Recording of Protective Investigations

Plain English Breakdown

The candidate explanation included a term ('Standing') that is not explicitly defined or necessary for understanding the core requirements of the bill, hence it was removed.

Recording Protective Investigations

This law requires that interviews during protective investigations be recorded with audio or video, except in certain situations, and sets rules for when people can object to recordings not being made.

What This Bill Does

• Requires investigators to record interviews using audio or video if they are part of a protective investigation.
• Lists exceptions where recording is not required, such as equipment malfunction due to unforeseen circumstances or improper maintenance.
• Says that someone charged with abusing or neglecting a child cannot object to an investigator's failure to record the interview.
• States that failing to record does not stop statements made during interviews from being used in court cases.

Who It Names or Affects

• Investigators conducting protective investigations
• People involved in protective investigations, especially those charged with abusing or neglecting a child

Terms To Know

Protective investigation

An official inquiry to protect someone from harm.

Limits and Unknowns

• Does not specify what happens if the recording equipment is unavailable due to reasons other than unforeseen circumstances.
• Does not explain how long recordings must be kept after the five-year period mentioned in the bill.

Official Summary Text

Recording of Protective Investigations; Requiring that interviews conducted pursuant to protective investigations be audio or video recorded; providing exceptions; providing that persons charged with certain criminal offenses do not have standing to object to an investigator’s failure to record such an interview; providing that an investigator’s failure to record such an interview is not grounds for precluding certain statements from certain proceedings, etc.

Current Bill Text

Florida Senate
-
2026

SB 1144

By
Senator Rodriguez

40-00250A-26 20261144__
1 A bill to be entitled
2 An act relating to the recording of protective
3 investigations; amending s. 39.301, F.S.; requiring
4 that interviews conducted pursuant to protective
5 investigations be audio or video recorded; providing
6 exceptions; providing that persons charged with
7 certain criminal offenses do not have standing to
8 object to an investigator’s failure to record such an
9 interview; providing that an investigator’s failure to
10 record such an interview is not grounds for precluding
11 certain statements from certain proceedings; requiring
12 the retention of certain recordings for a specified
13 period; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (25) is added to section 39.301,
18 Florida Statutes, to read:
19 39.301 Initiation of protective investigations.—
20
(25)
(a)

An interview conducted pursuant to this section

21
must be audio or video recorded, using a body camera or other

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reasonable means of recording, except in any of the following

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circumstances:

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1. The recording equipment malfunctions, and the

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malfunction is not the result of a failure to maintain the

26
equipment properly or to provide adequate supplies for the

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equipment.

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2. Due to circumstances that could not reasonably be

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foreseen by the investigator, he or she does not have the

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necessary recording equipment available.

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(b) A person who is charged with a criminal offense

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involving the abuse or neglect of a child does not have standing

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to object to an investigator’s failure to comply with paragraph

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(a). An investigator’s failure to comply with paragraph (a) is

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not grounds for precluding any statements made during an

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interview which are otherwise admissible in a legal proceeding,

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including a criminal or dependency proceeding.

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(c) A recording created pursuant to this section must be

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retained for at least 5 years.

40 Section 2. This act shall take effect July 1, 2026.