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A bill to be entitled

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An act relating to a public-records exemption; creating s.

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812.178, F.S.; creating a public-records exemption for

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digital video security camera system recordings made under

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s. 812.177, F.S.; providing exceptions; providing for

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future review and repeal of the exemption; providing a

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statement of public necessity; providing a contingent

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 812.178, Florida Statutes, is created to

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read:

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     812.178 Digital video security camera system recordings;

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public-records exemption.--

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     (1)(a) Digital video security camera system recordings made

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under s. 812.177 and provided to a law enforcement agency or to

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any other governmental entity are confidential and exempt from s.

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119.07(1) and s. 24(a), Art. I of the State Constitution, except

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as provided in paragraph (b).

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     (b) The exemption in paragraph (a) does not apply to

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portions of such recordings admitted as evidence in any criminal

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or juvenile delinquency proceeding or released to the public as

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part of a criminal investigation or missing persons

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investigation.

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     (2) This section is subject to the Open Government Sunset

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Review Act in accordance with s. 119.15 and shall stand repealed

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on October 2, 2013, unless reviewed and saved from repeal through

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reenactment by the Legislature.

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     Section 2. The Legislature finds that it is a public

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necessity to make confidential and exempt from public-records

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requirements digital video security camera system recordings made

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under s. 812.177, Florida Statutes, and provided to a law

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enforcement agency or to any other governmental entity, except as

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provided in s. 812.178(1)(b), Florida Statutes. The Legislature

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finds that it is a public necessity to protect the privacy of

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persons appearing in business surveillance recordings when such

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persons are simply visiting a business subject to s. 812.177,

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Florida Statutes, and such visits are recorded as a matter of

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course by such business and subsequently provided to a law

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enforcement agency or other governmental entity. The Legislature

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finds that, consistent with s. 23, Art. I of the State

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Constitution, while the recording of the activities of business

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patrons is needed to deter crime and solve crimes, there is no

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public interest in the recordings of ordinary patrons of

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businesses where no criminal conduct is involved and that no

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public purpose would be served by providing the recordings of

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such ordinary business patrons to the public. Therefore, the

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Legislature finds that it is a public necessity to prevent the

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release of such recordings held by law enforcement agencies or

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other governmental entities, other than as provided in s.

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812.178(1)(b), Florida Statutes, and thereby makes such

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information confidential and exempt from the requirements of s.

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119.07(1), Florida Statutes, and s. 24(a), Art. I of the State

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Constitution.

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     Section 3.  This act shall take effect on the same date that

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SB ___ or similar legislation takes effect, if such legislation

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is adopted in the same legislative session or an extension

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thereof and becomes law.