Florida 2024 Regular Session

Florida House Bill H0391 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 391 2024
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to the Lowell Correctional Institution 2
16	16	Body Cameras Pilot Program; creating s. 944.145, F.S.; 3
17	17	creating the Lowell Correctional Institution Body 4
18	18	Cameras Pilot Program within the Department of 5
19	19	Corrections; providing purpose; providing definitions; 6
20	20	requiring that each correctional officer wear a body 7
21	21	camera while acting within the scope of his or her 8
22	22	official duties; requiring the department to estab lish 9
23	23	policies and procedures; providing minimum 10
24	24	requirements; requiring the department to provide 11
25	25	training; requiring the audio and video data recorded 12
26	26	by such cameras to be maintained in accordance with 13
27	27	public records laws; requiring periodic review of 14
28	28	actual practices; requiring annual reports; providing 15
29	29	report requirements; providing for expiration; 16
30	30	providing an effective date. 17
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32	32	Be It Enacted by the Legislature of the State of Florida: 19
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34	34	Section 1. Section 944.145, Florida Statutes, is created 21
35	35	to read: 22
36	36	944.145 Lowell Correctional Institution Body Cameras Pilot 23
37	37	Program.— 24
38	38	(1) The Lowell Correctional Institution Body Cameras Pilot 25
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47	47	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
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51	51	Program is created within the department for a period of 3 26
52	52	years. The purpose of the pilot program is to ensure safety and 27
53	53	provide accountability for each person in the institution. 28
54	54	(2) As used in this section, the term: 29
55	55	(a) "Body camera" means a portable electronic recording 30
56	56	device that is worn on a correctional officer's person and that 31
57	57	records audio and video data of the correctional officer's 32
58	58	prisoner-related encounters and activities. 33
59	59	(b) "Correctional officer" has the same meaning as in s. 34
60	60	943.10(2). 35
61	61	(3) Each correctional officer working at the Lowell 36
62	62	Correctional Institution shall wear a body camera while ac ting 37
63	63	within the scope of his or her official duties. The department 38
64	64	shall establish policies and procedures addressing the proper 39
65	65	use, maintenance, and storage of such body cameras and the data 40
66	66	recorded by such body cameras. The policies and procedures mus t, 41
67	67	at a minimum, include all of the following: 42
68	68	(a) General guidelines for the proper use, maintenance, 43
69	69	and storage of body cameras. 44
70	70	(b) Any limitations on a correctional officer's use of the 45
71	71	body cameras. 46
72	72	(c) Any limitations on prisoner -related encounters and 47
73	73	activities in which correctional officers are authorized to wear 48
74	74	body cameras. 49
75	75	(d) A provision allowing a correctional officer using a 50
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84	84	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
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88	88	body camera to review the recorded footage from the body camera, 51
89	89	upon his or her own initiative or request, b efore writing a 52
90	90	report or providing a statement regarding any event arising 53
91	91	within the scope of his or her official duties. Any such 54
92	92	provision may not apply to a correctional officer's inherent 55
93	93	duty to immediately disclose information necessary to secure a n 56
94	94	active crime scene or to identify suspects or witnesses. 57
95	95	(e) General guidelines for the proper storage, retention, 58
96	96	and release of audio and video data recorded by body cameras. 59
97	97	(4) The department shall: 60
98	98	(a) Ensure that all personnel at the Lowell Correctional 61
99	99	Institution who wear, use, maintain, or store body cameras are 62
100	100	trained in the department's policies and procedures concerning 63
101	101	the body cameras. 64
102	102	(b) Ensure that all personnel at the Lowell Correctional 65
103	103	Institution who use, maintain, store, or release audio or video 66
104	104	data recorded by body cameras are trained in the department's 67
105	105	policies and procedures concerning the body cameras. 68
106	106	(c) Retain audio and video data recorded by body cameras 69
107	107	in accordance with the requirements of s. 119.021, except as 70
108	108	otherwise provided by law. 71
109	109	(d) Perform a periodic review of actual agency body camera 72
110	110	practices to ensure conformity with the agency's policies and 73
111	111	procedures concerning the body cameras. 74
112	112	(5) Beginning on June 30, 2025, and annually thereafter, 75
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118	118	CODING: Words stricken are deletions; words underlined are additions.
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121	121	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
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125	125	the department shall submit a report to the Governor, the 76
126	126	President of the Senate, the Minority Leader of the Senate, the 77
127	127	Speaker of the House of Representatives, and the Minority Leader 78
128	128	of the House of Representatives on the operation of the program 79
129	129	during the previous year. The report must include, at a minimum, 80
130	130	findings based on the review of incidents at the Lowell 81
131	131	Correctional Institution and the helpfulness of the body cameras 82
132	132	worn by correctional officers, proposals on changes to existing 83
133	133	policies and procedures concerning the body cameras, and any 84
134	134	other information that the department deems important in 85
135	135	furthering the purpose of the pilot program. 86
136	136	(6) This section expires June 30, 2027. 87
137	137	Section 2. This act shall take effect July 1, 2024. 88