January 24, 2021
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HB 393

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

CODING: Words stricken are deletions; words underlined are additions.
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