Florida Senate - 2015                CS for CS for CS for SB 248
       By the Committees on Rules; Governmental Oversight and
       Accountability; and Criminal Justice; and Senators Smith and
       595-03386-15                                           2015248c3
    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,” “law
    4         enforcement officer,” and “personal representative”;
    5         providing that a body camera recording is confidential
    6         and exempt from public records requirements under
    7         certain circumstances; providing exceptions; requiring
    8         a law enforcement agency to retain body camera
    9         recordings for at least a specified period; providing
   10         for 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 in the course of the officer
   26  performing his or her official duties and responsibilities.
   27         b.“Law enforcement officer” has the same meaning as
   28  provided in s. 943.10.
   29         c.“Personal representative” means a parent , a court
   30  appointed guardian, an attorney, or an agent of, or a person
   31  holding a power of attorney for, a person recorded by a body
   32  camera. If a person depicted in the recording is deceased, the
   33  term also means the personal representative of the estate of the
   34  deceased person; the deceased person’s surviving spouse, parent,
   35  or adult child; the deceased person’s attorney or agent; or the
   36  parent or guardian of a surviving minor child of the deceased.
   37  An agent must possess written authorization of the recorded
   38  person to act on his or her behalf.
   39         2. A body camera recording, or a portion thereof, is
   40  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   41  of the State Constitution if the recording:
   42         a. Is taken within the interior of a private residence;
   43         b. Is taken within the interior of a facility that offers
   44  health care, mental health care, or social services;
   45         c. Is taken at the scene of a medical emergency involving a
   46  death or involving an injury that requires transport to a
   47  medical facility; or
   48         d.Is taken in a place that a reasonable person would
   49  expect to be private.
   50         3. Notwithstanding subparagraph 2., a body camera recording
   51  may be disclosed by a law enforcement agency:
   52         a. In furtherance of its official duties and
   53  responsibilities; or
   54         b. To another governmental agency in the furtherance of its
   55  official duties and responsibilities.
   56         4.A body camera recording, or a portion thereof, shall be
   57  disclosed by a law enforcement agency:
   58         a. To a person recorded by a body camera; however, a law
   59  enforcement agency may disclose only those portions that are
   60  relevant to the person’s presence in the recording;
   61         b. To the personal representative of a person recorded by a
   62  body camera; however, a law enforcement agency may disclose only
   63  those portions that are relevant to the represented person’s
   64  presence in the recording;
   65         c.To a person not depicted in a body camera recording if
   66  the recording depicts a place in which the person lawfully
   67  resided, dwelled, or lodged at the time of the recording;
   68  however, a law enforcement agency may disclose only those
   69  portions that record the interior of such a place.
   70         d. Pursuant to a court order.
   71         (I)In addition to any other grounds the court may consider
   72  in determining whether to order that a body camera recording be
   73  disclosed, the court shall consider whether:
   74         (A)Disclosure is necessary to advance a compelling
   75  interest;
   76         (B)The recording contains information that is otherwise
   77  exempt or confidential and exempt under the law;
   78         (C)The person requesting disclosure is seeking to obtain
   79  evidence to determine legal issues in a case in which the person
   80  is a party;
   81         (D)Disclosure would reveal information regarding a person
   82  that is of a highly sensitive personal nature;
   83         (E)Disclosure may harm the reputation or jeopardize the
   84  safety of a person depicted in the recording;
   85         (F)Confidentiality is necessary to prevent a serious and
   86  imminent threat to the fair, impartial, and orderly
   87  administration of justice;
   88         (G)The recording could be redacted to protect privacy
   89  interests; and
   90         (H)There is good cause to disclose all or portions of a
   91  recording.
   92         (II)In any proceeding regarding the disclosure of a body
   93  camera recording, the law enforcement agency that made the
   94  recording shall be given reasonable notice of hearings and shall
   95  be given an opportunity to participate.
   96         5.A law enforcement agency must retain a body camera
   97  recording for at least 90 days.
   98         6. The exemption provided in subparagraph 2. applies
   99  retroactively.
  100         7. This exemption does not supersede any other public
  101  records exemption that existed before or is created after the
  102  effective date of this exemption. Those portions of a recording
  103  which are protected from disclosure by another public records
  104  exemption shall continue to be exempt or confidential and
  105  exempt.
  106         8. This paragraph is subject to the Open Government Sunset
  107  Review Act in accordance with s. 119.15 and shall stand repealed
  108  on October 2, 2020, unless reviewed and saved from repeal
  109  through reenactment by the Legislature.
  110         Section 2.(1) The Legislature finds that it is a public
  111  necessity that the following types of body camera recordings are
  112  made confidential and exempt from s. 119.07(1), Florida
  113  Statutes, and s. 24(a), Article I of the State Constitution:
  114  recordings taken within the interior of a private residence;
  115  recordings taken within the interior of a facility that offers
  116  health care, mental health care, or social services; recordings
  117  taken at the scene of a medical emergency involving a death or
  118  involving an injury that requires transport to a medical
  119  facility; and recordings taken in a place that a reasonable
  120  person would expect to be private.
  121         (2) The Legislature recognizes the increased prevalence of
  122  body cameras being used by law enforcement officers. Body
  123  cameras preserve information in an objective manner that
  124  enhances the ability of both law enforcement officers and the
  125  public to review the circumstances surrounding an event in which
  126  law enforcement intervention occurs. The availability of readily
  127  observable and candid recordings increases transparency and
  128  public confidence in law enforcement officers.
  129         (3) However, the Legislature also finds that, in certain
  130  instances, audio and video recorded by body cameras is
  131  significantly more likely to capture highly sensitive personal
  132  information than other types of law enforcement recordings or
  133  documents. The Legislature finds that public disclosure of these
  134  recordings could have an undesirable chilling effect. People who
  135  know they are being recorded by a body camera may be unwilling
  136  to cooperate fully with law enforcement officers if they know
  137  that a body camera recording can be made publicly available to
  138  anyone else. People may also be less likely to call a law
  139  enforcement agency for services if their sensitive personal
  140  information or the circumstances that necessitate a law
  141  enforcement agency’s involvement are subject to public
  142  dissemination as a body camera recording. The Legislature also
  143  finds that body camera recordings could be used for criminal
  144  purposes if they were available upon request. This exemption
  145  from public records requirements allows law enforcement officers
  146  to more effectively and efficiently administer their duties,
  147  which would otherwise be significantly impaired. The Legislature
  148  finds that these concerns regarding the impact of the public
  149  records requirements for body camera recordings not only
  150  necessitate the exemption of the recordings from public records
  151  requirements, but also outweigh any public benefit that may be
  152  derived from their disclosure.
  153         Section 3. This act shall take effect July 1, 2015.