HomeMy WebLinkAboutDraft LegislationDRAFT LEGISLATION
..Title
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTT
AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO ADOPT LEGISLATION
PROVIDING A PUBLIC RECORDS EXEMPTION FOR VIDEO FOOTAGE OBTAINED FROM
LAW ENFORCEMENT OFFICER BODY -WORN CAMERAS WHEN NECESSARY TO
PROTECT INDIVIDUAL PRIVACY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY
OF THIS RESOLUTION TO GOVERNOR RICK SCOTT, THE MEMBERS OF THE FLORIDA
LEGISLATURE, THE FLORIDA LEAGUE OF CITIES AND TO THE MIAMI-DADE LEAGUE OF
CITIES.
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WHEREAS, Senate Bill ("SB 248") and House Bill 57 ("HB 57"), both entitled the "Police
and Citizen Protection Act," have been filed for consideration during the 2015 session of the
Florida Legislature by Senator Chris Smith (D — Fort Lauderdale) and Representative Shevrin D.
"Shev" Jones (D — West Park), respectively; and
WHEREAS, SB 248 and HB 57 would require all uniformed Florida law enforcement
officers primarily assigned to patrol duties to be equipped with body -worn cameras while
performing their duties; and
WHEREAS, footage recorded by police officer body -worn cameras will likely be subject
to disclosure to the public under Florida's Public Records Law, Chapter 119 Florida Statutes;
and
WHEREAS, when Florida's Public Records Law was enacted in 1909, the Legislature
may not have contemplated the advances in technology that would allow for police officers to be
equipped with body -worn cameras; and
WHEREAS, the Office of Community Oriented Policing Services of the United States
Department of Justice recently released a report entitled "Police Officer Body -Worn Cameras:
Assessing the Evidence" ("DOJ Report"), analyzing the perceived benefits and concerns related
to officer body -worn cameras; and
WHEREAS, a perceived concern identified in the DOJ report is that body -worn cameras
create privacy issues, both for police officers and civilians; and
WHEREAS, due to the nature of police work, police officer body -worn cameras will likely
record incidents inside civilians' homes, where there is a heightened expectation of privacy; and
WHEREAS, police officer body -worn cameras will record civilians engaging in activities
unrelated to a police investigation, but involving sensitive privacy issues, such as medical
emergencies; and
WHEREAS, the possibility of the news media possessing and dispensing such sensitive
footage magnifies the privacy concerns associated with that footage being subject to public
disclosure; and
WHEREAS, as civilians become aware of these privacy issues, witnesses and victims
could become reluctant to cooperate with police investigations; and
WHEREAS, the cooperation of witnesses and victims with police officers is of the utmost
importance in ensuring the safety of the public and providing an effective criminal justice
system; and
WHEREAS, the Florida Legislature recently adopted Section 316.0777 wherein it found
a public necessity to protect images obtained through the use of automated license plate
recognition systems and exempted such information from the Public Records Law requirements
in an effort to preserve individual privacy.
WHEREAS, the Florida Legislature should similarly find a public necessity to protect
images and audio obtained from law enforcement officer body -worn cameras and further
provide an exemption from the Public Records Law's requirements; and
WHEREAS, the residents of the City of Miami and this state would be best served if
Florida's Public Records Law was amended to properly balance the legitimate interest of
government transparency with the protection of individual privacy rights;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Miami City Commission urges Governor Rick Scott and the members
of the Florida Legislature to adopt legislation providing, a public records exemption for video
footage obtained from law enforcement officer body -worn cameras when necessary to protect
individual privacy.
Section 3. The City Clerk is directed to transmit a copy of this resolution to Governor
Rick Scott and to the members of the Florida Legislature.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature by the Mayor.{1}
Footnote
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10)
calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, It
shall become effective immediately upon override of the veto by the City Commission.