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
HB 391 2024
1 A bill to be entitled
2 An act relating to the Lowell Correctional Institution
3 Body Cameras Pilot Program; creating s. 944.145, F.S.;
4 creating the Lowell Correctional Institution Body
5 Cameras Pilot Program within the Department of
6 Corrections; providing purpose; providing definitions;
7 requiring that each correctional officer wear a body
8 camera while acting within the scope of his or her
9 official duties; requiring the department to estab lish
10 policies and procedures; providing minimum
11 requirements; requiring the department to provide
12 training; requiring the audio and video data recorded
13 by such cameras to be maintained in accordance with
14 public records laws; requiring periodic review of
15 actual practices; requiring annual reports; providing
16 report requirements; providing for expiration;
17 providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Section 944.145, Florida Statutes, is created
22 to read:
23 944.145 Lowell Correctional Institution Body Cameras Pilot
24 Program.—
25 (1) The Lowell Correctional Institution Body Cameras Pilot
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HB 391 2024
26 Program is created within the department for a period of 3
27 years. The purpose of the pilot program is to ensure safety and
28 provide accountability for each person in the institution.
29 (2) As used in this section, the term:
30 (a) "Body camera" means a portable electronic recording
31 device that is worn on a correctional officer's person and that
32 records audio and video data of the correctional officer's
33 prisoner-related encounters and activities.
34 (b) "Correctional officer" has the same meaning as in s.
35 943.10(2).
36 (3) Each correctional officer working at the Lowell
37 Correctional Institution shall wear a body camera while ac ting
38 within the scope of his or her official duties. The department
39 shall establish policies and procedures addressing the proper
40 use, maintenance, and storage of such body cameras and the data
41 recorded by such body cameras. The policies and procedures must,
42 at a minimum, include all of the following:
43 (a) General guidelines for the proper use, maintenance,
44 and storage of body cameras.
45 (b) Any limitations on a correctional officer's use of the
46 body cameras.
47 (c) Any limitations on prisoner-related encounters and
48 activities in which correctional officers are authorized to wear
49 body cameras.
50 (d) A provision allowing a correctional officer using a
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51 body camera to review the recorded footage from the body camera,
52 upon his or her own initiative or request, before writing a
53 report or providing a statement regarding any event arising
54 within the scope of his or her official duties. Any such
55 provision may not apply to a correctional officer's inherent
56 duty to immediately disclose information necessary to secure an
57 active crime scene or to identify suspects or witnesses.
58 (e) General guidelines for the proper storage, retention,
59 and release of audio and video data recorded by body cameras.
60 (4) The department shall:
61 (a) Ensure that all personnel at the Lowell Correctional
62 Institution who wear, use, maintain, or store body cameras are
63 trained in the department's policies and procedures concerning
64 the body cameras.
65 (b) Ensure that all personnel at the Lowell Correctional
66 Institution who use, maintain, store, or release audio or video
67 data recorded by body cameras are trained in the department's
68 policies and procedures concerning the body cameras.
69 (c) Retain audio and video data recorded by body cameras
70 in accordance with the requirements of s. 119.021, except as
71 otherwise provided by law.
72 (d) Perform a periodic review of actual agency body camera
73 practices to ensure conformity with the agency's policies and
74 procedures concerning the body cameras.
75 (5) Beginning on June 30, 2025, and annually thereafter,
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76 the department shall submit a report to the Governor, the
77 President of the Senate, the Minority Leader of the Senate, the
78 Speaker of the House of Representatives, and the Minority Leader
79 of the House of Representatives on the operation of the program
80 during the previous year. The report must include, at a minimum,
81 findings based on the review of incidents at the Lowell
82 Correctional Institution and the helpfulness of the body cameras
83 worn by correctional officers, proposals on changes to existing
84 policies and procedures concerning the body cameras, and any
85 other information that the department deems important in
86 furthering the purpose of the pilot program.
87 (6) This section expires June 30, 2027.
88 Section 2. This act shall take effect July 1, 2024.
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