License plate reader order draws reaction from law enforcement across SWFL

SOUTHWEST FLORIDA (WINK) — Southwest Florida law enforcement agencies are reacting after the Florida Department of Transportation revoked approvals for automated license plate readers located in state road rights-of-way.

FDOT cited the rapid expansion of the technology, along with reports of misuse, data privacy concerns and surveillance schemes. The department is giving permit holders 30 days to remove affected devices.

Charlotte County Sheriff Bill Prummell is strongly criticizing the move.

“I think it was a knee-jerk reaction,” Prummell said. “They’re listening to the loud minority.”

Prummell said about 14 locations in Charlotte County will have to be relocated.

“We’re going to be losing that because most of your criminals, especially when they’re traveling into Charlotte County, they’re using those main thoroughfares,” Prummell said.

Prummell said license plate reader technology has helped investigators in several major cases. His office pointed to the murder of Deputy Elio Diaz, saying the systems were critical in locating the individual accused of killing him. Prummell also cited the investigation involving a woman whose body was found wrapped and weighed down near the Peace River.

“The image that was caught with the LPR had a bunch of the evidence we collected at the scene, which was also seen in the truck on the LPR, that helped us put that link together,” Prummell said.

The Lee County Sheriff’s Office also said investigators used license plate reader technology in that case. LCSO said detectives connected Joshua Cullen to the disposal site after his vehicle was captured traveling toward Hunters Creek with a wheelbarrow secured to the roof. Investigators later determined it was the same wheelbarrow found near where the woman’s body was recovered.

Prummell also described a Port Charlotte murder case in which deputies tracked a stolen vehicle and located a suspect. He also cited a scam case involving an elderly victim who lost $23,000. Prummell said investigators identified a vehicle and later received an alert when the suspect returned to Charlotte County.

He said license plate readers have also alerted deputies when vehicles connected to crimes in other counties entered Charlotte County.

Prummell said he believes concerns over misuse are being exaggerated.

“I think it’s being blown out of proportion,” Prummell said. “Of course, we don’t want to become a surveillance state. You know, that’s not what we’re looking to do. We’re using this as a crime-fighting tool, and if we’re finding those individuals who are abusing that system, and we’re losing the trust of our citizens, we’re holding those people accountable.”

Prummell said people who improperly use law enforcement databases can face disciplinary action and, in some cases, criminal consequences. He said the Florida Sheriffs Association had already been discussing possible changes for the next legislative session.

“You make the penalties harsher, and hopefully that’ll prevent them from doing it,” Prummell said. “Will that stop everybody? No. There are some people who just make some really poor choices, but as long as we’re holding them accountable, so that person who is victimized gets the justice that they deserve.”

Prummell also addressed local concerns that license plate readers could be used to monitor people who are not suspected of crimes.

“No, that certainly is not happening,” Prummell said. “If you knew the amount of license plates that go through this system, we don’t have the resources. We don’t have the manpower. We’re not tracking everybody’s movements. If you’re committing a crime, yes, we’re tracking you down to find you. You’re going about your normal business. We don’t care. We’re not looking at you. We’re not spying on you.”

Lee County Sheriff Carmine Marceno has also defended license plate reader technology. On Aug. 14, after investigators said LPR technology helped track down suspects in a Lehigh Acres house-party shooting, Marceno said the technology was critical in finding violent offenders.

“If we don’t have LPRs, if we don’t have that advanced technology, you got violent felons that’ll still be on the street reoffending, committing more violent crime,” Marceno said.

LCSO later provided the following statement on Monday night:

“We recognize and take seriously the concerns surrounding Automated License Plate Reader (ALPR) technology, while also recognizing its critical role in public safety. ALPRs help law enforcement locate missing and endangered children, identify victims, apprehend dangerous offenders, recover stolen vehicles, and solve serious crimes."

ALPR is an investigative tool—not a determination of guilt. It provides timely leads that must be independently verified before enforcement action is taken.

We support responsible use with strong safeguards, including restricted access, auditing, appropriate data retention and sharing, training, oversight, and accountability for misuse. Criminal activity does not stop at jurisdictional boundaries, making responsible information sharing essential in time-sensitive investigations.

We remain committed to working with policymakers and our communities to strengthen safeguards while preserving ALPR as an important tool to keep our communities safe and save lives.”

Marceno also provided this statement on Tuesday:

“There is no doubt that technology can be a double-edged sword. While it has helped us in major investigations and locating missing persons, we must understand the general public’s fear of misuse. We will comply with the orders by our State partners while the legislature straightens the rules and regulations regarding the use of certain technologies. Our hope is that they move quickly as to not jeopardize public safety.”

LCSO said it is reviewing the FDOT order.

LCSO also pointed to several cases where it says license plate reader technology helped investigators, including an armed bank robbery on Palm Beach Boulevard, a burglary involving a stolen vehicle, an illegal dumping investigation and the Peace River body case.

Naples Police said it has a limited number of license plate reader sites in FDOT rights-of-way and will comply with the state’s request within the outlined timeframe. The department said the City of Naples had not received formal notification from FDOT at the time of its response, but planning meetings had already begun.

Naples Police Chief Ciro Dominguez said, “The ALPR technology is a force multiplier that is utilized during investigations and helps dramatically to reduce the time it takes to identify a vehicle connected to a crime or other public safety incident that cannot be accomplished with any other investigative resource.”

vlcsnap-2021-07-26-07h26m01s713 — License plate reader mounted on a streetlight. Credit: WINK News

Naples Police also said: “ALPR technology captures images of vehicles and license plates traveling on public roadways; it does not photograph or identify people. ALPR helps officers identify vehicles associated with legitimate law enforcement alerts, including stolen vehicles, wanted persons, and missing or endangered individuals. It can also provide investigative leads when a vehicle may be connected to a crime. An LPR alert does not establish that a person committed a crime. Information must be reviewed and verified by an officer before enforcement action is taken. LPR is one investigative tool that helps our officers respond more quickly and services as a force multiplier for our department. Our agency uses LPR technology (fixed sites and vehicle-mounted) with well-defined policies, controls, and oversight designed to ensure technology is used for legitimate law enforcement purposes and to protect against misuse. Access to the ALPR database is restricted to authorized personnel through individual user credentials and other access controls, while audit logs create a record of queries and allow NPD to identify and investigate potential misuse. Policies also establish requirements for data retention and sharing, security, training, and supervisory oversight.”

Naples Police said it has already begun planning to comply with the FDOT directive.

The Punta Gorda Police Department said it does not own or operate any stationary automated license plate reader cameras. The department said any stationary ALPR cameras within city limits would be owned and operated by the Charlotte County Sheriff’s Office. Punta Gorda Police said the FDOT memorandum would not directly require the department to remove any cameras. The department said the potential impact would be losing access to ALPR data from other agencies if cameras are removed.

The Collier County Sheriff’s Office said it did not have anyone available for an interview. The agency said, “As always, we will fully comply with the law and regulations.”