THE BILL ITSELF
HB 541
Pub. Rec./Code Inspector Body Camera Recordings
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A bill to be entitled
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An act relating to public records; amending s.
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119.0713, F.S.; providing definitions; providing an
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exemption from public records requirements for body
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camera recordings recorded by a code inspector under
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certain circumstances; providing exceptions; requiring
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a local government to retain body camera recordings
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for a specified period; providing for retroactive
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application; providing for future legislative review
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and repeal of the exemption; providing a statement of
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public necessity; providing a contingent effective
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date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (6) is added to section 119.0713,
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Florida Statutes, to read:
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119.0713 Local government agency exemptions from
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inspection or copying of public records.—
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(6)(a) As used in this subsection, the term:
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1. "Body camera" means a portable electronic recording
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device that is worn on a code inspector's body and that records
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audio and video data in the course of the performance of his or
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her official duties and responsibilities.
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2. "Code inspector" has the same meaning as in s.
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162.04(2).
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3. "Personal representative" means a parent, a court-
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appointed guardian, an attorney, an agent of, or a person
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holding a power of attorney for, a person recorded by a body
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camera. If the person depicted in the recording is deceased, the
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term also means the personal representative of the estate of the
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deceased person; the deceased person's surviving spouse, parent,
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or adult child; the deceased person's attorney or agent; or the
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parent or guardian of a surviving minor child of the deceased.
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An agent must possess written authorization of the recorded
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person to act on his or her behalf.
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(b) A body camera recording, or a portion thereof, is
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confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
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of the State Constitution if the recording:
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1. Is taken within the interior of a private residence;
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2. Is taken within the interior of a facility that offers
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health care, mental health care, or social services; or
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3. Is taken in a place that a reasonable person would
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expect to be private.
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(c) Notwithstanding paragraph (b), a body camera
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recording, or a portion thereof, may be disclosed by a local
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government:
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1. In furtherance of its official duties and
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responsibilities; or
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2. To another governmental agency in the furtherance of
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its official duties and responsibilities.
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(d) Notwithstanding paragraph (b), a body camera
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recording, or a portion thereof, must be disclosed by a local
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government:
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1. To a person recorded by a body camera; however, a local
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government may disclose only those portions that are relevant to
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the person's presence in the recording;
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2. To the personal representative of a person recorded by
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a body camera; however, a local government may disclose only
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those portions that are relevant to the represented person's
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presence in the recording;
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3. To a person not depicted in a body camera recording if
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the recording depicts a place in which the person lawfully
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resided, dwelled, or lodged at the time of the recording;
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however, a local government may disclose only those portions
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that record the interior of such a place; or
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4. Pursuant to a court order.
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a. In addition to any other grounds the court may consider
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in determining whether to order that a body camera recording be
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disclosed, the court shall consider whether:
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(I) Disclosure is necessary to advance a compelling
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interest;
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(II) The recording contains information that is otherwise
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exempt or confidential and exempt under the law;
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(III) The person requesting disclosure is seeking to
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obtain evidence to determine legal issues in a case in which the
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person is a party;
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(IV) Disclosure would reveal information regarding a
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person which is of a highly sensitive personal nature;
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(V) Disclosure may harm the reputation or jeopardize the
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safety of a person depicted in the recording;
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(VI) Confidentiality is necessary to prevent a serious and
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imminent threat to the fair, impartial, and orderly
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administration of justice;
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(VII) The recording could be redacted to protect privacy
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interests; and
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(VIII) There is good cause to disclose all or portions of
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a recording.
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b. In any proceeding regarding the disclosure of a body
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camera recording, the local government that made the recording
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must be given reasonable notice of hearings and an opportunity
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to participate.
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(e) A local government shall retain a body camera
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recording for at least 90 days.
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(f) The exemption provided in paragraph (b) applies
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retroactively.
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(g) This subsection does not supersede any other public
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records exemption that existed before or is created after the
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effective date of this exemption. Those portions of a recording
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which are protected from disclosure by another public records
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exemption continue to be exempt or confidential and exempt.
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(h) This subsection is subject to the Open Government
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Sunset Review Act in accordance with s. 119.15 and shall stand
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repealed on October 2, 2031, unless reviewed and saved from
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repeal through reenactment by the Legislature.
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Section 2. (1) The Legislature finds that it is a public
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necessity that the following types of body camera recordings
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recorded by a code inspector in the course of performing his or
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her official duties and responsibilities be made confidential
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and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
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Article I of the State Constitution:
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(a) Recordings taken within the interior of a private
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residence.
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(b) Recordings taken within the interior of a facility
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that offers health care, mental health care, or social services.
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(c) Recordings taken in a place that a reasonable person
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would expect to be private.
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(2) The Legislature recognizes that body cameras preserve
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information that has the potential to assist both code
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inspectors' and the public's ability to review the accuracy of
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code inspection work.
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(3) However, the Legislature also finds that, in certain
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instances, audio and video recorded by body cameras is
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significantly likely to capture highly sensitive personal
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information. The exemption of body camera recordings from public
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records requirements allows code inspectors to more effectively
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and efficiently administer their duties, which would otherwise
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be significantly impaired. The Legislature finds that the
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concerns regarding the impact of public records requirements for
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body camera recordings necessitate the exemption of the
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recordings from public records requirements and outweigh any
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public benefit that may be derived from such disclosure.
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Section 3. This act shall take effect on the same date
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that HB 539 or similar legislation takes effect, if such
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legislation is adopted in the same legislative session or an
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extension thereof and becomes a law.