Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. CS for SB 248
Ì328126&Î328126
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/17/2015 .
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The Committee on Governmental Oversight and Accountability
(Ring) recommended the following:
1 Senate Substitute for Amendment (252982) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Paragraph (l) is added to subsection (2) of
7 section 119.071, Florida Statutes, to read:
8 119.071 General exemptions from inspection or copying of
9 public records.—
10 (2) AGENCY INVESTIGATIONS.—
11 (l)1. As used in this paragraph, the term:
12 a. “Body camera” means a portable electronic recording
13 device that is worn on a law enforcement officer’s body and that
14 records audio and video data of the officer’s activities.
15 b. “Personal representative” means a parent, a court
16 appointed guardian, or a person holding a power of attorney of a
17 person recorded by a body camera, or an attorney for such
18 person. If a person depicted in the recording is deceased, the
19 term also means the personal representative of the estate of the
20 deceased person; the deceased person’s surviving spouse, parent,
21 or adult child; the parent or guardian of a surviving minor
22 child of the deceased; or an attorney for such person.
23 2. A body camera recording is confidential and exempt from
24 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
25 3. A body camera recording, or a portion thereof, may be
26 disclosed by a law enforcement agency:
27 a. In furtherance of its official duties and
28 responsibilities;
29 b. To another governmental agency in the furtherance of its
30 official duties and responsibilities;
31 c. Pursuant to a court order;
32 d. To a person recorded by a body camera; however, a law
33 enforcement agency may disclose only the portions that are
34 relevant to the person’s presence in the recording; or
35 e. To the personal representative of a person recorded by a
36 body camera; however, a law enforcement agency may disclose only
37 the portions that are relevant to the represented person’s
38 presence in the recording.
39 4. A law enforcement agency must retain a body camera
40 recording for a minimum of 90 days.
41 5. The exemption provided in subparagraph 2. applies
42 retroactively.
43 6. This paragraph is subject to the Open Government Sunset
44 Review Act in accordance with s. 119.15 and shall stand repealed
45 on October 2, 2020, unless reviewed and saved from repeal
46 through reenactment by the Legislature.
47 Section 2. The Legislature finds that it is a public
48 necessity that body camera recordings are confidential and
49 exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
50 Article I of the State Constitution. The Legislature finds that
51 information recorded by body cameras is significantly more
52 likely to capture highly sensitive personal information than
53 other law enforcement recordings or documents. The Legislature
54 finds that public disclosure of these recordings could have an
55 undesirable chilling effect. People who know that they are being
56 recorded by a body camera may be unwilling to fully cooperate
57 with law enforcement officers if they know that a body camera
58 recording can be made available to anyone in the public. People
59 may also be less likely to call a law enforcement agency for
60 services if their sensitive personal information or the
61 circumstances that necessitate a law enforcement agency’s
62 involvement are subject to public dissemination as a body camera
63 recording. The Legislature also finds that body camera
64 recordings could be used for criminal purposes if they were
65 available upon request. This exemption from public records
66 requirements allows law enforcement officers to more effectively
67 and efficiently administer their duties, which would otherwise
68 be significantly impaired. The Legislature finds that these
69 concerns regarding the impact of the public records requirements
70 for body camera recordings not only necessitate the exemption of
71 the recordings from the public records requirements but also
72 outweigh any public benefit that may be derived from the
73 disclosure of the recordings.
74 Section 3. This act shall take effect July 1, 2015.
75 ================= T I T L E A M E N D M E N T ================
76 And the title is amended as follows:
77 Delete everything before the enacting clause
78 and insert:
79 A bill to be entitled
80 An act relating to public records; amending s.
81 119.071, F.S.; defining the terms “body camera” and
82 “personal representative”; providing that a body
83 camera recording made is confidential and exempt from
84 public records requirements; providing exceptions;
85 requiring a law enforcement agency to retain body
86 camera recordings for a minimum period; providing for
87 retroactive application; providing for future
88 legislative review and repeal of the exemption;
89 providing a statement of public necessity; providing
90 an effective date.