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2018 Florida Statutes

Title XLVII CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 943 DEPARTMENT OF LAW ENFORCEMENT Entire Chapter
SECTION 1718
Body cameras; policies and procedures.
F.S. 943.1718
943.1718 Body cameras; policies and procedures.—
(1) As used in this section, the term:
(a) “Body camera” means a portable electronic recording device that is worn on a law enforcement officer’s person that records audio and video data of the officer’s law-enforcement-related encounters and activities.
(b) “Law enforcement agency” means an agency that has a primary mission of preventing and detecting crime and enforcing the penal, criminal, traffic, and motor vehicle laws of the state and in furtherance of that primary mission employs law enforcement officers as defined in s. 943.10.
(c) “Law enforcement officer” has the same meaning as provided in s. 943.10.
(2) A law enforcement agency that permits its law enforcement officers to wear body cameras shall establish policies and procedures addressing the proper use, maintenance, and storage of body cameras and the data recorded by body cameras. The policies and procedures must include:
(a) General guidelines for the proper use, maintenance, and storage of body cameras.
(b) Any limitations on which law enforcement officers are permitted to wear body cameras.
(c) Any limitations on law-enforcement-related encounters and activities in which law enforcement officers are permitted to wear body cameras.
(d) A provision permitting a law enforcement officer using a body camera to review the recorded footage from the body camera, upon his or her own initiative or request, before writing a report or providing a statement regarding any event arising within the scope of his or her official duties. Any such provision may not apply to an officer’s inherent duty to immediately disclose information necessary to secure an active crime scene or to identify suspects or witnesses.
(e) General guidelines for the proper storage, retention, and release of audio and video data recorded by body cameras.
(3) A law enforcement agency that permits its law enforcement officers to wear body cameras shall:
(a) Ensure that all personnel who wear, use, maintain, or store body cameras are trained in the law enforcement agency’s policies and procedures concerning them.
(b) Ensure that all personnel who use, maintain, store, or release audio or video data recorded by body cameras are trained in the law enforcement agency’s policies and procedures.
(c) Retain audio and video data recorded by body cameras in accordance with the requirements of s. 119.021, except as otherwise provided by law.
(d) Perform a periodic review of actual agency body camera practices to ensure conformity with the agency’s policies and procedures.
(4) Chapter 934 does not apply to body camera recordings made by law enforcement agencies that elect to use body cameras.
History.—s. 1, ch. 2016-76; s. 1, ch. 2017-15.