Florida Senate - 2021                                     SB 732
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00235-21                                            2021732__
    1                        A bill to be entitled                      
    2         An act relating to body camera recordings by law
    3         enforcement officers; amending s. 119.071, F.S.;
    4         defining the term “critical incident”; requiring a law
    5         enforcement agency to disclose a body camera
    6         recording, or a portion thereof, which depicts a
    7         critical incident as soon as the recording ceases to
    8         be active criminal intelligence information or active
    9         criminal investigative information; increasing the
   10         minimum amount of time for which law enforcement
   11         agencies must retain body camera recordings; providing
   12         an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (l) of subsection (2) of section
   17  119.071, Florida Statutes, is amended to read:
   18         119.071 General exemptions from inspection or copying of
   19  public records.—
   20         (2) AGENCY INVESTIGATIONS.—
   21         (l)1. As used in this paragraph, the term:
   22         a. “Body camera” means a portable electronic recording
   23  device that is worn on a law enforcement officer’s body and that
   24  records audio and video data in the course of the officer
   25  performing his or her official duties and responsibilities.
   26         b. “Critical incident” means a body camera recording of any
   27  of the following circumstances:
   28         (I)A law enforcement officer discharging a firearm at
   29  another individual, regardless of whether the individual is
   30  injured; or
   31         (II)A law enforcement officer’s use of force resulting in
   32  the death or great bodily injury of another individual.
   33         c. “Law enforcement officer” has the same meaning as
   34  provided in s. 943.10.
   35         d.c. “Personal representative” means a parent, a court
   36  appointed guardian, an attorney, or an agent of, or a person
   37  holding a power of attorney for, a person recorded by a body
   38  camera. If a person depicted in the recording is deceased, the
   39  term also means the personal representative of the estate of the
   40  deceased person; the deceased person’s surviving spouse, parent,
   41  or adult child; the deceased person’s attorney or agent; or the
   42  parent or guardian of a surviving minor child of the deceased.
   43  An agent must possess written authorization of the recorded
   44  person to act on his or her behalf.
   45         2. A body camera recording, or a portion thereof, is
   46  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   47  of the State Constitution if the recording:
   48         a. Is taken within the interior of a private residence;
   49         b. Is taken within the interior of a facility that offers
   50  health care, mental health care, or social services; or
   51         c. Is taken in a place that a reasonable person would
   52  expect to be private.
   53         3. Notwithstanding subparagraph 2., a body camera
   54  recording, or a portion thereof, may be disclosed by a law
   55  enforcement agency:
   56         a. In furtherance of its official duties and
   57  responsibilities; or
   58         b. To another governmental agency in the furtherance of its
   59  official duties and responsibilities.
   60         4. Notwithstanding subparagraph 2., a body camera
   61  recording, or a portion thereof, shall be disclosed by a law
   62  enforcement agency:
   63         a. As soon as the recording ceases to be active criminal
   64  intelligence information or active criminal investigative
   65  information if the recording depicts a critical incident;
   66         b. To a person recorded by a body camera; however, a law
   67  enforcement agency may disclose only those portions that are
   68  relevant to the person’s presence in the recording;
   69         c.b. To the personal representative of a person recorded by
   70  a body camera; however, a law enforcement agency may disclose
   71  only those portions that are relevant to the represented
   72  person’s presence in the recording;
   73         d.c. To a person not depicted in a body camera recording if
   74  the recording depicts a place in which the person lawfully
   75  resided, dwelled, or lodged at the time of the recording;
   76  however, a law enforcement agency may disclose only those
   77  portions that record the interior of such a place; or.
   78         e.d. Pursuant to a court order.
   79         (I) In addition to any other grounds the court may consider
   80  in determining whether to order that a body camera recording be
   81  disclosed, the court shall consider whether:
   82         (A) Disclosure is necessary to advance a compelling
   83  interest;
   84         (B) The recording contains information that is otherwise
   85  exempt or confidential and exempt under the law;
   86         (C) The person requesting disclosure is seeking to obtain
   87  evidence to determine legal issues in a case in which the person
   88  is a party;
   89         (D) Disclosure would reveal information regarding a person
   90  that is of a highly sensitive personal nature;
   91         (E) Disclosure may harm the reputation or jeopardize the
   92  safety of a person depicted in the recording;
   93         (F) Confidentiality is necessary to prevent a serious and
   94  imminent threat to the fair, impartial, and orderly
   95  administration of justice;
   96         (G) The recording could be redacted to protect privacy
   97  interests; and
   98         (H) There is good cause to disclose all or portions of a
   99  recording.
  100         (II) In any proceeding regarding the disclosure of a body
  101  camera recording, the law enforcement agency that made the
  102  recording shall be given reasonable notice of hearings and shall
  103  be given an opportunity to participate.
  104         5. A law enforcement agency must retain a body camera
  105  recording for at least 365 90 days.
  106         6. The exemption provided in subparagraph 2. applies
  107  retroactively.
  108         7. This exemption does not supersede any other public
  109  records exemption that existed before or is created after the
  110  effective date of this exemption. Those portions of a recording
  111  which are protected from disclosure by another public records
  112  exemption shall continue to be exempt or confidential and
  113  exempt.
  114         Section 2. This act shall take effect July 1, 2021.