| 1 | A bill to be entitled |
| 2 | An act relating to a public records exemption; creating |
| 3 | s. 812.178, F.S.; creating a public records exemption |
| 4 | for digital video security camera system recordings made |
| 5 | under s. 812.177, F.S.; providing exceptions; providing |
| 6 | for future review and repeal of the exemption; providing |
| 7 | a statement of public necessity; providing a contingent |
| 8 | effective date. |
| 9 |
|
| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
|
| 12 | Section 1. Section 812.178, Florida Statutes, is created |
| 13 | to read: |
| 14 | 812.178 Digital video security camera system recordings; |
| 15 | public records exemption.-- |
| 16 | (1)(a) Digital video security camera system recordings |
| 17 | made under s. 812.177 and provided to a law enforcement agency |
| 18 | or to any other governmental entity are confidential and |
| 19 | exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
| 20 | Constitution, except as provided in paragraph (b). |
| 21 | (b) The exemption in paragraph (a) does not apply to |
| 22 | portions of such recordings admitted as evidence in any |
| 23 | criminal or juvenile delinquency proceeding or released to the |
| 24 | public as part of a criminal investigation or missing persons |
| 25 | investigation. |
| 26 | (2) This section is subject to the Open Government |
| 27 | Sunset Review Act in accordance with s. 119.15 and shall stand |
| 28 | repealed on October 2, 2013, unless reviewed and saved from |
| 29 | repeal through reenactment by the Legislature. |
| 30 | Section 2. The Legislature finds that it is a public |
| 31 | necessity to make confidential and exempt from public records |
| 32 | requirements digital video security camera system recordings |
| 33 | made under s. 812.177, Florida Statutes, and provided to a law |
| 34 | enforcement agency or to any other governmental entity, except |
| 35 | as provided in s. 812.178(1)(b), Florida Statutes. The |
| 36 | Legislature finds that it is a public necessity to protect the |
| 37 | privacy of persons appearing in business surveillance |
| 38 | recordings when such persons are simply visiting a business |
| 39 | subject to s. 812.177, Florida Statutes, and such visits are |
| 40 | recorded as a matter of course by such business and |
| 41 | subsequently provided to a law enforcement agency or other |
| 42 | governmental entity. The Legislature finds that, consistent |
| 43 | with s. 23, Art. I of the State Constitution, while the |
| 44 | recording of the activities of business patrons is needed to |
| 45 | deter crime and solve crimes, there is no public interest in |
| 46 | the recordings of ordinary patrons of businesses where no |
| 47 | criminal conduct is involved and that no public purpose would |
| 48 | be served by providing the recordings of such ordinary |
| 49 | business patrons to the public. Therefore, the Legislature |
| 50 | finds that it is a public necessity to prevent the release of |
| 51 | such recordings held by law enforcement agencies or other |
| 52 | governmental entities, other than as provided in s. |
| 53 | 812.178(1)(b), Florida Statutes, and thereby makes such |
| 54 | information confidential and exempt from the requirements of |
| 55 | s. 119.07(1), Florida Statutes, and s. 24(a), Art. I of the |
| 56 | State Constitution. |
| 57 | Section 3. This act shall take effect on the same date |
| 58 | that HB 325 or similar legislation takes effect, if such |
| 59 | legislation is adopted in the same legislative session or an |
| 60 | extension thereof and becomes law. |