Bill Text: FL S7032 | 2020 | Regular Session | Introduced
Bill Title: OGSR/Body Camera Recordings Obtained by Law Enforcement Officers
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-03-09 - Laid on Table, refer to HB 7015 [S7032 Detail]
Download: Florida-2020-S7032-Introduced.html
Florida Senate - 2020 SB 7032 By the Committee on Criminal Justice 591-02255-20 20207032__ 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; abrogating the scheduled repeal of the 8 exemption; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 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. 1008.This paragraph is subject to the Open Government Sunset101Review Act in accordance with s. 119.15 and shall stand repealed102on October 2, 2020, unless reviewed and saved from repeal103through reenactment by the Legislature.104 Section 2. This act shall take effect October 1, 2020.