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ENROLLED
2026
Legislature
SB 506
2026506er
1
2 An act relating to public records; amending s.
3 119.0713, F.S.; defining terms; providing an exemption
4 from public records requirements for body camera
5 recordings recorded by a code inspector under certain
6 circumstances; providing exceptions; requiring a local
7 government to retain body camera recordings for a
8 specified timeframe; providing for retroactive
9 application; providing construction; providing for
10 future legislative review and repeal of the exemption;
11 providing a statement of public necessity; directing
12 the Division of Library and Information Services of
13 the Department of State to adopt a specified retention
14 requirement for certain body camera recordings by a
15 specified date; providing a contingent effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (6) is added to section 119.0713,
20 Florida Statutes, to read:
21 119.0713 Local government agency exemptions from inspection
22 or copying of public records.—
23
(6)
(a)
As used in this
subsection
, the term:
24
1
. “Body camera” means a portable electronic recording
25
device that is worn on a code inspector’s body and that records
26
audio and video data in the course of the
performance of his or
27
her
official duties and responsibilities.
28
2
. “Code inspector” has the same meaning as in s.
29
162.04
(2)
.
30
3
. “Personal representative” means a parent,
a
court
31
appointed guardian,
an
attorney, or
an
agent of, or a person
32
holding a power of attorney for, a person recorded by a body
33
camera. If a person depicted in the recording is deceased, the
34
term also means the personal representative of the estate of the
35
deceased person; the deceased person’s surviving spouse, parent,
36
or adult child; the deceased person’s attorney or agent; or the
37
parent or guardian of a surviving minor child of the deceased.
38
An agent must possess written authorization of the recorded
39
person to act on his or her behalf.
40
(b)
A body camera recording, or a portion thereof, is
41
confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
42
of the State Constitution if the recording:
43
1
. Is taken within the interior of a private residence;
44
2
. Is taken within the interior of a facility that offers
45
health care, mental health care, or social services; or
46
3
. Is taken in a place that a reasonable person would
47
expect to be private.
48
(c)
Notwithstanding paragraph
(b)
, a body camera recording,
49
or a portion thereof, may be disclosed by a local government:
50
1
. In furtherance of its official duties and
51
responsibilities; or
52
2
. To another governmental agency in the furtherance of its
53
official duties and responsibilities.
54
(d)
Notwithstanding paragraph
(b)
, a body camera recording,
55
or a portion thereof,
must
be disclosed by a
local
government:
56
1
. To a person recorded by
the
body camera; however, a
57
local government may disclose only those portions relevant to
58
the person’s presence in the recording;
59
2
. To the personal representative of a person recorded by
60
the
body camera; however, a local government may disclose only
61
those portions relevant to the represented person’s presence in
62
the recording;
63
3
. To a person not depicted in
the
body camera recording if
64
the recording depicts a place in which the person lawfully
65
resided, dwelled, or lodged at the time of the recording;
66
however, a local government may disclose only those portions
67
that record the interior of such a place
; or
68
4
. Pursuant to a court order.
69
a.
In addition to any other grounds the court may consider
70
in determining whether to order that a body camera recording be
71
disclosed, the court shall consider whether:
72
(
I)
Disclosure is necessary to advance a compelling
73
interest;
74
(
II
) The recording contains information that is otherwise
75
exempt or confidential and exempt under the law;
76
(
III
) The person requesting disclosure is seeking to obtain
77
evidence to determine legal issues in a case in which the person
78
is a party;
79
(
IV
) Disclosure would reveal information regarding a person
80
which
is of a highly sensitive personal nature;
81
(
V
) Disclosure may harm the reputation or jeopardize the
82
safety of a person depicted in the recording;
83
(
VI
) Confidentiality is necessary to prevent a serious and
84
imminent threat to the fair, impartial, and orderly
85
administration of justice;
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(
VII
) The recording could be redacted to protect privacy
87
interests; and
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(
VIII
) There is good cause to disclose all or portions of
89
the
recording.
90
b.
In any proceeding regarding the disclosure of a body
91
camera recording, the local government that made the recording
92
must
be given reasonable notice of hearings and an opportunity
93
to participate.
94
(e)
A local government
shall
retain a body camera recording
95
for at least 90 days.
96
(f)
The exemption provided in paragraph
(b)
applies
97
retroactively.
98
(g)
This
subsection
does not supersede any other public
99
records exemption that existed before or is created after the
100
effective date of this exemption. Those portions of a recording
101
which are protected from disclosure by another public records
102
exemption continue to be exempt or confidential and exempt.
103
(h)
This
subsection
is subject to the Open Government
104
Sunset Review Act in accordance with s. 119.15 and shall stand
105
repealed on October 2, 203
1
, unless reviewed and saved from
106
repeal through reenactment by the Legislature
.
107 Section 2.
(1)
The Legislature finds that it is a public
108
necessity that the following types of body camera recordings
109
recorded by a code inspector
in the course of performing his or
110
her official duties and responsibilities
be
made confidential
111
and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
112
Article I of the State Constitution: recordings taken within the
113
interior of a private residence; recordings taken within the
114
interior of a facility that offers health care, mental health
115
care, or social services; and recordings taken in a place that a
116
reasonable person 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. Th
e
exemption
of body camera recordings
from public
125
records requirements allows
code inspectors
to administer their
126
duties
more effectively and efficiently, 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 their disclosure.
132 Section 3.
By October 1, 2026, the Division of Library and
133
Information Services of the Department of State shall by rule
134
incorporate into the appropriate general records schedule a 90
135
day retention requirement for body camera recordings recorded by
136
code inspectors.
137 Section 4. This act shall take effect on the same date that
138 SB 504 or similar legislation takes effect, if such legislation
139 is adopted in the same legislative session or an extension
140 thereof and becomes a law.