Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 248
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2015           .                                

       The Committee on Rules (Gibson) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (l) is added to subsection (2) of
    6  section 119.071, Florida Statutes, to read:
    7         119.071 General exemptions from inspection or copying of
    8  public records.—
    9         (2) AGENCY INVESTIGATIONS.—
   10         (l)1.As used in this paragraph, the term:
   11         a. “Body camera” means a portable electronic recording
   12  device that is worn on a law enforcement officer’s body and that
   13  records audio and video data in the course of the officer
   14  performing his or her official duties and responsibilities.
   15         b.“Law enforcement officer” has the same meaning as
   16  provided in s. 943.10.
   17         c.“Personal representative” means a parent , a court
   18  appointed guardian, an attorney, or an agent of, or a person
   19  holding a power of attorney for, a person recorded by a body
   20  camera. If a person depicted in the recording is deceased, the
   21  term also means the personal representative of the estate of the
   22  deceased person; the deceased person’s surviving spouse, parent,
   23  or adult child; the deceased person’s attorney or agent; or the
   24  parent or guardian of a surviving minor child of the deceased.
   25  An agent must possess written authorization of the recorded
   26  person to act on his or her behalf.
   27         2. A body camera recording, or a portion thereof, is
   28  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   29  of the State Constitution if the recording:
   30         a. Is taken within the interior of a private residence;
   31         b. Is taken within the interior of a facility that offers
   32  health care, mental health care, or social services;
   33         c. Is taken at the scene of a medical emergency involving a
   34  death or involving an injury that requires transport to a
   35  medical facility; or
   36         d.Is taken in a place that a reasonable person would
   37  expect to be private.
   38         3. Notwithstanding subparagraph 2., a body camera recording
   39  may be disclosed by a law enforcement agency:
   40         a. In furtherance of its official duties and
   41  responsibilities; or
   42         b. To another governmental agency in the furtherance of its
   43  official duties and responsibilities.
   44         4.A body camera recording, or a portion thereof, shall be
   45  disclosed by a law enforcement agency:
   46         a. To a person recorded by a body camera; however, a law
   47  enforcement agency may disclose only those portions that are
   48  relevant to the person’s presence in the recording;
   49         b. To the personal representative of a person recorded by a
   50  body camera; however, a law enforcement agency may disclose only
   51  those portions that are relevant to the represented person’s
   52  presence in the recording;
   53         c.To a person not depicted in a body camera recording if
   54  the recording depicts a place in which the person lawfully
   55  resided, dwelled, or lodged at the time of the recording;
   56  however, a law enforcement agency may disclose only those
   57  portions that record the interior of such a place.
   58         d. Pursuant to a court order.
   59         (I)In addition to any other grounds the court may consider
   60  in determining whether to order that a body camera recording be
   61  disclosed, the court shall consider whether:
   62         (A)Disclosure is necessary to advance a compelling
   63  interest;
   64         (B)The recording contains information that is otherwise
   65  exempt or confidential and exempt under the law;
   66         (C)The person requesting disclosure is seeking to obtain
   67  evidence to determine legal issues in a case in which the person
   68  is a party;
   69         (D)Disclosure would reveal information regarding a person
   70  that is of a highly sensitive personal nature;
   71         (E)Disclosure may harm the reputation or jeopardize the
   72  safety of a person depicted in the recording;
   73         (F)Confidentiality is necessary to prevent a serious and
   74  imminent threat to the fair, impartial, and orderly
   75  administration of justice;
   76         (G)The recording could be redacted to protect privacy
   77  interests; and
   78         (H)There is good cause to disclose all or portions of a
   79  recording.
   80         (II)In any proceeding regarding the disclosure of a body
   81  camera recording, the law enforcement agency that made the
   82  recording shall be given reasonable notice of hearings and shall
   83  be given an opportunity to participate.
   84         5.A law enforcement agency must retain a body camera
   85  recording for at least 90 days.
   86         6. The exemption provided in subparagraph 2. applies
   87  retroactively.
   88         7. This exemption does not supersede any other public
   89  records exemption that existed before or is created after the
   90  effective date of this exemption. Those portions of a recording
   91  which are protected from disclosure by another public records
   92  exemption shall continue to be exempt or confidential and
   93  exempt.
   94         8. This paragraph is subject to the Open Government Sunset
   95  Review Act in accordance with s. 119.15 and shall stand repealed
   96  on October 2, 2020, unless reviewed and saved from repeal
   97  through reenactment by the Legislature.
   98         Section 2.(1) The Legislature finds that it is a public
   99  necessity that the following types of body camera recordings are
  100  made confidential and exempt from s. 119.07(1), Florida
  101  Statutes, and s. 24(a), Article I of the State Constitution:
  102  recordings taken within the interior of a private residence;
  103  recordings taken within the interior of a facility that offers
  104  health care, mental health care, or social services; recordings
  105  taken at the scene of a medical emergency involving a death or
  106  involving an injury that requires transport to a medical
  107  facility; and recordings taken in a place that a reasonable
  108  person would expect to be private.
  109         (2) The Legislature recognizes the increased prevalence of
  110  body cameras being used by law enforcement officers. Body
  111  cameras preserve information in an objective manner that
  112  enhances the ability of both law enforcement officers and the
  113  public to review the circumstances surrounding an event in which
  114  law enforcement intervention occurs. The availability of readily
  115  observable and candid recordings increases transparency and
  116  public confidence in law enforcement officers.
  117         (3) However, the Legislature also finds that, in certain
  118  instances, audio and video recorded by body cameras is
  119  significantly more likely to capture highly sensitive personal
  120  information than other types of law enforcement recordings or
  121  documents. The Legislature finds that public disclosure of these
  122  recordings could have an undesirable chilling effect. People who
  123  know they are being recorded by a body camera may be unwilling
  124  to cooperate fully with law enforcement officers if they know
  125  that a body camera recording can be made publicly available to
  126  anyone else. People may also be less likely to call a law
  127  enforcement agency for services if their sensitive personal
  128  information or the circumstances that necessitate a law
  129  enforcement agency’s involvement are subject to public
  130  dissemination as a body camera recording. The Legislature also
  131  finds that body camera recordings could be used for criminal
  132  purposes if they were available upon request. This exemption
  133  from public records requirements allows law enforcement officers
  134  to more effectively and efficiently administer their duties,
  135  which would otherwise be significantly impaired. The Legislature
  136  finds that these concerns regarding the impact of the public
  137  records requirements for body camera recordings not only
  138  necessitate the exemption of the recordings from public records
  139  requirements, but also outweigh any public benefit that may be
  140  derived from their disclosure.
  141         Section 3. This act shall take effect July 1, 2015.
  143  ================= T I T L E  A M E N D M E N T ================
  144  And the title is amended as follows:
  145         Delete everything before the enacting clause
  146  and insert:
  147                        A bill to be entitled                      
  148         An act relating to public records; amending s.
  149         119.071, F.S.; defining the terms “body camera,” “law
  150         enforcement officer,” and “personal representative”;
  151         providing that a body camera recording is confidential
  152         and exempt from public records requirements under
  153         certain circumstances; providing exceptions; requiring
  154         a law enforcement agency to retain body camera
  155         recordings for at least a specified period; providing
  156         for retroactive application; providing for future
  157         legislative review and repeal of the exemption;
  158         providing a statement of public necessity; providing
  159         an effective date.