PCB GAP 10-03

Reasons to vote against this bill:

Committee Bill-PCB GAP(Government Affairs Policy) 10-03-Introduced last week would restrict 911 calls from public records for a period of 60 days. And then no audio would be released. Just a redacted transcript. And the person requesting the redacted transcript would have to pay for the transcript.
• On the surface, you would assume we would be for this as it saves the victims families from hearing these painful calls over and over. However, these calls are an invaluable training opportunity for the industry. We are making an impact with raising public awareness of the issues and shortcomings of this industry because of the publicity of this tragedy.
• The media has been good to us and not airing the most painful parts of these calls
• Dateline and Primetime would not have shed a national spotlight on these issues if these calls are suppressed.
• If you really want people to die in vain-go ahead and support this bill but I would ask everyone to be outraged about this bill. It smells of nothing more than to shield the sheriffs departments from public scrutiny. How is the public supposed to feel comfortable that it’s local sheriff or police dept. is doing a good job if they are shielded from how calls are handled? An editorial in our local paper said it best last week: “Do you get more out of a song by hearing it or reading the lyrics on a piece of paper?”
• You never hear calls made on 9/11. You never hear calls made to 9-1-1 during the Virginia Tech Massacre or the Columbine High School Massacre. You do not hear the calls made during the Fort Hood tragedy. You do not hear the 9-1-1 calls made during the “Miracle on the Hudson” when the plane was going down and Sullenberger miraculously landed the plane. Why? Because the majority of the media is sensitive. Yes, there are those bad apples that you have in every industry that sensationalize and prey on other people’s tragedies. But they are the few. It is up to the public to protest to those media sources. Not for the State of Florida to pass a bad law.
• Our daughter in law’s tragedy has been taught in classes across the country. She has not died in vain because of these classes. Her story is taught on Day 1 to all new call takers and dispatchers in the entire state of California. Her story has been taught as far away as Samoa. If this bill had passed two years ago, this would not be possible.
• If this law had been past two years ago, we would be unaware of the tragedies and inefficiencies of 9-1-1 that occurred with Brian Wood of North Port, Jennifer Johnson of Tampa, and Olidia Kerr Day in Plantation. Lessons can be learned by all these tragedies. Sadly, it takes tragedies such as ours to bring about improvements to flawed systems.
• We empathize greatly with other victims’ families. We feel their pain having told our story hundreds of times. We know the pain and suffering of having to relive Denise’s tragedy. But this is not about Denise and it is not about the past. It is about future lives. It is about preventing future tragedies and keeping other families from having to endure the pain and suffering we have.
• Our local sheriff and other sheriffs are elected officials. How are concerned citizens to make informed and educated votes without transparency.
• There would be no quality assurance. Yes, some comm centers do their own quality assurance, but is not that the fox watching the henhouse?

Please OPPOSE this bill PCB GAP 10-03

It is bad on so many fronts! Our sheriffs are elected officials. How are citizens to make informed, educated votes if we do not know what is going wrong? How is there to be any quality assurance? How are we to learn from past mistakes? How are trainers across the country supposed to train without access to these calls?

Proponents say the public can get access after 60 days! But! then only after it has been redacted and then it's a written transcript. Then we have to PAY for not only the call but transcription costs etc...

Proponents say it is to protect victims' family of having to hear their tragedies on the news. HAH! I find that hard to believe. I am a victim's family member and no matter how heartbreaking and horrific or how many times I have to listen to certain calls, public safety needs to come first and all this bill would do, would be to protect police chiefs' and sheriffs' butts. If this bill had passed 2 years ago we would never have heard about Brian Wood in North Port, Jennifer Johnson in Tampa, and Olidia Kerr Day in Plantation, Florida.

It is shady and it is disturbing. If they want a victim's family perspective why have they not ask us? We've been in Tallahassee and they could approach us at anytime. Instead we had to hear about it from a complete stranger from up in Tallahassee.

Oh this is BAD. Please oppose it.

Here is a copy of the bill:

A bill to be entitled

An act relating to a public record exemption for E911 recordings; amending s. 365.171, F.S.; expanding the public record exemption for certain identification information of a person reporting or requesting emergency services to include the recording of such report or request; authorizing the release of a transcript of such recording 60 days after the date of a request for emergency services or a report of an emergency; requiring the requestor to pay the actual cost of transcribing the recording; authorizing the release of such recording to a public safety agency; providing for retroactive application of the public record exemption; providing for future legislative review and repeal of the exemption under the Open Government Sunset Review Act; providing a statement of public necessity; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Subsection (12) of section 365.171, Florida Statutes, is amended to read:
365.171 Emergency communications number E911 state plan.—
(12) CONFIDENTIALITY OF RECORDS.—
(a)1. Any recording of a request for emergency services or report of an emergency using an emergency communications E911 system held by a public agency or a public safety agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
2. Upon receipt of a public records request, a transcript of the confidential and exempt recording may be made available by a public agency or a public safety agency 60 days after the date of a request for emergency services or a report of an emergency using such system; however, Any record, recording, or information, or portions thereof, obtained by a public agency or a public safety agency for the purpose of providing services in an emergency and which reveals the name, address, telephone number, or personal information about, or information which may identify any person requesting emergency service or reporting an emergency by accessing an emergency communications E911 system shall be redacted from the transcript. The person requesting the transcript shall pay the actual cost of transcribing the recording, in addition to any other applicable costs provided under s. 119.07. is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that
3. Such recording and record or information may be disclosed to a public safety agency. The exemption applies only to the name, address, telephone number or personal information about, or information which may identify any person requesting emergency services or reporting an emergency while such information is in the custody of the public agency or public safety agency providing emergency services.
4. This exemption is remedial in nature and it is the intent of the Legislature that the exemption be applied to requests for recordings received before, on, or after the effective date of this paragraph.
5. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2015, unless reviewed and saved from repeal through reenactment by the Legislature.
(b) A telecommunications company or commercial mobile radio service provider shall not be liable for damages to any person resulting from or in connection with such telephone company's or commercial mobile radio service provider's provision of any lawful assistance to any investigative or law enforcement officer of the State of Florida or political subdivisions thereof, of the United States, or of any other state or political subdivision thereof, in connection with any lawful investigation or other law enforcement activity by such law enforcement officer unless the telecommunications company or commercial mobile radio service provider acted in a wanton and willful manner.
Section 2. The Legislature finds that it is a public necessity that any recording of a request for emergency services or report of an emergency using an emergency communications E911 system held by a public agency or a public safety agency be made confidential and exempt from public records requirements. The need for emergency services bespeaks a very personal and often traumatizing event. To have the recordings made publicly available is an invasion of privacy that could result in trauma, sorrow, humiliation, or emotional injury to the person reporting the emergency or requiring emergency services, or to the immediate family of those persons. Additionally, to have such recordings publicly available could jeopardize the health and safety of those needing emergency services in that people, other than emergency service providers, could actually gain access to the scene of the emergency and thereby impede the effective and efficient provision of emergency services. Furthermore, there are those persons, who, for personal, private gain or for business purposes, would seek to capitalize on individuals in their time of need. Those reporting or needing emergency services should not be subjected to this type of possible harassment. Furthermore, to allow such recording to become public could chill the reporting of emergency situations to the detriment of public health and safety. Finally, the public record exemption still provides for public oversight by authorizing the release, upon request, of a transcript of such recordings 60 days after the report while maintaining protections for the individuals involved in the report or receipt of emergency services.
Section 3. This act shall take effect upon becoming a law

An open email written by me yesterday

to the Florida House Committee hearing bill PCB GAP 10-03:

I understand a bill that will be heard in committee for the first time tomorrow that will affect the ability of the public to ensure the E911 system is held to appropriate standards. The committee bill, PCB GAP 10-03, would exempt from the Florida Sunshine Laws all recordings of E911 calls. The public would be limited to a redacted transcript of the call available only after 60 days. I have grave concerns that the public would not be able to review the work of the E911 telecommunicators if this bill passes, because they would not be subject to review by anyone other than their departments. It is important for you to know that we strongly oppose this bill. And believe it would detrimental to public safety for many reasons. Many of you know the details of our tragedy and you know we have been fighting for improvements to our 9-1-1 system. How are we to fight for improvements if we are denied access to this information? How are independent studies to be conducted if denied access to this information? How is the public expected to vote for improvements if they do not know all the facts and are only told feel good stories? How was I ever to understand what went wrong in Denise’s case if I did not have access to the calls? For more information go to deniseamberlee.org .
While I appreciate and understand your concern for the impact listening to these phone calls in the media over and over again and how heartbreaking they are, I beg you to vote NO to this bill. I KNOW what it is like to relive a tragedy by hearing 9-1-1 calls on TV over and over again. But still believe that people need to know and they have a right to know how their public servants are performing. Consider this! Our sheriff is an elected official. How are voters to make educated informed votes if they are not informed?
Please do not pass this bill!
Thank you and thank you for your service,
Peggy Lee
Denise Amber Lee Foundation