THE BILL ITSELF
HB 539
Code Inspector Body Cameras
1
A bill to be entitled
2
An act relating to code inspector body cameras;
3
creating s. 162.41, F.S.; providing definitions;
4
requiring a governmental entity that authorizes its
5
code inspectors to use body cameras to establish
6
certain policies and procedures; establishing certain
7
requirements for such governmental entities; amending
8
s. 934.03, F.S.; conforming a cross-reference;
9
prohibiting code inspectors or persons acting under
10
the direction of a special magistrate or code
11
enforcement board from intercepting certain
12
communications under certain circumstances; amending
13
s. 934.09, F.S.; conforming a cross-reference;
14
providing an effective date.
16
Be It Enacted by the Legislature of the State of Florida:
18
Section 1. Section 162.41, Florida Statutes, is created to
19
read:
20
162.41 Code inspector body cameras; policies and
21
procedures.—
22
(1) As used in this section, the term:
23
(a) "Body camera" means a portable electronic recording
24
device that is worn on a code inspector's person and that
25
records audio and video data of the code inspector's encounters
26
and activities.
27
(b) "Code inspector" has the same meaning as provided in
28
s. 162.04(2).
29
(2) A governmental entity that authorizes its code
30
inspectors to use body cameras must establish policies and
31
procedures addressing the proper use, maintenance, and storage
32
of body cameras and the data recorded by body cameras. The
33
policies and procedures must include:
34
(a) Any limitations on code inspectors who are allowed to
35
use body cameras.
36
(b) Any limitations on code enforcement-related encounters
37
and activities in which code inspectors are allowed to use body
38
cameras.
39
(c) General guidelines for the proper storage, retention,
40
and release of audio and video data recorded by body cameras.
41
(3) A governmental entity that authorizes its code
42
inspectors to use body cameras shall:
43
(a) Ensure that all code inspectors who use, maintain, or
44
store body cameras are trained in the governmental entity's body
45
camera policies and procedures.
46
(b) Retain audio and video data recorded by body cameras
47
in accordance with the requirements of s. 119.021, except as
48
otherwise provided by law.
49
(c) Perform a periodic review of actual body camera
50
practices to ensure conformity with the governmental entity's
51
body camera policies and procedures.
52
Section 2. Subsection (4) of section 934.03, Florida
53
Statutes, is renumbered as subsection (5), subsection (1) is
54
amended, and subsection (4) is added to that section, to read:
55
934.03 Interception and disclosure of wire, oral, or
56
electronic communications prohibited.—
57
(1) Except as otherwise specifically provided in this
58
chapter, any person who:
59
(a) Intentionally intercepts, endeavors to intercept, or
60
procures any other person to intercept or endeavor to intercept
61
any wire, oral, or electronic communication;
62
(b) Intentionally uses, endeavors to use, or procures any
63
other person to use or endeavor to use any electronic,
64
mechanical, or other device to intercept any oral communication
65
when:
66
1. Such device is affixed to, or otherwise transmits a
67
signal through, a wire, cable, or other like connection used in
68
wire communication; or
69
2. Such device transmits communications by radio or
70
interferes with the transmission of such communication;
71
(c) Intentionally discloses, or endeavors to disclose, to
72
any other person the contents of any wire, oral, or electronic
73
communication, knowing or having reason to know that the
74
information was obtained through the interception of a wire,
75
oral, or electronic communication in violation of this
76
subsection;
77
(d) Intentionally uses, or endeavors to use, the contents
78
of any wire, oral, or electronic communication, knowing or
79
having reason to know that the information was obtained through
80
the interception of a wire, oral, or electronic communication in
81
violation of this subsection; or
82
(e) Intentionally discloses, or endeavors to disclose, to
83
any other person the contents of any wire, oral, or electronic
84
communication intercepted by means authorized by subparagraph
85
(2)(a)2., paragraph (2)(b), paragraph (2)(c), s. 934.07, or s.
86
934.09 when that person knows or has reason to know that the
87
information was obtained through the interception of such a
88
communication in connection with a criminal investigation, has
89
obtained or received the information in connection with a
90
criminal investigation, and intends to improperly obstruct,
91
impede, or interfere with a duly authorized criminal
92
investigation;
94
shall be punished as provided in subsection (5) (4).
95
(4) It is lawful under this section and ss. 934.04–934.09
96
for a code inspector, as defined in 162.04(2), or a person
97
acting under the direction of a special magistrate or code
98
enforcement board to intercept a wire, oral, or electronic
99
communication if such code inspector or person is a party to the
100
communication or one of the parties to the communication has
101
given prior consent to such interception and the purpose of such
102
interception is to obtain evidence of a violation of a code, an
103
ordinance, or a general law.
104
Section 3. Subsection (7) of section 934.09, Florida Statutes, is amended to read:
106
934.09 Procedure for interception of wire, oral, or
107
electronic communications.—
108
(7) Notwithstanding any other provision of this chapter,
109
any investigative or law enforcement officer specially
110
designated by the Governor, the Attorney General, the statewide
111
prosecutor, or a state attorney acting under this chapter, who
112
reasonably determines that:
113
(a) An emergency exists that:
114
1. Involves immediate danger of death or serious physical
115
injury to any person, the danger of escape of a prisoner, or
116
conspiratorial activities threatening the security interest of
117
the nation or state; and
118
2. Requires that a wire, oral, or electronic communication
119
be intercepted before an order authorizing such interception
120
can, with due diligence, be obtained; and
121
(b) There are grounds upon which an order could be entered
122
under this chapter to authorize such interception
124
may intercept such wire, oral, or electronic communication if an
125
application for an order approving the interception is made in
126
accordance with this section within 48 hours after the
127
interception has occurred or begins to occur. In the absence of
128
an order, such interception shall immediately terminate when the
129
communication sought is obtained or when the application for the
130
order is denied, whichever is earlier. If such application for
131
approval is denied, or in any other case in which the
132
interception is terminated without an order having been issued,
133
the contents of any wire, oral, or electronic communication
134
intercepted shall be treated as having been obtained in
135
violation of s. 934.03(5) s. 934.03(4), and an inventory shall
136
be served as provided for in paragraph (8)(e) on the person
137
named in the application.
138
Section 4. This act shall take effect July 1, 2026.