Florida 2025 Regular Session

Florida House Bill H1475 Latest Draft

Bill / Introduced Version Filed 02/28/2025

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