Florida Senate - 2025                                    SB 1106
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-01981-25                                           20251106__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.0713, F.S.; defining terms; providing an exemption
    4         from public records requirements for body camera
    5         recordings recorded by a code inspector under certain
    6         circumstances; providing exceptions; requiring a local
    7         government to retain body camera recordings for a
    8         specified period; providing for retroactive
    9         application; providing for future legislative review
   10         and repeal of the exemption; providing a statement of
   11         public necessity; providing a contingent effective
   12         date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (6) is added to section 119.0713,
   17  Florida Statutes, to read:
   18         119.0713 Local government agency exemptions from inspection
   19  or copying of public records.—
   20         (6)(a) As used in this subsection, the term:
   21         1. “Body camera” means a portable electronic recording
   22  device that is worn on a code inspector’s body and that records
   23  audio and video data in the course of the performance of his or
   24  her official duties and responsibilities.
   25         2. “Code inspector” has the same meaning as in s.
   26  162.04(2).
   27         3. “Personal representative” means a parent, a court
   28  appointed guardian, an attorney, or an agent of, or a person
   29  holding a power of attorney for, a person recorded by a body
   30  camera. If a person depicted in the recording is deceased, the
   31  term also means the personal representative of the estate of the
   32  deceased person; the deceased person’s surviving spouse, parent,
   33  or adult child; the deceased person’s attorney or agent; or the
   34  parent or guardian of a surviving minor child of the deceased.
   35  An agent must possess written authorization of the recorded
   36  person to act on his or her behalf.
   37         (b) A body camera recording, or a portion thereof, is
   38  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   39  of the State Constitution if the recording:
   40         1. Is taken within the interior of a private residence;
   41         2. Is taken within the interior of a facility that offers
   42  health care, mental health care, or social services; or
   43         3. Is taken in a place that a reasonable person would
   44  expect to be private.
   45         (c) Notwithstanding paragraph (b), a body camera recording,
   46  or a portion thereof, may be disclosed by a local government:
   47         1. In furtherance of its official duties and
   48  responsibilities; or
   49         2. To another governmental agency in the furtherance of its
   50  official duties and responsibilities.
   51         (d)Notwithstanding paragraph (b), a body camera recording,
   52  or a portion thereof, must be disclosed by a local government:
   53         1. To a person recorded by a body camera; however, a local
   54  government may disclose only those portions that are relevant to
   55  the person’s presence in the recording;
   56         2. To the personal representative of a person recorded by a
   57  body camera; however, a local government may disclose only those
   58  portions that are relevant to the represented person’s presence
   59  in the recording;
   60         3. To a person not depicted in a body camera recording if
   61  the recording depicts a place in which the person lawfully
   62  resided, dwelled, or lodged at the time of the recording;
   63  however, a local government may disclose only those portions
   64  that record the interior of such a place; or
   65         4. Pursuant to a court order.
   66         a. In addition to any other grounds the court may consider
   67  in determining whether to order that a body camera recording be
   68  disclosed, the court shall consider whether:
   69         (I) Disclosure is necessary to advance a compelling
   70  interest;
   71         (II) The recording contains information that is otherwise
   72  exempt or confidential and exempt under the law;
   73         (III) The person requesting disclosure is seeking to obtain
   74  evidence to determine legal issues in a case in which the person
   75  is a party;
   76         (IV) Disclosure would reveal information regarding a person
   77  which is of a highly sensitive personal nature;
   78         (V) Disclosure may harm the reputation or jeopardize the
   79  safety of a person depicted in the recording;
   80         (VI) Confidentiality is necessary to prevent a serious and
   81  imminent threat to the fair, impartial, and orderly
   82  administration of justice;
   83         (VII) The recording could be redacted to protect privacy
   84  interests; and
   85         (VIII) There is good cause to disclose all or portions of a
   86  recording.
   87         b. In any proceeding regarding the disclosure of a body
   88  camera recording, the local government that made the recording
   89  must be given reasonable notice of hearings and an opportunity
   90  to participate.
   91         (e) A local government shall retain a body camera recording
   92  for at least 90 days.
   93         (f)The exemption provided in paragraph (b) applies
   94  retroactively.
   95         (g)This subsection does not supersede any other public
   96  records exemption that existed before or is created after the
   97  effective date of this exemption. Those portions of a recording
   98  which are protected from disclosure by another public records
   99  exemption continue to be exempt or confidential and exempt.
  100         (h) This subsection is subject to the Open Government
  101  Sunset Review Act in accordance with s. 119.15 and shall stand
  102  repealed on October 2, 2030, unless reviewed and saved from
  103  repeal through reenactment by the Legislature.
  104         Section 2. (1)The Legislature finds that it is a public
  105  necessity that the following types of body camera recordings
  106  recorded by a code inspector in the course of performing his or
  107  her official duties and responsibilities be made confidential
  108  and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
  109  Article I of the State Constitution: recordings taken within the
  110  interior of a private residence; recordings taken within the
  111  interior of a facility that offers health care, mental health
  112  care, or social services; and recordings taken in a place that a
  113  reasonable person would expect to be private.
  114         (2) The Legislature recognizes that body cameras preserve
  115  information that has the potential to assist both code
  116  inspectors’ and the public’s ability to review the accuracy of
  117  code inspection work.
  118         (3) However, the Legislature also finds that, in certain
  119  instances, audio and video recorded by body cameras is
  120  significantly likely to capture highly sensitive personal
  121  information. The exemption of body camera recordings from public
  122  records requirements allows code inspectors to more effectively
  123  and efficiently administer their duties, which would otherwise
  124  be significantly impaired. The Legislature finds that the
  125  concerns regarding the impact of public records requirements for
  126  body camera recordings necessitate the exemption of the
  127  recordings from public records requirements and outweigh any
  128  public benefit that may be derived from their disclosure.
  129         Section 3. This act shall take effect on the same date that
  130  SB 1104 or similar legislation takes effect, if such legislation
  131  is adopted in the same legislative session or an extension
  132  thereof and becomes a law.