Florida Senate - 2015                       CS for CS for SB 248
       By the Committees on Governmental Oversight and Accountability;
       and Criminal Justice; and Senators Smith and Thompson
       585-02410-15                                           2015248c2
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; defining the terms “body camera” and
    4         “personal representative”; providing that a body
    5         camera recording is confidential and exempt from
    6         public records requirements under certain
    7         circumstances; providing exceptions; requiring a law
    8         enforcement agency to retain body camera recordings
    9         for at least a specified period; providing for
   10         retroactive application; providing for future
   11         legislative review and repeal of the exemption;
   12         providing a statement of public necessity; providing
   13         an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Paragraph (l) is added to subsection (2) of
   18  section 119.071, Florida Statutes, to read:
   19         119.071 General exemptions from inspection or copying of
   20  public records.—
   21         (2) AGENCY INVESTIGATIONS.—
   22         (l)1.As used in this paragraph, the term:
   23         a. “Body camera” means a portable electronic recording
   24  device that is worn on a law enforcement officer’s body and that
   25  records audio and video data of the officer’s activities.
   26         b. “Personal representative” means a parent of, a court
   27  appointed guardian of, or a person holding a power of attorney
   28  for a person recorded by a body camera, or an attorney for such
   29  person. If a person depicted in the recording is deceased, the
   30  term also means the personal representative of the estate of the
   31  deceased person; the deceased person’s surviving spouse, parent,
   32  or adult child; the parent or guardian of a surviving minor
   33  child of the deceased; or an attorney for such person.
   34         2. A body camera recording is confidential and exempt from
   35  s. 119.07(1) and s. 24 (a), Art. I of the state constitution if
   36  the recording:
   37         a. Is taken within the interior of a private residence;
   38         b. Is taken on the property of a facility that offers
   39  health care, mental health care, or social services;
   40         c. Is taken at the scene of a medical emergency;
   41         d. Is taken in a place where a person recorded or depicted
   42  in the recording has a reasonable expectation of privacy.
   43         3. A body camera recording, or a portion thereof, shall be
   44  disclosed by a law enforcement agency:
   45         a. In furtherance of its official duties and
   46  responsibilities;
   47         b. To another governmental agency in the furtherance of its
   48  official duties and responsibilities;
   49         c. Pursuant to a court order;
   50         d. To a person recorded by a body camera; however, a law
   51  enforcement agency may disclose only those portions that are
   52  relevant to the person’s presence in the recording; or
   53         e. To the personal representative of a person recorded by a
   54  body camera; however, a law enforcement agency may disclose only
   55  those portions that are relevant to the represented person’s
   56  presence in the recording.
   57         4.A law enforcement agency must retain a body camera
   58  recording for at least 90 days.
   59         5. The exemption provided in subparagraph 2. applies
   60  retroactively.
   61         6. This paragraph is subject to the Open Government Sunset
   62  Review Act in accordance with s. 119.15 and shall stand repealed
   63  on October 2, 2020, unless reviewed and saved from repeal
   64  through reenactment by the Legislature.
   65         Section 2. The Legislature finds that it is a public
   66  necessity that body camera recordings are confidential and
   67  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   68  Article I of the State Constitution. The Legislature finds that
   69  information recorded by body cameras is significantly more
   70  likely to capture highly sensitive personal information than
   71  other law enforcement recordings or documents. The Legislature
   72  finds that public disclosure of these recordings could have an
   73  undesirable chilling effect. People who know that they are being
   74  recorded by a body camera may be unwilling to fully cooperate
   75  with law enforcement officers if they know that a body camera
   76  recording can be made available to anyone in the public. People
   77  may also be less likely to call a law enforcement agency for
   78  services if their sensitive personal information or the
   79  circumstances that necessitate a law enforcement agency’s
   80  involvement are subject to public dissemination as a body camera
   81  recording. The Legislature also finds that body camera
   82  recordings could be used for criminal purposes if they were
   83  available upon request. This exemption from public records
   84  requirements allows law enforcement officers to more effectively
   85  and efficiently administer their duties, which would otherwise
   86  be significantly impaired. The Legislature finds that these
   87  concerns regarding the impact of the public records requirements
   88  for body camera recordings not only necessitate the exemption of
   89  the recordings from public records requirements but also
   90  outweigh any public benefit that may be derived from the
   91  disclosure of the recordings.
   92         Section 3. This act shall take effect July 1, 2015.