Bill Text: FL S0616 | 2014 | Regular Session | Comm Sub

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Bill Title: Public Records/Toll Facilities

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-04-23 - Laid on Table, companion bill(s) passed, see CS/HB 7007 (Ch. 2014-217) [S0616 Detail]

Download: Florida-2014-S0616-Comm_Sub.html

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       Florida Senate - 2014                              CS for SB 616
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Evers
       
       
       
       
       585-02220-14                                           2014616c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         338.155, F.S.; providing an exemption from public
    4         records requirements for personal identifying
    5         information held by the Department of Transportation,
    6         a county, a municipality, or an expressway authority
    7         for the purpose of paying, prepaying, or collecting
    8         tolls and associated administrative charges for the
    9         use of toll facilities; providing for application of
   10         the exemption; providing for future legislative review
   11         and repeal of the exemption under the Open Government
   12         Sunset Review Act; providing a statement of public
   13         necessity; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (6) of section 338.155, Florida
   18  Statutes, is amended to read:
   19         338.155 Payment of toll on toll facilities required;
   20  exemptions.—
   21         (6) Personal identifying information held by provided to,
   22  acquired by, or in the possession of the Department of
   23  Transportation, a county, a municipality, or an expressway
   24  authority for the purpose of paying, prepaying, or collecting
   25  tolls and associated administrative charges for the use of using
   26  a credit card, charge card, or check for the prepayment of
   27  electronic toll facilities charges to the department, a county,
   28  or an expressway authority is exempt from s. 119.07(1) and s.
   29  24(a), Art. I of the State Constitution. This exemption applies
   30  to personal identifying information held by the department, a
   31  county, a municipality, or an expressway authority before, on,
   32  or after the effective date of the exemption. This subsection is
   33  subject to the Open Government Sunset Review Act in accordance
   34  with s. 119.15 and shall stand repealed on October 2, 2019,
   35  unless reviewed and saved from repeal through reenactment by the
   36  Legislature.
   37         Section 2. The Legislature finds that it is a public
   38  necessity to exempt from s. 119.07(1), Florida Statutes, and s.
   39  24(a), Article I of the State Constitution, personal identifying
   40  information of individuals held by the Department of
   41  Transportation, a county, a municipality, or an expressway
   42  authority for the purpose of paying, prepaying, or collecting
   43  tolls and associated administrative charges for the use of toll
   44  facilities. The exemption puts individuals who pay for tolls by
   45  TOLL-BY-PLATE, which uses photographic images of the vehicle
   46  license plate for billing purposes, on equal footing with
   47  individuals who prepay for tolls by check, debit card, or credit
   48  card, or who pay for tolls with cash at the toll booth. The
   49  exemption protects the health and safety of the public by making
   50  exempt information regarding the location, travel patterns, and
   51  travel activity of individuals who use the toll road system. The
   52  exemption protects the anonymity of all individuals on toll
   53  roads, not just cash customers, regardless of the method they
   54  use to pay tolls. The exemption also thereby promotes the use of
   55  the more efficient and effective electronic toll collection
   56  system, since paying for tolls by TOLL-BY-PLATE or prepaying for
   57  tolls by check, debit card, or credit card not only saves
   58  individuals time when passing through the toll facilities,
   59  compared to individuals who pay for tolls with cash, but also
   60  costs much less for the state to administer. Further, the
   61  exemption protects an individual’s right to privacy by
   62  prohibiting the public disclosure of private information about
   63  the finances and location of an individual using the toll road
   64  system.
   65         Section 3. This act shall take effect upon becoming a law.