as a public record and to make such exemption
retroactive.
The bill provides an effective date of July 1, 2022.
B. SECTION DIRECTORY:
Section 1: Amends s. 119.071, F.S., relating to general exemptions from inspection or copying of
public records.
Section 2: Provides a public necessity statement.
8
Police Magazine, GPS in Police Vehicles: Officer Safety or Big Brother Watching?, https://www.policemag.com/373629/gps-in-police-
vehicles-officer-safety-or-big-brother-watching (last visited Feb. 3, 2021).
9
Id. STORAGE NAME: h0773.CRM PAGE: 4
DATE: 2/3/2022
Section 3: Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill may have a minimal fiscal impact on law enforcement agencies because agency staff
responsible for complying with public records requests may require training related to the creation of
the public record exemption. Law enforcement agencies could incur costs associated with redacting the
exempt information prior to releasing a record. The costs, however, would likely be absorbed by
existing resources.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county of municipal governments.
2. Other:
Vote Requirement
Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly created or expanded public record exemption. The bill
appears to create a new public record exemption, thus, it requires a two-thirds vote for final passage.
Public Necessity Statement
Article I, section 24(c) of the Florida Constitution requires a public necessity statement for a newly
created or expanded public record exemption. The bill creates a new public records exemption, thus,
it includes a public necessity statement.
Breadth of Exemption
Article I, section 24(c) of the Florida Constitution requires a newly created public record exemption to
be no broader than necessary to accomplish the stated purpose of the law. The bill creates a new
public records exemption to protect law enforcement officers and ensure the confidentiality of
surveillance and investigative techniques.
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DATE: 2/3/2022
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On February 3, 2022, the Criminal Justice & Public Safety Subcommittee adopted a proposed committee
substitute (PCS) and reported the bill favorably as a committee substitute. The PCS differed from the
original bill as it provided the public records exemption in the bill does not apply if:
A federal, state, or local government entity requests law enforcement geolocation information in
furtherance of its official duties.
A person files a petition with the circuit court in the jurisdiction where the agency having custody of
the requested law enforcement geolocation information is located specifying the reasons and public
necessity for requesting such information and the court, upon a showing of good cause, issues an
order authorizing the release of the law enforcement geolocation information.
Law enforcement geolocation information is requested for use in a criminal or administrative
proceeding.
This analysis is drafted to the committee substitute as passed by the Criminal Justice & Public Safety
Subcommittee.