Florida Senate - 2017 SB 1448
By Senator Thurston
33-00479A-17 20171448__
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.071, F.S.; creating an exception to the amount of
4 time that a law enforcement agency is required to
5 retain body camera recordings if a specified complaint
6 is filed in a court of law or with the law enforcement
7 agency; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraph (l) of subsection (2) of section
12 119.071, Florida Statutes, is amended to read:
13 119.071 General exemptions from inspection or copying of
14 public records.—
15 (2) AGENCY INVESTIGATIONS.—
16 (l)1. As used in this paragraph, the term:
17 a. “Body camera” means a portable electronic recording
18 device that is worn on a law enforcement officer’s body and that
19 records audio and video data in the course of the officer
20 performing his or her official duties and responsibilities.
21 b. “Law enforcement officer” has the same meaning as
22 provided in s. 943.10.
23 c. “Personal representative” means a parent, a court
24 appointed guardian, an attorney, or an agent of, or a person
25 holding a power of attorney for, a person recorded by a body
26 camera. If a person depicted in the recording is deceased, the
27 term also means the personal representative of the estate of the
28 deceased person; the deceased person’s surviving spouse, parent,
29 or adult child; the deceased person’s attorney or agent; or the
30 parent or guardian of a surviving minor child of the deceased.
31 An agent must possess written authorization of the recorded
32 person to act on his or her behalf.
33 2. A body camera recording, or a portion thereof, is
34 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
35 of the State Constitution if the recording:
36 a. Is taken within the interior of a private residence;
37 b. Is taken within the interior of a facility that offers
38 health care, mental health care, or social services; or
39 c. Is taken in a place that a reasonable person would
40 expect to be private.
41 3. Notwithstanding subparagraph 2., a body camera recording
42 may be disclosed by a law enforcement agency:
43 a. In furtherance of its official duties and
44 responsibilities; or
45 b. To another governmental agency in the furtherance of its
46 official duties and responsibilities.
47 4. A body camera recording, or a portion thereof, shall be
48 disclosed by a law enforcement agency:
49 a. To a person recorded by a body camera; however, a law
50 enforcement agency may disclose only those portions that are
51 relevant to the person’s presence in the recording;
52 b. To the personal representative of a person recorded by a
53 body camera; however, a law enforcement agency may disclose only
54 those portions that are relevant to the represented person’s
55 presence in the recording;
56 c. To a person not depicted in a body camera recording if
57 the recording depicts a place in which the person lawfully
58 resided, dwelled, or lodged at the time of the recording;
59 however, a law enforcement agency may disclose only those
60 portions that record the interior of such a place.
61 d. Pursuant to a court order.
62 (I) In addition to any other grounds the court may consider
63 in determining whether to order that a body camera recording be
64 disclosed, the court shall consider whether:
65 (A) Disclosure is necessary to advance a compelling
66 interest;
67 (B) The recording contains information that is otherwise
68 exempt or confidential and exempt under the law;
69 (C) The person requesting disclosure is seeking to obtain
70 evidence to determine legal issues in a case in which the person
71 is a party;
72 (D) Disclosure would reveal information regarding a person
73 that is of a highly sensitive personal nature;
74 (E) Disclosure may harm the reputation or jeopardize the
75 safety of a person depicted in the recording;
76 (F) Confidentiality is necessary to prevent a serious and
77 imminent threat to the fair, impartial, and orderly
78 administration of justice;
79 (G) The recording could be redacted to protect privacy
80 interests; and
81 (H) There is good cause to disclose all or portions of a
82 recording.
83 (II) In any proceeding regarding the disclosure of a body
84 camera recording, the law enforcement agency that made the
85 recording shall be given reasonable notice of hearings and shall
86 be given an opportunity to participate.
87 5. A law enforcement agency must retain a body camera
88 recording for at least 90 days unless a complaint for which
89 there is a body camera recording is filed in a court of law or
90 with the law enforcement agency. In such case, the law
91 enforcement agency must retain the body camera recording for the
92 length of time that the complaint is open.
93 6. The exemption provided in subparagraph 2. applies
94 retroactively.
95 7. This exemption does not supersede any other public
96 records exemption that existed before or is created after the
97 effective date of this exemption. Those portions of a recording
98 which are protected from disclosure by another public records
99 exemption shall continue to be exempt or confidential and
100 exempt.
101 8. This paragraph is subject to the Open Government Sunset
102 Review Act in accordance with s. 119.15 and shall stand repealed
103 on October 2, 2020, unless reviewed and saved from repeal
104 through reenactment by the Legislature.
105 Section 2. This act shall take effect July 1, 2017.