HomeMy WebLinkAboutR-15-0117City of Miami
Legislation
Resolution: R-15-0117
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00226a Final Action Date: 3/12/2015
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 THE
OFFICIALS AS STATED HEREIN.
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 Florida 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
City of Miami
Page 1 of 2 File Id: 15-00226a (Version: 1) Printed On: 2/15/2018
File Number: 15-00226a Enactment Number: R-15-0117
systems and exempted such information from the Public Records Law requirements in an effort to
preserve individual privacy; and
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, the members of the Florida Legislature, the Florida League of Cities and to the Miami -Dade
County League of Cities.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
by the Mayor.{1}
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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.
City of Miami Page 2 of 2 File Id: 15-00226a (Version: 1) Printed On: 2/15/2018