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Nancy Smith

Body Camera Bill Great in Theory, but ...

January 20, 2015 - 6:00pm

Cameras don't lie. So why wouldn't body cameras be the answer to halting bad police behavior on the one hand, and protecting officers from false claims on the other?

Maybe they are. In fact, I hope they are. But there's more to setting body camera policy than meets the eye.

Ask Rep. Shevrin Jones. During a House Subcommittee on Criminal Justice workshop on Tuesday, Jones, D-West Park, sponsor of the body camera bill, found himselfpummeled like a pita withquestions to which he had no ready answer. And Jones had done his homework.

HB 57, Jones proposal -- or what he calls "the Police and Citizen Protection Act" -- says this:

Every uniformed law enforcement officer in this state who is primarily assigned to patrol duties shall be equipped with a body camera while performing such duties. The camera shall be used by the officer to record activities that take place during motor vehicle stops or other law enforcement actions taken during the course of his or her official duties.

Subcommittee members were falling out of their chairs trying to get their questions asked.

Rep. Gayle Harrell, R-Stuart, didn't like the violation of privacy inherent in sweeping video taken during every police stop or house call. "What kinds of privacy protections are there in this bill?" she asked. "The camera will be rolling when you go into a house, for example, and when there are innocent people you're capturing on video, how are those citizens protected? You know how quickly those things find their way onto YouTube ..."

Jones said, if that's a problem, an officer could just switch his camera off when he enters a home.

"But, if an officer has that kind of discretion," Harrell replied, "doesn't that open the department up" to disciplinary action? Actually, yes, it does.

Jones had the big picture down, but not remotely the nuances.

Rep. Ray Pilon, R-Sarasota, didn't like "shall" in the bill. The word "shall" implies body cameras are mandatory.

Rep. Dave Kerner, D-Palm Springs, didn't like "shall" either, because by his calculation -- unless the Legislature is going to make body cameras an unfunded mandate -- "we're looking at a minimum $30 million allocation to local governments."

Kerner also asked, "How do we comply with public records requests under Chapter 119, the Florida public records law?" How do we redact video clips?

Bigger still was Glen Hess's concern. Hess represents the Florida Prosecuting Attorneys Association. The mind boggles, he said.

"We're talking about hours and hours of video we won't have time to review ... And we have no equipment in place to receive or store every officer's video ... It represents an unimaginable workload for state attorneys," he said.

Nevertheless, Jones, who also works for the Broward County sheriff's office, said he talked with a number of law enforcement agencies in Florida already using body cameras, and they like them -- notably the Sarasota and Mount Dora police departments. He acknowledged there are still problems to work out, but believes it's worth the time and trouble."I think this is a win-win for everyone," he has said. "This bill now starts the conversation to where individuals should not have to point fingers anymore of the officer did this or the civilian did this. No, well, the proof is there. The proof is in the camera.

Police body cameras have quickly become an issue in recent months. In Ferguson, Mo. a body camera might have saved the day -- or, at least it would have made a big difference, Police Chief Tom Jackson has said.

And President Obama requested tens of thousands of dollars from Congress to supply departments across the country with body cameras. Recent surveys show a majority of Americans do not want police to choose when to use or not use them.

I have to admit, Tuesday's workshop took me by surprise. Before it started, I thought, what's not to like -- you get a record of every incident, case closed. Plus, you ultimately change behavior on both sides of the law. Let's get this good bill on the books.

I discovered today good bills, perhaps the best bills, require the most attention and take an inordinate amount of work. I truly believe this is one of them -- not the bill as it stands but what it hopes to achieve for the citizens of Florida.

Certainly legislators across the board made good points. The "Police and Citizen Protection Act" is not ready for prime time.

I'm just hoping it's a beginning, and at the end of the day, still a work in progress.


Reach Nancy Smith at nsmith@sunshinestatenews.com or at 228-282-2423. Twitter: @NancyLBSmith

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