This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0773a.GOS
DATE: 2/4/2022
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
2) Government Operations Subcommittee Villa Toliver
3) Judiciary Committee
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 provide that law enforcement geolocation information held by a law
enforcement agency before, on, or after the effective date of the bill is exempt 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. See Fiscal Comments.
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
creates a public record exemption; thus, it requires a two-thirds vote for final passage. STORAGE NAME: h0773a.GOS PAGE: 2
DATE: 2/4/2022
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,
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
An identifiable
public purpose is served if the exemption meets 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
Pursuant to 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 – 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.
5
Global Positioning System Tracking
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.
6
Knowing an
1
Art. I, s. 24(c), FLA. CONST.
2
Section 119.15, F.S.
3
Section 119.15(6)(b), F.S.
4
Id.
5
S. 119.071(4)(d)2.a., F.S.
6
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. 4, 2022). STORAGE NAME: h0773a.GOS PAGE: 3
DATE: 2/4/2022
officer’s location can be useful when dispatching units to the scene of an emergency and for monitoring
officer safety.
7
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 provide that law enforcement geolocation information held
by a law enforcement agency before, on, or after the effective date of the bill is exempt
8
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.
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 as required by the Florida Constitution.
Section 3: Provides an effective date of July 1, 2022.
7
Id.
8
There is a difference between records the Legislature designates exempt from public record requirements and those the Legislature
deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circumstances.
See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So.2d 1015 (Fla. 2004); City of
Rivera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA 1991). If
the Legislature designates a record as confidential and exempt from public disclosure, such record may not be released by the
custodian of public records to anyone other than the persons or entities specifically designated in statute. See Op. Att’y Gen. Fla. 04-
09 (2004). STORAGE NAME: h0773a.GOS PAGE: 4
DATE: 2/4/2022
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. The costs, however, would be absorbed as they are part of the day-to-day
responsibilities of agencies.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties and municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties and
municipalities.
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
creates a 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 public record exemption, thus, it
includes a public necessity statement.
Breadth of Exemption
Article I, section 24(c) of the Florida Constitution requires a newly created or expanded 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, which does not appear to be broader than
necessary to accomplish its purpose. STORAGE NAME: h0773a.GOS PAGE: 5
DATE: 2/4/2022
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.