Florida Senate - 2015                   (PROPOSED BILL) SPB 7080
       
       
        
       FOR CONSIDERATION By the Committee on Criminal Justice
       
       
       
       
       
       591-03135-15                                          20157080pb
    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         permits 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 specified provisions relating to the
   19         interception of wire, electronic, and oral
   20         communications; providing an 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 and
   45  which records audio and video data of the officer’s law
   46  enforcement-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 permits 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  permitted to wear body cameras.
   63         (c) Any limitations on law enforcement-related encounters
   64  and activities under which law enforcement officers are
   65  permitted 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 permits 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 January 1, 2016.