Automated license plate recognition systems; installation within rights-of-way of State Highway System; public records exemption.

(1) As used in this section, the term:

(a) “Active,” “criminal intelligence information,” and “criminal investigative information” have the same meanings as provided in s. 119.011(3).

(b) “Agency” has the same meaning as provided in s. 119.011.

(c) “Automated license plate recognition system” means a system of one or more mobile or fixed high-speed cameras combined with computer algorithms to convert images of license plates into computer-readable data.

(d) “Criminal justice agency” has the same meaning as provided in s. 119.011.

(2)(a) As used in this subsection, the term “law enforcement agency” means an agency that has a primary mission of preventing and detecting crime and enforcing state penal, criminal, traffic, and motor vehicle laws and, in furtherance of that mission, employs law enforcement officers as defined in s. 943.10(1).

(b) At the discretion of the Department of Transportation, an automated license plate recognition system may be installed within the right-of-way, as defined in s. 334.03(21), of a road on the State Highway System when installed at the request of a law enforcement agency for the purpose of collecting active criminal intelligence information or active criminal investigative information as defined in s. 119.011(3). An automated license plate recognition system may not be used to issue a notice of violation for a traffic infraction or a uniform traffic citation. Such installation must be in accordance with placement and installation guidelines developed by the Department of Transportation. An automated license plate recognition system must be removed within 30 days after the Department of Transportation notifies the requesting law enforcement agency that such removal must occur.

(c) Installation and removal of an automated license plate recognition system are at the sole expense of the requesting law enforcement agency. The Department of Transportation is not liable for any damages caused to any person by the requesting law enforcement agency’s operation of such system.

(d) Records containing images and data generated through the use of an automated license plate recognition system may not be retained longer than the maximum period provided in the retention schedule established pursuant to s. 316.0778.

(3) The following information held by an agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution:

(a) Images and data containing or providing personal identifying information obtained through the use of an automated license plate recognition system.

(b) Personal identifying information of an individual in data generated or resulting from images obtained through the use of an automated license plate recognition system.

(4) Such information may be disclosed as follows:

(a) Any such information may be disclosed by or to a criminal justice agency in the performance of the criminal justice agency’s official duties.

(b) Any such information relating to a license plate registered to an individual may be disclosed to the individual, unless such information constitutes active criminal intelligence information or active criminal investigative information.

(5) This exemption applies to such information held by an agency before, on, or after the effective date of this exemption.