Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 248
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/17/2015           .                                

       The Committee on Governmental Oversight and Accountability
       (Ring) recommended the following:
    1         Senate Substitute for Amendment (252982) (with title
    2  amendment)
    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.