Florida Senate - 2016 SB 418 By Senator Smith 31-00493-16 2016418__ 1 A bill to be entitled 2 An act relating to law enforcement officer body 3 cameras; creating s. 943.1718, F.S.; providing 4 definitions; requiring a law enforcement agency that 5 authorizes its law enforcement officers to wear body 6 cameras to establish policies and procedures 7 addressing the proper use, maintenance, and storage of 8 body cameras and the data recorded by body cameras; 9 requiring such policies and procedures to include 10 specified information; requiring such a law 11 enforcement agency to ensure that specified personnel 12 are trained in the law enforcement agency’s policies 13 and procedures; requiring that data recorded by body 14 cameras be retained in accordance with specified 15 requirements; requiring a periodic review of agency 16 body camera practices to ensure conformity with the 17 agency’s policies and procedures; exempting the 18 recordings from ch. 934, F.S., relating to security of 19 communications and surveillance; providing an 20 effective date. 21 22 WHEREAS, advancements in technology allow body cameras to 23 be affordable and practical tools for law enforcement use, and 24 WHEREAS, body cameras can provide a valuable source of 25 information to both law enforcement and the general public, and 26 WHEREAS, the audio and video recording of police and 27 citizen interactions allows law enforcement agencies to improve 28 efforts to reduce crime and properly address citizen complaints, 29 and 30 WHEREAS, establishing uniform procedural requirements for 31 the use of body cameras by law enforcement will provide 32 consistency and reliability throughout the state, and 33 WHEREAS, there are currently no statewide mandatory and 34 uniform standards or guidelines that apply to use of body 35 cameras by law enforcement officers, NOW, THEREFORE, 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1. Section 943.1718, Florida Statutes, is created 40 to read: 41 943.1718 Body cameras; policies and procedures.— 42 (1) As used in this section, the term: 43 (a) “Body camera” means a portable electronic recording 44 device that is worn on a law enforcement officer’s person that 45 records audio and video data of the officer’s law-enforcement 46 related encounters and activities. 47 (b) “Law enforcement agency” means an agency that has a 48 primary mission of preventing and detecting crime and enforcing 49 the penal, criminal, traffic, and motor vehicle laws of the 50 state and in furtherance of that primary mission employs law 51 enforcement officers as defined in s. 943.10. 52 (c) “Law enforcement officer” has the same meaning as 53 provided in s. 943.10. 54 (2) A law enforcement agency that authorizes its law 55 enforcement officers to wear body cameras shall establish 56 policies and procedures addressing the proper use, maintenance, 57 and storage of body cameras and the data recorded by body 58 cameras. The policies and procedures must include: 59 (a) General guidelines for the proper use, maintenance, and 60 storage of body cameras. 61 (b) Any limitations on which law enforcement officers are 62 authorized to wear body cameras. 63 (c) Any limitations on law-enforcement-related encounters 64 and activities in which law enforcement officers are authorized 65 to wear body cameras. 66 (d) General guidelines for the proper storage, retention, 67 and release of audio and video data recorded by body cameras. 68 (3) A law enforcement agency that authorizes its law 69 enforcement officers to wear body cameras shall: 70 (a) Ensure that all personnel who wear, use, maintain, or 71 store body cameras are trained in the law enforcement agency’s 72 policies and procedures concerning them. 73 (b) Ensure that all personnel who use, maintain, store, or 74 release audio or video data recorded by body cameras are trained 75 in the law enforcement agency’s policies and procedures. 76 (c) Retain audio and video data recorded by body cameras in 77 accordance with the requirements of s. 119.021, except as 78 otherwise provided by law. 79 (d) Perform a periodic review of actual agency body camera 80 practices to ensure conformity with the agency’s policies and 81 procedures. 82 (4) Chapter 934 does not apply to body camera recordings 83 made by law enforcement agencies that elect to use body cameras. 84 Section 2. This act shall take effect upon becoming a law.