HB 327

1
A bill to be entitled
2An act relating to a public records exemption; creating
3s. 812.178, F.S.; creating a public records exemption
4for digital video security camera system recordings made
5under s. 812.177, F.S.; providing exceptions; providing
6for future review and repeal of the exemption; providing
7a statement of public necessity; providing a contingent
8effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Section 812.178, Florida Statutes, is created
13to read:
14     812.178  Digital video security camera system recordings;
15public records exemption.--
16     (1)(a)  Digital video security camera system recordings
17made under s. 812.177 and provided to a law enforcement agency
18or to any other governmental entity are confidential and
19exempt from s. 119.07(1) and s. 24(a), Art. I of the State
20Constitution, except as provided in paragraph (b).
21     (b)  The exemption in paragraph (a) does not apply to
22portions of such recordings admitted as evidence in any
23criminal or juvenile delinquency proceeding or released to the
24public as part of a criminal investigation or missing persons
25investigation.
26     (2)  This section is subject to the Open Government
27Sunset Review Act in accordance with s. 119.15 and shall stand
28repealed on October 2, 2013, unless reviewed and saved from
29repeal through reenactment by the Legislature.
30     Section 2.  The Legislature finds that it is a public
31necessity to make confidential and exempt from public records
32requirements digital video security camera system recordings
33made under s. 812.177, Florida Statutes, and provided to a law
34enforcement agency or to any other governmental entity, except
35as provided in s. 812.178(1)(b), Florida Statutes. The
36Legislature finds that it is a public necessity to protect the
37privacy of persons appearing in business surveillance
38recordings when such persons are simply visiting a business
39subject to s. 812.177, Florida Statutes, and such visits are
40recorded as a matter of course by such business and
41subsequently provided to a law enforcement agency or other
42governmental entity. The Legislature finds that, consistent
43with s. 23, Art. I of the State Constitution, while the
44recording of the activities of business patrons is needed to
45deter crime and solve crimes, there is no public interest in
46the recordings of ordinary patrons of businesses where no
47criminal conduct is involved and that no public purpose would
48be served by providing the recordings of such ordinary
49business patrons to the public. Therefore, the Legislature
50finds that it is a public necessity to prevent the release of
51such recordings held by law enforcement agencies or other
52governmental entities, other than as provided in s.
53812.178(1)(b), Florida Statutes, and thereby makes such
54information confidential and exempt from the requirements of
55s. 119.07(1), Florida Statutes, and s. 24(a), Art. I of the
56State Constitution.
57     Section 3.  This act shall take effect on the same date
58that HB 325 or similar legislation takes effect, if such
59legislation is adopted in the same legislative session or an
60extension thereof and becomes law.


CODING: Words stricken are deletions; words underlined are additions.