Florida Senate - 2011                                    SB 1310
       
       
       
       By Senator Oelrich
       
       
       
       
       14-00926-11                                           20111310__
    1                        A bill to be entitled                      
    2         An act relating to 911 emergency telephone calls;
    3         amending s. 365.171, F.S.; providing that any release
    4         of an oral recording of a 911 emergency transmission
    5         be digitally modified in order to protect the personal
    6         identity of any person requesting emergency services
    7         or reporting an emergency; providing an effective
    8         date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (12) of section 365.171, Florida
   13  Statutes, is amended to read:
   14         365.171 Emergency communications number E911 state plan.—
   15         (12) CONFIDENTIALITY OF RECORDS.—Any record, recording, or
   16  information, or portions thereof, obtained by a public agency or
   17  a public safety agency for the purpose of providing services in
   18  an emergency and which reveals the name, address, telephone
   19  number, or personal information about, or information which may
   20  identify any person requesting emergency service or reporting an
   21  emergency by accessing an emergency communications E911 system
   22  is confidential and exempt from the provisions of s. 119.07(1)
   23  and s. 24(a), Art. I of the State Constitution, except that such
   24  record or information may be disclosed to a public safety
   25  agency. The exemption applies only to the name, address,
   26  telephone number or personal information about, or information
   27  which may identify any person requesting emergency services or
   28  reporting an emergency while such information is in the custody
   29  of the public agency or public safety agency providing emergency
   30  services. If an oral recording of a 911 emergency transmission
   31  is requested, the recording shall be digitally modified in order
   32  to protect the personal identity of any person requesting
   33  emergency services or reporting an emergency. A
   34  telecommunications company or commercial mobile radio service
   35  provider shall not be liable for damages to any person resulting
   36  from or in connection with such telephone company’s or
   37  commercial mobile radio service provider’s provision of any
   38  lawful assistance to any investigative or law enforcement
   39  officer of the State of Florida or political subdivisions
   40  thereof, of the United States, or of any other state or
   41  political subdivision thereof, in connection with any lawful
   42  investigation or other law enforcement activity by such law
   43  enforcement officer unless the telecommunications company or
   44  commercial mobile radio service provider acted in a wanton and
   45  willful manner.
   46         Section 2. This act shall take effect July 1, 2011.