Florida Senate - 2026                                     SB 616
       
       
        
       By Senator Smith
       
       
       
       
       
       17-00746-26                                            2026616__
    1                        A bill to be entitled                      
    2         An act relating to Florida Highway Patrol body camera
    3         use; creating s. 321.51, F.S.; defining terms;
    4         requiring members of the Florida Highway Patrol to
    5         wear a functioning body camera under certain
    6         circumstances; specifying that the body camera must
    7         remain activated under certain circumstances;
    8         requiring the Department of Highway Safety and Motor
    9         Vehicles to adopt certain policies and procedures,
   10         ensure compliance with certain public records and
   11         retention requirements, and provide certain training;
   12         authorizing the department to contract with third
   13         party vendors to provide storage for body camera
   14         recordings; providing that an officer who does not
   15         comply with certain requirements, policies, and
   16         procedures may be subject to disciplinary action;
   17         exempting Florida Highway Patrol body camera
   18         recordings from specified provisions relating to the
   19         interception of wire, electronic, and oral
   20         communications; amending s. 943.1718, F.S.; revising
   21         the definitions of the terms “law enforcement agency”
   22         and “law enforcement officer”; providing an
   23         appropriation; providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 321.51, Florida Statutes, is created to
   28  read:
   29         321.51 Use of body cameras required.—
   30         (1) As used in this section, the term:
   31         (a) “Body camera” means a portable electronic recording
   32  device that is worn on an officer’s person and which records
   33  audio and video data in the course of the officer performing his
   34  or her official duties and responsibilities.
   35         (b) “Department” means the Department of Highway Safety and
   36  Motor Vehicles.
   37         (c) “Officer” means a member of the Florida Highway Patrol.
   38         (2) Each officer shall wear a functioning body camera while
   39  on duty and engaged in an official law enforcement-related
   40  activity or public interaction. The camera must remain activated
   41  during law enforcement encounters, traffic stops, pursuits, and
   42  arrests and any situation in which the officer’s actions could
   43  become the subject of an investigation or complaint.
   44         (3) The department shall:
   45         (a) Adopt written policies and procedures governing the
   46  proper use, activation, deactivation, maintenance, and storage
   47  of body cameras.
   48         (b) Ensure compliance with the public records and retention
   49  requirements of s. 119.071(2)(l).
   50         (c) Provide training to all officers on the appropriate use
   51  of body cameras, and legal considerations related thereto.
   52         (4) The department may contract with a third-party vendor
   53  to provide secure cloud-based data storage for body camera
   54  recordings which is consistent with the state’s cybersecurity
   55  standards.
   56         (5) An officer who does not comply with the requirements of
   57  this section or with the policies and procedures of the
   58  department relating to body camera use may be subject to
   59  disciplinary action.
   60         (6) Chapter 934 does not apply to body camera recordings
   61  made by officers wearing body cameras in accordance with this
   62  section.
   63         Section 2. Paragraphs (b) and (c) of subsection (1) of
   64  section 943.1718, Florida Statutes, are amended to read:
   65         943.1718 Body cameras; policies and procedures.—
   66         (1) As used in this section, the term:
   67         (b) “Law enforcement agency” means an agency that has a
   68  primary mission of preventing and detecting crime and enforcing
   69  the penal, criminal, traffic, and motor vehicle laws of the
   70  state and in furtherance of that primary mission employs law
   71  enforcement officers as defined in s. 943.10, except that the
   72  term does not include the Florida Highway Patrol.
   73         (c) “Law enforcement officer” has the same meaning as
   74  provided in s. 943.10, except that the term does not include a
   75  member of the Florida Highway Patrol.
   76         Section 3. For the 2026-2027 fiscal year, the nonrecurring
   77  sum of $2 million is appropriated from the General Revenue Fund
   78  to the Department of Highway Safety and Motor Vehicles to
   79  implement this act. The funds must be used for the purchase,
   80  maintenance, and storage of body cameras; to provide officer
   81  training; and to provide secure, cloud-based data storage for
   82  body camera recordings.
   83         Section 4. This act shall take effect July 1, 2026.