Florida License Plate Reader Laws

Status at a glance

Public records: confidential, with an exception for you

Under § 316.0777(3), images and data containing or providing personal identifying information obtained through an ALPR system, and personal identifying information in data generated from those images, are “confidential and exempt” from Florida’s public records law. The information may be disclosed:

• by or to a criminal justice agency in the performance of its official duties; and
• “relating to a license plate registered to an individual” to that individual, “unless such information constitutes active criminal intelligence information or active criminal investigative information” (§ 316.0777(4)).

That second route is unusual. In Florida, a registered owner may be able to request ALPR information about their own plate, subject to the active-investigation exception. How agencies handle these requests in practice is something we haven’t verified. See public records requests for ALPR.

Retention: set by state schedule

Section 316.0778 directs the Department of State, in consultation with the Department of Law Enforcement, to establish a retention schedule for ALPR records that “must establish a maximum period that the records may be retained.” Section 316.0777(2)(d) says ALPR records may not be kept longer than that maximum.

Tallahassee’s policy identifies the schedule as General Records Schedule GS2 for Law Enforcement, Item #217 (License Plate Recognition Records). We haven’t verified the current maximum period in that schedule from the Department of State’s own publication. Agencies may keep data for shorter periods.

Cameras on state highways

At the Department of Transportation’s discretion, an ALPR may be installed in a state highway right-of-way at a law enforcement agency’s request, to collect active criminal intelligence or investigative information. Such a system “may not be used to issue a notice of violation for a traffic infraction or a uniform traffic citation,” and must be removed within 30 days of a removal notice (§ 316.0777(2)).

An example: Tallahassee’s general order

Tallahassee Police Department General Order 56, revised August 25, 2026, sets out practices including:

• “A tentative hit alone is not authority to make contact with an occupied motor vehicle.” Officers must visually compare the plate and confirm the hit through FCIC/NCIC before contact, except in exigent circumstances or for officer safety.
• Access requires individual credentials that record users by date and time, and audits are conducted routinely.
• Data is retained for at least 30 days and disposed of under GS2 Item #217, and the Chief may set a shorter period.
• It lists prohibited uses, including monitoring without a valid law enforcement purpose and altering or deleting records.

What this can mean in a Florida case

• If the case involves your own registered plate, is information obtainable under § 316.0777(4)(b), or is it active investigative information?
• Was the hit confirmed through FCIC/NCIC before the stop? See ALPR alert traffic stops.
• Was data retained within the state schedule’s maximum?
• For case-specific records, discovery is usually the route. See requesting ALPR records in discovery.