Florida Senate - 2020                   (PROPOSED BILL) SPB 7032
       FOR CONSIDERATION By the Committee on Criminal Justice
       591-02072-20                                          20207032pb
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 119.071, F.S., which
    4         provides an exemption from public records requirements
    5         for body camera recordings obtained by law enforcement
    6         officers under certain circumstances; making editorial
    7         changes; removing the scheduled repeal of the
    8         exemption; providing an effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Paragraph (l) of subsection (2) of section
   13  119.071, Florida Statutes, is amended to read:
   14         119.071 General exemptions from inspection or copying of
   15  public records.—
   16         (2) AGENCY INVESTIGATIONS.—
   17         (l)1. As used in this paragraph, the term:
   18         a. “Body camera” means a portable electronic recording
   19  device that is worn on a law enforcement officer’s body and that
   20  records audio and video data in the course of the officer
   21  performing his or her official duties and responsibilities.
   22         b. “Law enforcement officer” has the same meaning as
   23  provided in s. 943.10.
   24         c. “Personal representative” means a parent, a court
   25  appointed guardian, an attorney, or an agent of, or a person
   26  holding a power of attorney for, a person recorded by a body
   27  camera. If a person depicted in the recording is deceased, the
   28  term also means the personal representative of the estate of the
   29  deceased person; the deceased person’s surviving spouse, parent,
   30  or adult child; the deceased person’s attorney or agent; or the
   31  parent or guardian of a surviving minor child of the deceased.
   32  An agent must possess written authorization of the recorded
   33  person to act on his or her behalf.
   34         2. A body camera recording, or a portion thereof, is
   35  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   36  of the State Constitution if the recording:
   37         a. Is taken within the interior of a private residence;
   38         b. Is taken within the interior of a facility that offers
   39  health care, mental health care, or social services; or
   40         c. Is taken in a place that a reasonable person would
   41  expect to be private.
   42         3. Notwithstanding subparagraph 2., a body camera
   43  recording, or a portion thereof, may be disclosed by a law
   44  enforcement agency:
   45         a. In furtherance of its official duties and
   46  responsibilities; or
   47         b. To another governmental agency in the furtherance of its
   48  official duties and responsibilities.
   49         4. Notwithstanding subparagraph 2., a body camera
   50  recording, or a portion thereof, shall be disclosed by a law
   51  enforcement agency:
   52         a. To a person recorded by a body camera; however, a law
   53  enforcement agency may disclose only those portions that are
   54  relevant to the person’s presence in the recording;
   55         b. To the personal representative of a person recorded by a
   56  body camera; however, a law enforcement agency may disclose only
   57  those portions that are relevant to the represented person’s
   58  presence in the recording;
   59         c. To a person not depicted in a body camera recording if
   60  the recording depicts a place in which the person lawfully
   61  resided, dwelled, or lodged at the time of the recording;
   62  however, a law enforcement agency may disclose only those
   63  portions that record the interior of such a place.
   64         d. Pursuant to a court order.
   65         (I) In addition to any other grounds the court may consider
   66  in determining whether to order that a body camera recording be
   67  disclosed, the court shall consider whether:
   68         (A) Disclosure is necessary to advance a compelling
   69  interest;
   70         (B) The recording contains information that is otherwise
   71  exempt or confidential and exempt under the law;
   72         (C) The person requesting disclosure is seeking to obtain
   73  evidence to determine legal issues in a case in which the person
   74  is a party;
   75         (D) Disclosure would reveal information regarding a person
   76  that is of a highly sensitive personal nature;
   77         (E) Disclosure may harm the reputation or jeopardize the
   78  safety of a person depicted in the recording;
   79         (F) Confidentiality is necessary to prevent a serious and
   80  imminent threat to the fair, impartial, and orderly
   81  administration of justice;
   82         (G) The recording could be redacted to protect privacy
   83  interests; and
   84         (H) There is good cause to disclose all or portions of a
   85  recording.
   86         (II) In any proceeding regarding the disclosure of a body
   87  camera recording, the law enforcement agency that made the
   88  recording shall be given reasonable notice of hearings and shall
   89  be given an opportunity to participate.
   90         5. A law enforcement agency must retain a body camera
   91  recording for at least 90 days.
   92         6. The exemption provided in subparagraph 2. applies
   93  retroactively.
   94         7. This exemption does not supersede any other public
   95  records exemption that existed before or is created after the
   96  effective date of this exemption. Those portions of a recording
   97  which are protected from disclosure by another public records
   98  exemption shall continue to be exempt or confidential and
   99  exempt.
  100         8.This paragraph is subject to the Open Government Sunset
  101  Review Act in accordance with s. 119.15 and shall stand repealed
  102  on October 2, 2020, unless reviewed and saved from repeal
  103  through reenactment by the Legislature.
  104         Section 2. This act shall take effect October 1, 2020.