S 506

ENROLLED
2026 Legislature  SB 506
  2026506er
1
2An act relating to public records; amending s.
3119.0713, F.S.; defining terms; providing an exemption
4from public records requirements for body camera
5recordings recorded by a code inspector under certain
6circumstances; providing exceptions; requiring a local
7government to retain body camera recordings for a
8specified timeframe; providing for retroactive
9application; providing construction; providing for
10future legislative review and repeal of the exemption;
11providing a statement of public necessity; directing
12the Division of Library and Information Services of
13the Department of State to adopt a specified retention
14requirement for certain body camera recordings by a
15specified date; providing a contingent effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19Section 1. Subsection (6) is added to section 119.0713,
20Florida Statutes, to read:
21119.0713 Local government agency exemptions from inspection
22or copying of public records.—
23(6)(a) As used in this subsection, the term:
241. “Body camera” means a portable electronic recording
25device that is worn on a code inspector’s body and that records
26audio and video data in the course of the performance of his or
27her official duties and responsibilities.
282. “Code inspector” has the same meaning as in s.
29162.04(2).
303. “Personal representative” means a parent, a court
31appointed guardian, an attorney, or an agent of, or a person
32holding a power of attorney for, a person recorded by a body
33camera. If a person depicted in the recording is deceased, the
34term also means the personal representative of the estate of the
35deceased person; the deceased person’s surviving spouse, parent,
36or adult child; the deceased person’s attorney or agent; or the
37parent or guardian of a surviving minor child of the deceased.
38An agent must possess written authorization of the recorded
39person to act on his or her behalf.
40(b) A body camera recording, or a portion thereof, is
41confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
42of the State Constitution if the recording:
431. Is taken within the interior of a private residence;
442. Is taken within the interior of a facility that offers
45health care, mental health care, or social services; or
463. Is taken in a place that a reasonable person would
47expect to be private.
48(c) Notwithstanding paragraph (b), a body camera recording,
49or a portion thereof, may be disclosed by a local government:
501. In furtherance of its official duties and
51responsibilities; or
522. To another governmental agency in the furtherance of its
53official duties and responsibilities.
54(d)Notwithstanding paragraph (b), a body camera recording,
55or a portion thereof, must be disclosed by a local government:
561. To a person recorded by the body camera; however, a
57local government may disclose only those portions relevant to
58the person’s presence in the recording;
592. To the personal representative of a person recorded by
60the body camera; however, a local government may disclose only
61those portions relevant to the represented person’s presence in
62the recording;
633. To a person not depicted in the body camera recording if
64the recording depicts a place in which the person lawfully
65resided, dwelled, or lodged at the time of the recording;
66however, a local government may disclose only those portions
67that record the interior of such a place; or
684. Pursuant to a court order.
69a. In addition to any other grounds the court may consider
70in determining whether to order that a body camera recording be
71disclosed, the court shall consider whether:
72(I) Disclosure is necessary to advance a compelling
73interest;
74(II) The recording contains information that is otherwise
75exempt or confidential and exempt under the law;
76(III) The person requesting disclosure is seeking to obtain
77evidence to determine legal issues in a case in which the person
78is a party;
79(IV) Disclosure would reveal information regarding a person
80which is of a highly sensitive personal nature;
81(V) Disclosure may harm the reputation or jeopardize the
82safety of a person depicted in the recording;
83(VI) Confidentiality is necessary to prevent a serious and
84imminent threat to the fair, impartial, and orderly
85administration of justice;
86(VII) The recording could be redacted to protect privacy
87interests; and
88(VIII) There is good cause to disclose all or portions of
89the recording.
90b. In any proceeding regarding the disclosure of a body
91camera recording, the local government that made the recording
92must be given reasonable notice of hearings and an opportunity
93to participate.
94(e) A local government shall retain a body camera recording
95for at least 90 days.
96(f)The exemption provided in paragraph (b) applies
97retroactively.
98(g)This subsection does not supersede any other public
99records exemption that existed before or is created after the
100effective date of this exemption. Those portions of a recording
101which are protected from disclosure by another public records
102exemption continue to be exempt or confidential and exempt.
103(h) This subsection is subject to the Open Government
104Sunset Review Act in accordance with s. 119.15 and shall stand
105repealed on October 2, 2031, unless reviewed and saved from
106repeal through reenactment by the Legislature.
107Section 2. (1)The Legislature finds that it is a public
108necessity that the following types of body camera recordings
109recorded by a code inspector in the course of performing his or
110her official duties and responsibilitiesbe made confidential
111and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
112Article I of the State Constitution: recordings taken within the
113interior of a private residence; recordings taken within the
114interior of a facility that offers health care, mental health
115care, or social services; and recordings taken in a place that a
116reasonable person would expect to be private.
117(2) The Legislature recognizes that body cameras preserve
118information that has the potential to assist both code
119inspectors’ and the public’s ability to review the accuracy of
120code inspection work.
121(3) However, the Legislature also finds that, in certain
122instances, audio and video recorded by body cameras is
123significantly likely to capture highly sensitive personal
124information. The exemption of body camera recordings from public
125records requirements allows code inspectors to administer their
126dutiesmore effectively and efficiently, which would otherwise
127be significantly impaired. The Legislature finds that the
128concerns regarding the impact of public records requirements for
129body camera recordings necessitate the exemption of the
130recordings from public records requirements and outweigh any
131public benefit that may be derived from their disclosure.
132Section 3. By October 1, 2026, the Division of Library and
133Information Services of the Department of State shall by rule
134incorporate into the appropriate general records schedule a 90
135day retention requirement for body camera recordings recorded by
136code inspectors.
137Section 4. This act shall take effect on the same date that
138SB 504 or similar legislation takes effect, if such legislation
139is adopted in the same legislative session or an extension
140thereof and becomes a law.