Florida 2025 Regular Session

Florida House Bill H1475 Compare Versions

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

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3	3	HB 1475 2025
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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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 public records; amending s. 2
16	16	119.0713, F.S.; defining terms; providing an exemption 3
17	17	from public records requirements for body camera 4
18	18	recordings recorded by a code inspector under certain 5
19	19	circumstances; providing exceptions; requiring a local 6
20	20	government to retain body camera recordings for a 7
21	21	specified period; providing for retroactive 8
22	22	application; providing for future legislative review 9
23	23	and repeal of the exemption; providing a statement of 10
24	24	public necessity; providing a contingent effective 11
25	25	date. 12
26	26	13
27	27	Be It Enacted by the Legislature of the State of Florida: 14
28	28	15
29	29	Section 1. Subsection (6) is added to section 119.0713, 16
30	30	Florida Statutes, to read: 17
31	31	119.0713 Local government agency exemptions from 18
32	32	inspection or copying of public records. — 19
33	33	(6)(a) As used in this subsection, the term: 20
34	34	1. "Body camera" means a portable electronic recording 21
35	35	device that is worn on a code inspector's body and that recor ds 22
36	36	audio and video data in the course of the performance of his or 23
37	37	her official duties and responsibilities. 24
38	38	2. "Code inspector" has the same meaning as in s. 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	162.04(2). 26
52	52	3. "Personal representative" means a parent, a court -27
53	53	appointed guardian, an attorn ey, or an agent of, or a person 28
54	54	holding a power of attorney for, a person recorded by a body 29
55	55	camera. If a person depicted in the recording is deceased, the 30
56	56	term also means the personal representative of the estate of the 31
57	57	deceased person; the deceased perso n's surviving spouse, parent, 32
58	58	or adult child; the deceased person's attorney or agent; or the 33
59	59	parent or guardian of a surviving minor child of the deceased. 34
60	60	An agent must possess written authorization of the recorded 35
61	61	person to act on his or her behalf. 36
62	62	(b) A body camera recording, or a portion thereof, is 37
63	63	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 38
64	64	of the State Constitution if the recording: 39
65	65	1. Is taken within the interior of a private residence; 40
66	66	2. Is taken within the interior of a facility that offers 41
67	67	health care, mental health care, or social services; or 42
68	68	3. Is taken in a place that a reasonable person would 43
69	69	expect to be private. 44
70	70	(c) Notwithstanding paragraph (b), a body camera 45
71	71	recording, or a portion thereof, may be disclosed by a local 46
72	72	government: 47
73	73	1. In furtherance of its official duties and 48
74	74	responsibilities; or 49
75	75	2. To another governmental agency in the furtherance of 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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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	its official duties and responsibilities. 51
89	89	(d) Notwithstanding paragraph (b), a body camera 52
90	90	recording, or a portion thereof, must be disclosed by a local 53
91	91	government: 54
92	92	1. To a person recorded by a body camera; however, a local 55
93	93	government may disclose only those portions that are relevant to 56
94	94	the person's presence in the recording; 57
95	95	2. To the personal represen tative of a person recorded by 58
96	96	a body camera; however, a local government may disclose only 59
97	97	those portions that are relevant to the represented person's 60
98	98	presence in the recording; 61
99	99	3. To a person not depicted in a body camera recording if 62
100	100	the recording depicts a place in which the person lawfully 63
101	101	resided, dwelled, or lodged at the time of the recording; 64
102	102	however, a local government may disclose only those portions 65
103	103	that record the interior of such a place; or 66
104	104	4. Pursuant to a court order. 67
105	105	a. In addition to any other grounds the court may consider 68
106	106	in determining whether to order that a body camera recording be 69
107	107	disclosed, the court shall consider whether: 70
108	108	(I) Disclosure is necessary to advance a compelling 71
109	109	interest; 72
110	110	(II) The recording contains informati on that is otherwise 73
111	111	exempt or confidential and exempt under the law; 74
112	112	(III) The person requesting disclosure is seeking to 75
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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	obtain evidence to determine legal issues in a case in which the 76
126	126	person is a party; 77
127	127	(IV) Disclosure would reveal information rega rding a 78
128	128	person which is of a highly sensitive personal nature; 79
129	129	(V) Disclosure may harm the reputation or jeopardize the 80
130	130	safety of a person depicted in the recording; 81
131	131	(VI) Confidentiality is necessary to prevent a serious and 82
132	132	imminent threat to the fair , impartial, and orderly 83
133	133	administration of justice; 84
134	134	(VII) The recording could be redacted to protect privacy 85
135	135	interests; and 86
136	136	(VIII) There is good cause to disclose all or portions of 87
137	137	a recording. 88
138	138	b. In any proceeding regarding the disclosure of a body 89
139	139	camera recording, the local government that made the recording 90
140	140	must be given reasonable notice of hearings and an opportunity 91
141	141	to participate. 92
142	142	(e) A local government shall retain a body camera 93
143	143	recording for at least 90 days. 94
144	144	(f) The exemption provided in paragraph (b) applies 95
145	145	retroactively. 96
146	146	(g) This subsection does not supersede any other public 97
147	147	records exemption that existed before or is created after the 98
148	148	effective date of this exemption. Those portions of a recording 99
149	149	which are protected from disclos ure by another public records 100
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155	155	CODING: Words stricken are deletions; words underlined are additions.
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158	158	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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162	162	exemption continue to be exempt or confidential and exempt. 101
163	163	(h) This subsection is subject to the Open Government 102
164	164	Sunset Review Act in accordance with s. 119.15 and shall stand 103
165	165	repealed on October 2, 2030, unless reviewed an d saved from 104
166	166	repeal through reenactment by the Legislature. 105
167	167	Section 2. (1) The Legislature finds that it is a public 106
168	168	necessity that the following types of body camera recordings 107
169	169	recorded by a code inspector in the course of performing his or 108
170	170	her official duties and responsibilities be made confidential 109
171	171	and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 110
172	172	Article I of the State Constitution: recordings taken within the 111
173	173	interior of a private residence; recordings taken within the 112
174	174	interior of a facility that offers health care, mental health 113
175	175	care, or social services; and recordings taken in a place that a 114
176	176	reasonable person would expect to be private. 115
177	177	(2) The Legislature recognizes that body cameras preserve 116
178	178	information that has the potential to assist both code 117
179	179	inspectors' and the public's ability to review the accuracy of 118
180	180	code inspection work. 119
181	181	(3) However, the Legislature also finds that, in certain 120
182	182	instances, audio and video recorded by body cameras is 121
183	183	significantly likely to capture highly s ensitive personal 122
184	184	information. The exemption of body camera recordings from public 123
185	185	records requirements allows code inspectors to more effectively 124
186	186	and efficiently administer their duties, which would otherwise 125
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192	192	CODING: Words stricken are deletions; words underlined are additions.
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199	199	be significantly impaired. The Legislature fin ds that the 126
200	200	concerns regarding the impact of public records requirements for 127
201	201	body camera recordings necessitate the exemption of the 128
202	202	recordings from public records requirements and outweigh any 129
203	203	public benefit that may be derived from their disclosure. 130
204	204	Section 3. This act shall take effect on the same date 131
205	205	that HB 281 or similar legislation takes effect , if such 132
206	206	legislation is adopted in the same legislative session or an 133
207	207	extension thereof and becomes a law. 134