FL
Florida House Bill H0773

Florida 2022 Regular Session

Florida House Bill H0773 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to public records; amending s. 2
1616 119.071, F.S.; defining the term "law enforcement 3
1717 geolocation information"; providing an exemption from 4
1818 public records requirements for law enforcement 5
1919 geolocation information held by a law enforcement 6
2020 agency; providing for retroactive application; 7
2121 authorizing the release of the exempt information in 8
2222 certain circumstances; providing for future 9
2323 legislative review an d repeal of the exemption; 10
2424 providing a statement of public necessity; providing 11
2525 an effective date. 12
2626 13
2727 Be It Enacted by the Legislature of the State of Florida: 14
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2929 Section 1. Paragraph (e) is added to subsection (4) of 16
3030 section 119.071, Florida Statutes, to read: 17
3131 119.071 General exemptions from inspection or copying of 18
3232 public records.— 19
3333 (4) AGENCY PERSONNEL INFORMATION. — 20
3434 (e)1. As used in this paragraph, the term "law enforcement 21
3535 geolocation information" means information collected using a 22
3636 global positioning system or another mapping, locational, or 23
3737 directional information system that allows tracking of the 24
3838 location or movement of a law enforcement officer or a law 25
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4747 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
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5151 enforcement vehicle. 26
5252 2. Law enforcement geolocation information held by a law 27
5353 enforcement agency is exempt from s. 119.07(1) and s. 24(a), 28
5454 Art. I of the State Constitution. This exemption applies to such 29
5555 information held by an agency before, on, or after the effective 30
5656 date of the exemption. 31
5757 3. The exempt information shall be released in t he 32
5858 following instances: 33
5959 a. A federal, state, or local government entity requests 34
6060 law enforcement geolocation information in furtherance of its 35
6161 official duties. 36
6262 b. A person files a petition with the circuit court in the 37
6363 jurisdiction where the agency hav ing custody of the requested 38
6464 law enforcement geolocation information is located specifying 39
65-the reasons for requesting such information and the court, upon 40
66-a showing of good cause, issues an order authorizing the release 41
67-of the law enforcement geolocation i nformation. In all cases in 42
68-which the court releases law enforcement geolocation information 43
69-under this sub-subparagraph, such information must be viewed or 44
70-copied under the direct supervision of the custodian of the 45
71-record or his or her designee. 46
72- c. Law enforcement geolocation information is requested 47
73-for use in a criminal, civil, or administrative proceeding. This 48
74-sub-subparagraph does not prohibit a court in a criminal, civil, 49
75-or administrative proceeding, upon a showing of good cause, from 50
65+the reasons and public necessity for requesting such information 40
66+and the court, upon a showing of good cause, issues an order 41
67+authorizing the release of the law enfo rcement geolocation 42
68+information. In determining good cause, the court shall consider 43
69+whether such disclosure is necessary for the public evaluation 44
70+of governmental performance and whether such information is 45
71+available in other public records. In all cases in which the 46
72+court releases law enforcement geolocation information under 47
73+this sub-subparagraph, such information must be viewed or copied 48
74+under the direct supervision of the custodian of the record or 49
75+his or her designee. 50
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8484 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
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88-restricting or otherwise controlling the disclosure of such 51
89-information. 52
90- d. The law enforcement geolocation information is included 53
91-in a uniform traffic citation, crash report, homicide report, 54
92-arrest report, incident report, or any other official report 55
93-issued by an agency. 56
94- 4. This paragraph is subject to the Open Government Sunset 57
95-Review Act in accordance with s. 119.15 and shall stand repealed 58
96-on October 2, 2027, unless reviewed and saved from repeal 59
97-through reenactment by the Legislature. 60
98- Section 2. The Legislature finds that it is a public 61
99-necessity that geolocation information of law enforcement 62
100-officers and law enforcement vehicles be made exempt from s. 63
101-119.07(1), Florida Statutes, and s. 24(a), Article I of the 64
102-State Constitution so that the safety of this state's law 65
103-enforcement officers and the privacy of this state's residents 66
104-may be reasonably assured. The Legislature recognizes that the 67
105-regular and unregulated release of law enforcement geolocation 68
106-information can pose a danger to officers while on patrol, can 69
107-potentially result in the exposure of law enforcement officers' 70
108-residences, can release otherwise exempt surveillance and 71
109-investigative techniques, and can inadvertently disclose 72
110-information about private residents which would otherwise be 73
111-exempt. Therefore, the Legislature finds that it is a public 74
112-necessity that law enforcement geolocation information be made 75
88+ c. Law enforcement geolocation information is requested 51
89+for use in a criminal or administrative proceeding. This sub -52
90+subparagraph does not prohibit a court in a criminal or 53
91+administrative proceeding, upon a showing of good cause, from 54
92+restricting or otherwise controlling the disclosure of such 55
93+information. 56
94+ d. The law enforcement geolocation information is included 57
95+in a uniform traffic citation, crash report, homicide report, 58
96+arrest report, incident report, or any other official report 59
97+issued by an agency. 60
98+ 4. This paragraph is subject to the Open Government Sunset 61
99+Review Act in accordance with s. 119.15 and shall stand repealed 62
100+on October 2, 2027, unless reviewed and saved from repeal 63
101+through reenactment by the Legislature. 64
102+ Section 2. The Legislature finds that it is a public 65
103+necessity that geolocation information of law enforcement 66
104+officers and law enforcement vehicles be made exempt from s. 67
105+119.07(1), Florida Statutes, and s. 24(a), Article I of the 68
106+State Constitution so that the safety of this state's law 69
107+enforcement officers and the privacy of this state's residents 70
108+may be reasonably assured. The Legislature recognizes that the 71
109+regular and unregulated release of law enforcement geolocation 72
110+information can pose a danger to officers while on patrol, can 73
111+potentially result in the ex posure of law enforcement officers' 74
112+residences, can release otherwise exempt surveillance and 75
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121121 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
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125-exempt from public record requirements and that such exemption 76
126-be applied retroactively. 77
127- Section 3. This act shall take effect July 1, 2022. 78
125+investigative techniques, and can inadvertently disclose 76
126+information about private residents which would otherwise be 77
127+exempt. Therefore, the Legislature finds tha t it is a public 78
128+necessity that law enforcement geolocation information be made 79
129+exempt from public record requirements and that such exemption 80
130+be applied retroactively. 81
131+ Section 3. This act shall take effect July 1, 2022. 82