Primary law

The Department already had this switch.

EOM 26-01 is an exercise of existing statute and rule, not a new law. The 30-day clock, the “at the discretion of the Department” standard, and the revocable character of a General Use Permit were already on the books.

SupportedEvidence

Section 316.0777, Florida Statutes, already gave FDOT discretion to approve, deny, or order removal of ALPR systems from SHS right-of-way, with a 30-day removal clock after notice.

fs-316-0777

§ 316.0777, Fla. Stat.

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

History: s. 1, ch. 2014-170; s. 1, ch. 2019-16; s. 5, ch. 2023-70. · Florida Senate

(1) · Definitions

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) · Law enforcement agency

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).

(2)(b) · Discretionary placement on SHS right-of-way

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.

(2)(c) · Cost and liability

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.

(2)(d) · Retention cap

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)–(5) · Public-records exemption

Images and data containing or providing personal identifying information obtained through ALPR, and personal identifying information of an individual in data generated from those images, are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Disclosure is allowed to a criminal justice agency in the performance of official duties, and to the individual to whom a plate is registered unless the information is active criminal intelligence or investigative information.

§ 316.0778, Fla. Stat.

Automated license plate recognition systems; records retention

In consultation with the Department of Law Enforcement, the Department of State shall establish a retention schedule for records containing images and data generated through the use of an automated license plate recognition system. The retention schedule must establish a maximum period that the records may be retained.

The statute itself does not name a number of days. The maximum period lives in the Department of State retention schedule, which is a separate primary record.

Fla. Admin. Code R. 14-20.010

General Use Permits

(1)
This rule is adopted to authorize use of and to control the right of way on the State Highway System, for purposes not addressed by other rules of the Department…

(2)(c)
“General Use Permit” means a temporary use of the right of way of the State Highway System authorized by the Department and not prohibited by, nor authorized and regulated by other local, state, or federal laws, rules, or regulations. General use permits do not authorize possessory, exclusive, or permanent use of the right of way. General use permits shall not create contractual rights on behalf of an applicant or permittee. General use permits are revocable at any time by the Department.

SupportedEvidence

A General Use Permit is temporary, creates no contractual right, and is revocable at any time by FDOT.

fac-14-20-010 · eom-26-01

Open questions in the four corners

Two scopes are not settled by the memo text itself. They are labeled Unproven here on purpose.

UnprovenAssumption

State-operated devices (for example Florida Highway Patrol or FDOT’s own units) are included in the revocation.

The memo revokes approvals issued to local law enforcement agencies. Whether a state agency’s own SHS installations are swept in is not stated in the four corners of the memo.

eom-26-01

UnprovenAssumption

Mobile ALPR units mounted on patrol vehicles are ordered removed by EOM 26-01.

The memo is about placement in SHS right-of-way under General Use Permits. Vehicle-mounted systems are a different installation class.

eom-26-01 · fs-316-0777

Read the memorandum · Citation ledger