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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.
   13  Be It Enacted by the Legislature of the State of Florida:
   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.—
   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   33  repealed on October 2, 2015, unless reviewed and saved from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.

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