HomeMy WebLinkAboutSummary FormAGENDA ITEM SUMMARY FORM
FILE ID: 15-00226
Date: 02/17/2015
Commission Meeting Date: 02/26/2015
Type: r1 Resolution I Ordinance
II
Other
Requesting Department: Police
District Impacted: All
Emergency Ordinance
Discussion Item
Law Department
Matter ID No.
Subj ect: Discussion to consider legislation 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.
Purpose of Item:
To urge 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.
Background Information:
(See Attachment)
Budget Impact Analysis
NO Is this item related to revenue?
NO Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No:
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
$0.00
Final Approvals
(SIGN AND DATE)
CIP N/A Budge
If using or receiving capital funds
Grants N/A Risk Management N/A
Purchasing N Dept. Director ► /A
Chief City Mana e
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Attachment
Background Information:
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.
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. 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. 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.
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.
A perceived concern identified in the DOJ report is that body -worn cameras create privacy issues,
both for police officers and civilians. 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. 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. 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. As civilians become aware
of these privacy issues, witnesses and victims could become reluctant to cooperate with police
investigations. 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.
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. 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. 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.
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