Florida 2024 2024 Regular Session

Florida House Bill H0391 Introduced / Bill

Filed 11/09/2023

                       
 
HB 391  	2024 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to the Lowell Correctional Institution 2 
Body Cameras Pilot Program; creating s. 944.145, F.S.; 3 
creating the Lowell Correctional Institution Body 4 
Cameras Pilot Program within the Department of 5 
Corrections; providing purpose; providing definitions; 6 
requiring that each correctional officer wear a body 7 
camera while acting within the scope of his or her 8 
official duties; requiring the department to estab lish 9 
policies and procedures; providing minimum 10 
requirements; requiring the department to provide 11 
training; requiring the audio and video data recorded 12 
by such cameras to be maintained in accordance with 13 
public records laws; requiring periodic review of 14 
actual practices; requiring annual reports; providing 15 
report requirements; providing for expiration; 16 
providing an effective date. 17 
 18 
Be It Enacted by the Legislature of the State of Florida: 19 
 20 
 Section 1.  Section 944.145, Florida Statutes, is created 21 
to read: 22 
 944.145  Lowell Correctional Institution Body Cameras Pilot 23 
Program.— 24 
 (1)  The Lowell Correctional Institution Body Cameras Pilot 25     
 
HB 391  	2024 
 
 
 
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Program is created within the department for a period of 3 26 
years. The purpose of the pilot program is to ensure safety and 27 
provide accountability for each person in the institution. 28 
 (2)  As used in this section, the term: 29 
 (a)  "Body camera" means a portable electronic recording 30 
device that is worn on a correctional officer's person and that 31 
records audio and video data of the correctional officer's 32 
prisoner-related encounters and activities. 33 
 (b)  "Correctional officer" has the same meaning as in s. 34 
943.10(2). 35 
 (3)  Each correctional officer working at the Lowell 36 
Correctional Institution shall wear a body camera while ac ting 37 
within the scope of his or her official duties. The department 38 
shall establish policies and procedures addressing the proper 39 
use, maintenance, and storage of such body cameras and the data 40 
recorded by such body cameras. The policies and procedures mus t, 41 
at a minimum, include all of the following: 42 
 (a)  General guidelines for the proper use, maintenance, 43 
and storage of body cameras. 44 
 (b)  Any limitations on a correctional officer's use of the 45 
body cameras. 46 
 (c)  Any limitations on prisoner -related encounters and 47 
activities in which correctional officers are authorized to wear 48 
body cameras. 49 
 (d)  A provision allowing a correctional officer using a 50     
 
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body camera to review the recorded footage from the body camera, 51 
upon his or her own initiative or request, b efore writing a 52 
report or providing a statement regarding any event arising 53 
within the scope of his or her official duties. Any such 54 
provision may not apply to a correctional officer's inherent 55 
duty to immediately disclose information necessary to secure a n 56 
active crime scene or to identify suspects or witnesses. 57 
 (e)  General guidelines for the proper storage, retention, 58 
and release of audio and video data recorded by body cameras. 59 
 (4)  The department shall: 60 
 (a)  Ensure that all personnel at the Lowell Correctional 61 
Institution who wear, use, maintain, or store body cameras are 62 
trained in the department's policies and procedures concerning 63 
the body cameras. 64 
 (b)  Ensure that all personnel at the Lowell Correctional 65 
Institution who use, maintain, store, or release audio or video 66 
data recorded by body cameras are trained in the department's 67 
policies and procedures concerning the body cameras. 68 
 (c)  Retain audio and video data recorded by body cameras 69 
in accordance with the requirements of s. 119.021, except as 70 
otherwise provided by law. 71 
 (d)  Perform a periodic review of actual agency body camera 72 
practices to ensure conformity with the agency's policies and 73 
procedures concerning the body cameras. 74 
 (5)  Beginning on June 30, 2025, and annually thereafter, 75     
 
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the department shall submit a report to the Governor, the 76 
President of the Senate, the Minority Leader of the Senate, the 77 
Speaker of the House of Representatives, and the Minority Leader 78 
of the House of Representatives on the operation of the program 79 
during the previous year. The report must include, at a minimum, 80 
findings based on the review of incidents at the Lowell 81 
Correctional Institution and the helpfulness of the body cameras 82 
worn by correctional officers, proposals on changes to existing 83 
policies and procedures concerning the body cameras, and any 84 
other information that the department deems important in 85 
furthering the purpose of the pilot program. 86 
 (6)  This section expires June 30, 2027. 87 
 Section 2.  This act shall take effect July 1, 2024. 88