THE BILL ITSELF
SB 1144
Recording of Protective Investigations
Florida Senate - 2026 SB 1144 By Senator Rodriguez 40-00250A-26 20261144__
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A bill to be entitled
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An act relating to the recording of protective
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investigations; amending s. 39.301, F.S.; requiring
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that interviews conducted pursuant to protective
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investigations be audio or video recorded; providing
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exceptions; providing that persons charged with
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certain criminal offenses do not have standing to
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object to an investigator’s failure to record such an
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interview; providing that an investigator’s failure to
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record such an interview is not grounds for precluding
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certain statements from certain proceedings; requiring
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the retention of certain recordings for a specified
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period; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (25) is added to section 39.301,
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Florida Statutes, to read:
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39.301 Initiation of protective investigations.—
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(25)(a) An interview conducted pursuant to this section
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must be audio or video recorded, using a body camera or other
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reasonable means of recording, except in any of the following
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circumstances:
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1. The recording equipment malfunctions, and the
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malfunction is not the result of a failure to maintain the
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equipment properly or to provide adequate supplies for the
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equipment.
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2. Due to circumstances that could not reasonably be
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foreseen by the investigator, he or she does not have the
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necessary recording equipment available.
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(b) A person who is charged with a criminal offense
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involving the abuse or neglect of a child does not have standing
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to object to an investigator’s failure to comply with paragraph
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(a). An investigator’s failure to comply with paragraph (a) is
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not grounds for precluding any statements made during an
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interview which are otherwise admissible in a legal proceeding,
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including a criminal or dependency proceeding.
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(c) A recording created pursuant to this section must be
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retained for at least 5 years.
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Section 2. This act shall take effect July 1, 2026.