Bill Text: FL S0688 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Pub. Rec./Public Transit Provider [EPSC]

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-04-28 - Placed on Special Order Calendar; Read 2nd time -SJ 00955; Substituted CS/HB 393 -SJ 00955; Laid on Table, companion bill(s) passed, see CS/HB 393 (Ch. 2010-196) -SJ 00955 [S0688 Detail]

Download: Florida-2010-S0688-Introduced.html

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Florida Senate - 2010                                     SB 688 
 
By Senator Gelber 
35-00629-10                                            2010688__ 
1                        A bill to be entitled 
2         An act relating to public records; amending s. 
3         119.071, F.S.; providing exemptions from the public 
4         records law for personal identifying information held 
5         by a public transit provider and used to facilitate 
6         the purchase of prepaid fare cards and for information 
7         indicating the location or travel patterns of persons 
8         using fare cards; providing for future repeal and 
9         legislative review of the exemptions under the Open 
10         Government Sunset Review Act; providing a statement of 
11         public necessity; providing an effective date. 
12 
13  Be It Enacted by the Legislature of the State of Florida: 
14 
15         Section 1. Present paragraph (i) of subsection (5) of 
16  section 119.071, Florida Statutes, is redesignated as paragraph 
17  (j), and a new paragraph (i) is added to that subsection, to 
18  read: 
19         119.071 General exemptions from inspection or copying of 
20  public records.— 
21         (5) OTHER PERSONAL INFORMATION.— 
22         (i)1. Personal identifying information that is provided to, 
23  acquired by, or in the possession of a public transit provider, 
24  as defined in s. 341.031, for the purpose of prepaying transit 
25  fares or acquiring a prepaid transit fare card or similar 
26  device, and information that indicates the location, 
27  whereabouts, or travel patterns of a person using a prepaid 
28  transit fare card or similar device, are confidential and exempt 
29  from s. 119.07(1) and s. 24(a), Art. I of the State 
30  Constitution. 
31         2. This paragraph is subject to the Open Government Sunset 
32  Review Act in accordance with s. 119.15, and shall stand 
33  repealed on October 2, 2015, unless reviewed and saved from 
34  repeal through reenactment by the Legislature. 
35         Section 2. The Legislature finds that it is a public 
36  necessity that personal identifying information held by a public 
37  transit provider for the purpose of facilitating the prepayment 
38  of transit fares be made confidential and exempt from public 
39  records requirements in order to protect the privacy of the 
40  public. The exemption puts individuals who prepay transit fares 
41  using a prepaid transit fare card on an equal footing with those 
42  who pay cash. Allowing individuals to use a prepaid transit fare 
43  card is a more efficient and effective system for collecting 
44  transit fares, and not only saves individuals time in accessing 
45  the transit system in comparison with individuals who pay cash, 
46  but also costs significantly less to administer. The Legislature 
47  also finds that it is a public necessity that information that 
48  indicates the location or travel patterns of persons using 
49  transit fare cards or similar devices be made confidential and 
50  exempt from public-records requirements in order to protect the 
51  privacy of individuals and promote the right of individuals to 
52  be let alone from unreasonable governmental intrusion. 
53         Section 3. This act shall take effect July 1, 2010.