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HB 541 2026
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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
A bill to be entitled 1
An act relating to public records; amending s. 2
119.0713, F.S.; providing definitions; providing an 3
exemption from public records requirements for body 4
camera recordings recorded by a code inspector under 5
certain circumstances; providing exceptions; requiring 6
a local government to retain body camera recordings 7
for a 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
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Be It Enacted by the Legislature of the State of Florida: 14
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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 records 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
HB 541 2026
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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
162.04(2). 26
3. "Personal representative" means a parent, a court-27
appointed guardian, an attorney, an agent of, or a person 28
holding a power of attorney for, a person recorded by a body 29
camera. If the 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 person'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
HB 541 2026
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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
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 representative 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 information 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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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
obtain evidence to determine legal issues in a case in which the 76
person is a party; 77
(IV) Disclosure would reveal information regarding 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 disclosure 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, 2031, unless reviewed and 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: 111
(a) Recordings taken within the interior of a private 112
residence. 113
(b) Recordings taken within the interior of a facility 114
that offers health care, mental health care, or social services. 115
(c) Recordings taken in a place that a reasonable person 116
would expect to be private. 117
(2) The Legislature recognizes that body cameras preserve 118
information that has the potential to assist both code 119
inspectors' and the public's ability to review the accuracy of 120
code inspection work. 121
(3) However, the Legislature also finds that, in certain 122
instances, audio and video recorded by body cameras is 123
significantly likely to capture highly sensitive personal 124
information. The exemption of body camera recordings from public 125
HB 541 2026
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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
records requirements allows code inspectors to more effectively 126
and efficiently administer their duties, which would otherwise 127
be significantly impaired. The Legislature finds that the 128
concerns regarding the impact of public records requirements for 129
body camera recordings necessitate the exemption of the 130
recordings from public records requirements and outweigh any 131
public benefit that may be derived from such disclosure. 132
Section 3. This act shall take effect on the same date 133
that HB 539 or similar legislation takes effect, if such 134
legislation is adopted in the same legislative session or an 135
extension thereof and becomes a law. 136