Bill Text: FL S0248 | 2015 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public Records/Body Camera Recording Made by a Law Enforcement Officer

Spectrum:

Status: (Passed) 2015-05-22 - Chapter No. 2015-41 [S0248 Detail]

Download: Florida-2015-S0248-Comm_Sub.html

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       Florida Senate - 2015                              CS for SB 248
       
       
        
       By the Committee on Criminal Justice; and Senators Smith,
       Thompson, and Bullard
       
       
       
       
       591-01634-15                                           2015248c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing an exemption from public
    4         record requirements for an audio or video recording
    5         made by a law enforcement officer in the course of the
    6         officer performing his or her official duties and
    7         responsibilities, if the recording is taken within
    8         certain locations, shows a minor inside a school or on
    9         school property, or shows a child younger than 14
   10         years of age at any location; specifying how the
   11         exemption operates in relation to other exemptions
   12         that may apply to the recording; providing for future
   13         legislative review and repeal of the exemption under
   14         the Open Government Sunset Review Act; authorizing the
   15         law enforcement agency with custody over the recording
   16         to disclose the recording to another law enforcement
   17         agency in furtherance of that agency’s official duties
   18         and responsibilities; specifying persons who may
   19         inspect the recording; requiring a law enforcement
   20         agency to have a retention policy for audio or video
   21         recordings of not longer than 90 days; providing an
   22         exception; requiring a law enforcement agency to
   23         disclose its records retention policy for audio or
   24         video recordings; amending ss. 92.56, 119.011,
   25         119.0714, 784.046, 794.024, and 794.03, F.S.;
   26         conforming cross-references; providing a statement of
   27         public necessity; providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Paragraphs (g), (h), (i), (j), and (k) of
   32  subsection (2) of section 119.071, Florida Statutes, are
   33  redesignated as paragraphs (h), (i), (j), (k), and (l),
   34  respectively, and paragraph (g) is added to that subsection, to
   35  read:
   36         119.071 General exemptions from inspection or copying of
   37  public records.—
   38         (2) AGENCY INVESTIGATIONS.—
   39         (g)1. An audio or video recording made by a law enforcement
   40  officer in the course of the officer performing his or her
   41  official duties and responsibilities is exempt from 119.07(1)
   42  and s. 24(a), Art. 1 of the State Constitution, if the
   43  recording:
   44         a. Is taken within the interior of a private residence;
   45         b. Is taken on the property of a facility that offers
   46  health care, mental health care, or social services;
   47         c. Is taken at the scene of a medical emergency;
   48         d. Is taken in a place where a person recorded or depicted
   49  in the recording has a reasonable expectation of privacy; or
   50         e. Shows a child younger than 18 years of age inside a
   51  school, as defined in s. 1003.01, or on school property, as
   52  defined in s. 810.095, or shows a child younger than 14 years of
   53  age at any location.
   54         2. If the audio or video recording or a portion of such
   55  recording is exempt or confidential and exempt pursuant to
   56  another exemption in this section, that exemption applies and
   57  determines under which circumstances, if any, the recording or a
   58  portion of the recording may be disclosed to the public.
   59         3. This paragraph is subject to the Open Government Sunset
   60  Review Act in accordance with s. 119.15 and shall stand repealed
   61  on October 2, 2020, unless reviewed and saved from repeal
   62  through reenactment by the Legislature.
   63         4. The law enforcement agency having custody of an audio or
   64  video recording described in subparagraph 1. may disclose the
   65  recording to another law enforcement agency in furtherance of
   66  that agency’s official duties and responsibilities.
   67         5.a. In accordance with s. 119.07, the following persons
   68  may inspect an audio or video recording described in
   69  subparagraph 1.:
   70         (I.) A person recorded or depicted in the recording.
   71         (II.) The agent or attorney of a person recorded or
   72  depicted in the recording, if inspection is authorized by that
   73  person.
   74         (III.) A person not recorded or depicted in the recording,
   75  if inspection is authorized by all persons recorded or depicted
   76  in the recording.
   77         b. This subparagraph does not apply to information in the
   78  recording that is exempt or confidential and exempt pursuant to
   79  another provision of this section.
   80         6. A law enforcement agency under this paragraph must have
   81  a retention policy of not longer than 90 days for audio or video
   82  recordings unless the audio or video recording is part of an
   83  active criminal investigation or criminal intelligence operation
   84  or a court orders its retention for a longer period. A law
   85  enforcement agency must disclose its records retention policy
   86  for audio or video recordings under this paragraph.
   87         Section 2. Paragraph (a) of subsection (1) of section
   88  92.56, Florida Statutes, is amended to read:
   89         92.56 Judicial proceedings and court records involving
   90  sexual offenses and human trafficking.—
   91         (1)(a) The confidential and exempt status of criminal
   92  intelligence information or criminal investigative information
   93  made confidential and exempt pursuant to s. 119.071(2)(i) s.
   94  119.071(2)(h) must be maintained in court records pursuant to s.
   95  119.0714(1)(h) and in court proceedings, including testimony
   96  from witnesses.
   97         Section 3. Paragraph (c) of subsection (3) of section
   98  119.011, Florida Statutes, is amended to read:
   99         119.011 Definitions.—As used in this chapter, the term:
  100         (3)
  101         (c) “Criminal intelligence information” and “criminal
  102  investigative information” shall not include:
  103         1. The time, date, location, and nature of a reported
  104  crime.
  105         2. The name, sex, age, and address of a person arrested or
  106  of the victim of a crime except as provided in s. 119.071(2)(i)
  107  s. 119.071(2)(h).
  108         3. The time, date, and location of the incident and of the
  109  arrest.
  110         4. The crime charged.
  111         5. Documents given or required by law or agency rule to be
  112  given to the person arrested, except as provided in s.
  113  119.071(2)(i) s. 119.071(2)(h), and, except that the court in a
  114  criminal case may order that certain information required by law
  115  or agency rule to be given to the person arrested be maintained
  116  in a confidential manner and exempt from the provisions of s.
  117  119.07(1) until released at trial if it is found that the
  118  release of such information would:
  119         a. Be defamatory to the good name of a victim or witness or
  120  would jeopardize the safety of such victim or witness; and
  121         b. Impair the ability of a state attorney to locate or
  122  prosecute a codefendant.
  123         6. Informations and indictments except as provided in s.
  124  905.26.
  125         Section 4. Paragraph (h) of subsection (1) of section
  126  119.0714, Florida Statutes, is amended to read:
  127         119.0714 Court files; court records; official records.—
  128         (1) COURT FILES.—Nothing in this chapter shall be construed
  129  to exempt from s. 119.07(1) a public record that was made a part
  130  of a court file and that is not specifically closed by order of
  131  court, except:
  132         (h) Criminal intelligence information or criminal
  133  investigative information that is confidential and exempt as
  134  provided in s. 119.071(2)(i) s. 119.071(2)(h).
  135         Section 5. Paragraph (b) of subsection (4) of section
  136  784.046, Florida Statutes, is amended to read:
  137         784.046 Action by victim of repeat violence, sexual
  138  violence, or dating violence for protective injunction; dating
  139  violence investigations, notice to victims, and reporting;
  140  pretrial release violations; public records exemption.—
  141         (4)
  142         (b) The sworn petition must be in substantially the
  143  following form:
  144  
  145               PETITION FOR INJUNCTION FOR PROTECTION              
  146                   AGAINST REPEAT VIOLENCE, SEXUAL                 
  147                    VIOLENCE, OR DATING VIOLENCE                   
  148  
  149         Before me, the undersigned authority, personally appeared
  150  Petitioner ...(Name)..., who has been sworn and says that the
  151  following statements are true:
  152  
  153         1. Petitioner resides at ...(address)... (A petitioner for
  154  an injunction for protection against sexual violence may furnish
  155  an address to the court in a separate confidential filing if,
  156  for safety reasons, the petitioner requires the location of his
  157  or her current residence to be confidential pursuant to s.
  158  119.071(2)(k) s. 119.071(2)(j), Florida Statutes.)
  159         2. Respondent resides at ...(address)....
  160         3.a. Petitioner has suffered repeat violence as
  161  demonstrated by the fact that the respondent has:
  162         ...(enumerate incidents of violence)...
  163  
  164                  ................................                 
  165                  ................................                 
  166                  ................................                 
  167  
  168         b. Petitioner has suffered sexual violence as demonstrated
  169  by the fact that the respondent has: ...(enumerate incident of
  170  violence and include incident report number from law enforcement
  171  agency or attach notice of inmate release.)...
  172  
  173                  ................................                 
  174                  ................................                 
  175                  ................................                 
  176  
  177         c. Petitioner is a victim of dating violence and has
  178  reasonable cause to believe that he or she is in imminent danger
  179  of becoming the victim of another act of dating violence or has
  180  reasonable cause to believe that he or she is in imminent danger
  181  of becoming a victim of dating violence, as demonstrated by the
  182  fact that the respondent has: ...(list the specific incident or
  183  incidents of violence and describe the length of time of the
  184  relationship, whether it has been in existence during the last 6
  185  months, the nature of the relationship of a romantic or intimate
  186  nature, the frequency and type of interaction, and any other
  187  facts that characterize the relationship.)...
  188  
  189                  ................................                 
  190                  ................................                 
  191                  ................................                 
  192  
  193         4. Petitioner genuinely fears repeat violence by the
  194  respondent.
  195         5. Petitioner seeks: an immediate injunction against the
  196  respondent, enjoining him or her from committing any further
  197  acts of violence; an injunction enjoining the respondent from
  198  committing any further acts of violence; and an injunction
  199  providing any terms the court deems necessary for the protection
  200  of the petitioner and the petitioner’s immediate family,
  201  including any injunctions or directives to law enforcement
  202  agencies.
  203         Section 6. Subsection (1) of section 794.024, Florida
  204  Statutes, is amended to read:
  205         794.024 Unlawful to disclose identifying information.—
  206         (1) A public employee or officer who has access to the
  207  photograph, name, or address of a person who is alleged to be
  208  the victim of an offense described in this chapter, chapter 800,
  209  s. 827.03, s. 827.04, or s. 827.071 may not willfully and
  210  knowingly disclose it to a person who is not assisting in the
  211  investigation or prosecution of the alleged offense or to any
  212  person other than the defendant, the defendant’s attorney, a
  213  person specified in an order entered by the court having
  214  jurisdiction of the alleged offense, or organizations authorized
  215  to receive such information made exempt by s. 119.071(2)(i) s.
  216  119.071(2)(h), or to a rape crisis center or sexual assault
  217  counselor, as defined in s. 90.5035(1)(b), who will be offering
  218  services to the victim.
  219         Section 7. Section 794.03, Florida Statutes, is amended to
  220  read:
  221         794.03 Unlawful to publish or broadcast information
  222  identifying sexual offense victim.—No person shall print,
  223  publish, or broadcast, or cause or allow to be printed,
  224  published, or broadcast, in any instrument of mass communication
  225  the name, address, or other identifying fact or information of
  226  the victim of any sexual offense within this chapter, except as
  227  provided in s. 119.071(2)(i) s. 119.071(2)(h) or unless the
  228  court determines that such information is no longer confidential
  229  and exempt pursuant to s. 92.56. An offense under this section
  230  shall constitute a misdemeanor of the second degree, punishable
  231  as provided in s. 775.082 or s. 775.083.
  232         Section 8. The Legislature finds that it is a public
  233  necessity that an audio or video recording made by a law
  234  enforcement officer in the course of the officer performing his
  235  or her official duties and responsibilities be made exempt from
  236  the public records requirements of s. 119.07(1) and s. 24(a),
  237  Article I of the State Constitution, if the recording: is taken
  238  within the interior of a private residence; is taken on the
  239  property of a facility that offers health care, mental health
  240  care, or social services; is taken at the scene of a medical
  241  emergency; is taken at a place where a person recorded or
  242  depicted in the recording has a reasonable expectation of
  243  privacy; or shows a child younger than 18 years of age inside a
  244  school or on school property or a child younger than 14 years of
  245  age at any location. The Legislature finds that information
  246  recorded by these devices in these circumstances is
  247  significantly more likely to include highly sensitive personal
  248  information regarding the persons recorded than in other
  249  circumstances. The Legislature finds that public disclosure of
  250  these recordings could have an undesirable, chilling effect:
  251  persons who know sensitive personal information about them is
  252  being or may be recorded may be unwilling to cooperate with law
  253  enforcement officers and make calls for the services of law
  254  enforcement officers. In the case of minors, information about
  255  those minors could jeopardize their safety. The Legislature
  256  finds that these interests or concerns not only necessitate the
  257  exemption of the recordings but outweigh any public benefit that
  258  may be derived from their disclosure.
  259         Section 9. This act shall take effect July 1, 2015.