http://www2.hernandotoday.com/content/2010/mar/11/schenck-said-911-bill-privacy-rights/
By TONY HOLT | Hernando Today
Published: March 11, 2010
TALLAHASSEE - Proponents of a House bill think it provides long-overdue protection to the privacy of crime victims.
First Amendment advocates think it goes too far and would remove accountability for 911 operators and rescue responders.
Crime victims themselves seem split on the issue.
On Wednesday, a House panel approved Florida Bill PCB GAP 10-03, which would bar the public from hearing audio recordings of 911 calls. Only a judge could grant an exception.
Furthermore, it would delay public access to the written transcripts of a 911 call for 60 days.
"I think this balances privacy with accountability," said Rep. Rob Schenck, R-Brooksville, who wrote the bill.
"In speaking with many people who have made 911 calls, it's usually a very tragic incident and they don't want to have to hear it on the news," he continued. "This is meant to protect their privacy."
Schenck wouldn't discuss his own experiences with emergency calls, but said he has had several conversations with people who have called 911 and who support the bill.
"The media hasn't been very happy with it for obvious reasons," Schenck said.
John Hoblick, president of the Florida Farm Bureau, pushed for such a ban after television stations played a recording of a 911 call about his son's drug overdose.
Schenck said he has had no conversations with Hoblick.
"We don't like it. It's bad public policy," said Barbara Petersen, president of the First Amendment Foundation in Tallahassee. "I understand the motivation … but we have to be equally sympathetic of those who have suffered because of the mistakes of 911 operators."
Petersen also complained of the "strong-fisted" tactics used to ram the bill through the committee Wednesday.
"If this passes, it's an exception to the Constitution," she said.
Brooksville Police Chief George Turner said he had "mixed emotions" about the bill.
Hernando County Sheriff Nugent said while the bill doesn't seem perfect, he supports the spirit behind it.
"I think there is a lot of merit in it," Nugent said. "You really need to take victims into account."
Both Nugent and Schenck think releasing the transcripts of 911 emergency calls in 60 days is sufficient.
Schenck argued accountability is not taken away because anyone can petition the court for an audio recording. Secondly, if someone suspects there was wrongdoing or negligence on the part of a 911 operator, the bill still allows for victims to file claims or report their suspicions to the authorities.
Courtenay Strickland, of the American Civil Liberties Union of Florida, said the existing law pertaining to 911 calls already has privacy protections in place.
Florida statute 365.171 Chapter 12 states the name, addresses, telephone number or personal information about or information which may identify any person requesting emergency service or reporting an emergency is confidential.
Strickland thinks that is sufficient.
She also thinks waiting 60 days is too long.
"We respect the intent of the bill, but as we've seen in other news reports, there are some victims out there who don't want the kinds of protections outlined in this bill," Strickland said.
One of those victims is Nate Lee, the husband of Denise Amber Lee.
Lee's wife was kidnapped, raped and murdered in 2008. He recalled the torment he and his family went through when his wife's 911 call on her killer's cell phone was played on the evening news.
Lee recently told a reporter he thought public access to the 911 audio exposed the mistakes made by the Charlotte County Sheriff's Office when it took the call.
"If there's something wrong and a 911 center botches the call or something happens, I want to know what's going on," Lee said.
Nugent said he is encouraged to see the Legislature address privacy rights. He doesn't think Florida law protects crime victims enough.
"Is it a perfect bill? I don't know about that," he said. "But it does bring the issue to light. It's important to have a debate about that."
WFLA reporter Jackie Barron contributed to this story.
Reporter Tony Holt can be reached at 352-544-5283 or wholt@hernandotoday.com.
Showing posts with label John Hoblick. Show all posts
Showing posts with label John Hoblick. Show all posts
Thursday, March 11, 2010
Wednesday, March 10, 2010
Charlotte Sun
Bill approved by House Governmental Affairs Committee Wednesday
By ELAINE ALLEN-EMRICH
North Port Community News Editor
A bill to keep 911 audio recordings from being made public was approved 8-5 in the House Governmental Affairs Policy Committee Wednesday in Tallahassee.
The bill was introduced after John Hoblick, the CEO of the Florida Farm Bureau's 16-year-old son, was found dead on May 30. The teen allegedly died of an accidental overdose following a night of drinking games and experimenting with prescription drugs, according to investigative reports. The next day, a portion of the one-minute 911 call made by Hoblick's 20-year-old son was aired on DeLeon Springs, Fla., TV news.
Hoblick told Government Affairs Policy Committee House Speaker Larry Cretul, R-Ocala, that hearing the 911 tape brings back painful memories. He asked Cretul to ban the release of 911 tapes to the public.
The bill would make transcripts of a 911 tapes available after 60 days and allows a judge to decide if a tape can be released "upon a showing of good cause."
Not everyone believes the bill is good for Floridians.
"Can I go to the House Speaker and ask for an exemption to the Florida Sunshine Law?" said Barbara Peterson, president of the First Amendment Foundation in Tallahassee. The foundation is a nonprofit group that lobbies for open government. "I'm no one, so I wouldn't get preferential treatment. There is someone who is well-known -- Nathan Lee, who is lobbying for 911 standards, and he is against this bill. He too has been impacted by a family member's death, and he believes 911 calls should be transparent."
Lee, who could not attend Wednesday's hearing because he was receiving a national citizen advocacy award from the E911 Institute in Washington, D.C., wrote a letter to the committee.
"We believe 911 issues need more transparency and not less if we are everto learn from past mistakes," he wrote. "Five 911 calls were made the day my wife, Denise Amber Lee, was kidnapped from our home (in January 2008 in North Port) by a complete stranger. One was made by Denise herself when she dialed 911 with her killer's cell phone without his knowledge.
"During the recent murder trial, we had to listen to over six minutes of this painful call where she begged for her life, desperately pleading to come home to me and our two boys," he wrote. "I understand the pain and suffering of having to listen to tragic 911 calls. Another nine-minute 911 call was made that day from a bystander. She provided the exact location ... (but the call) was never dispatched."
The bill is on a fast track to the House floor.
Gov. Charlie Crist said he thinks the tapes ought to remain available but backers of the legislation say they're an invasion of privacy. Crist has indicated he would not sign the bill if it makes it to his desk.
The News Service of Florida and Associated Press contributed to this report.
By ELAINE ALLEN-EMRICH
North Port Community News Editor
A bill to keep 911 audio recordings from being made public was approved 8-5 in the House Governmental Affairs Policy Committee Wednesday in Tallahassee.
The bill was introduced after John Hoblick, the CEO of the Florida Farm Bureau's 16-year-old son, was found dead on May 30. The teen allegedly died of an accidental overdose following a night of drinking games and experimenting with prescription drugs, according to investigative reports. The next day, a portion of the one-minute 911 call made by Hoblick's 20-year-old son was aired on DeLeon Springs, Fla., TV news.
Hoblick told Government Affairs Policy Committee House Speaker Larry Cretul, R-Ocala, that hearing the 911 tape brings back painful memories. He asked Cretul to ban the release of 911 tapes to the public.
The bill would make transcripts of a 911 tapes available after 60 days and allows a judge to decide if a tape can be released "upon a showing of good cause."
Not everyone believes the bill is good for Floridians.
"Can I go to the House Speaker and ask for an exemption to the Florida Sunshine Law?" said Barbara Peterson, president of the First Amendment Foundation in Tallahassee. The foundation is a nonprofit group that lobbies for open government. "I'm no one, so I wouldn't get preferential treatment. There is someone who is well-known -- Nathan Lee, who is lobbying for 911 standards, and he is against this bill. He too has been impacted by a family member's death, and he believes 911 calls should be transparent."
Lee, who could not attend Wednesday's hearing because he was receiving a national citizen advocacy award from the E911 Institute in Washington, D.C., wrote a letter to the committee.
"We believe 911 issues need more transparency and not less if we are everto learn from past mistakes," he wrote. "Five 911 calls were made the day my wife, Denise Amber Lee, was kidnapped from our home (in January 2008 in North Port) by a complete stranger. One was made by Denise herself when she dialed 911 with her killer's cell phone without his knowledge.
"During the recent murder trial, we had to listen to over six minutes of this painful call where she begged for her life, desperately pleading to come home to me and our two boys," he wrote. "I understand the pain and suffering of having to listen to tragic 911 calls. Another nine-minute 911 call was made that day from a bystander. She provided the exact location ... (but the call) was never dispatched."
The bill is on a fast track to the House floor.
Gov. Charlie Crist said he thinks the tapes ought to remain available but backers of the legislation say they're an invasion of privacy. Crist has indicated he would not sign the bill if it makes it to his desk.
The News Service of Florida and Associated Press contributed to this report.
Palm Beach Post
House leader pushes bill to keep 911 calls private, at behest of GOP contributor
By Dara Kam Palm Beach Post Staff Writer
Updated: 8:16 p.m. Wednesday, March 10, 2010
Posted: 7:13 p.m. Wednesday, March 10, 2010
TALLAHASSEE — House Speaker Larry Cretul is pushing a measure to make 911 calls secret, on behalf of the president of an association that has contributed nearly $30,000 the state GOP in the past two years.
The controversial proposal has angered some crime victims, who object that it's taking attention away from their efforts to require training for emergency dispatchers.
Cretul used an uncommon procedural maneuver to ensure the bill's passage this morning. He temporarily assigned one of his top lieutenants, House Speaker Pro Tem Ron Reagan, R-Bradenton, to the Government Accountability Policy Council meeting to cast a vote in favor of the measure (PCB GAP 10-3).
The committee approved it with an 8-5 vote this morning. To date, the bill lacks a Senate sponsor.
It is unusual for a House Speaker or Senate President to take a personal interest in a bill's success, lawmakers acknowledge. And Cretul's staff, along with council chairman Rob Schenck, the bill's sponsor, had refused to link Cretul with the bill until the Ocala Republican himself said that he is backing the bill at the behest of Florida Farm Bureau President John Hoblick. The Florida Farm Bureau has contributed $29,000 to the Republican Party of Florida since 2008.
Hoblick's 16-year-old son Jake died from a lethal combination of alcohol and illegal prescription drugs. Hoblick, out of town when his son Jake died, heard his older son John's 911 call on the news and asked Cretul to do something about keeping the emergency calls out of the public domain.
Making the calls secret spares victims and their families the trauma of reliving the tragedies when they are broadcast on television or the Internet, Cretul said. Transcripts of the tapes would be available 60 days later.
"When those folks are calling in, they're generally calling in for help. In some cases, the situations are tragic. In the case of the gentleman that first brought it to my attention, his was a 16-year-old son that had been found after doing something he shouldn't have been doing, by his older brother. You know. It has to be difficult. It is difficult for those families," Cretul, R-Ocala, said.
But Rep. Rick Kriseman, a St. Petersburg Democrat, objected that the transcripts are not available to the victims of the 911 calls unless they made the calls themselves.
Kriseman, a lawyer who voted against the bill, also said automobile manufacturer Toyota may not have responded to quickly to runaway cars without the 911 tapes.
"Had it not been for the recording, the pressure that's now being put on Toyota would not have happened. Because it was through that recording that we learned about the problem with the gas pedals and all the other associated problems. That's a protection that we're losing by putting this in place," Kriseman said.
The husband of Denise Amber Lee, a Northport woman who was murdered after a botched 911 call, pleaded in an e-mail to Cretul and Schenck not to pass the bill, in a message that Cretul apparently ignored until it was called to his attention long after the vote.
Nathan Lee also asked that his message be read at Schenck's committee, but Schenck made no reference to Lee's message at the meeting.
"We believe 9-1-1 issues need more transparency and not less if we are ever to learn from past mistakes," Lee wrote.
In the e-mail, Lee details an eyewitness 911 call that could have saved his late wife's life, had it been handled correctly.
"She provided the exact location of this event and even though there were, by all accounts, four police cars within a mile of this call, it was never dispatched. This call was, obviously, grossly mishandled and would have resulted in the saving of Denise's life," Lee wrote.
"This call was hidden from the public and myself. And even hidden from the police department who was actively investigating the case and searching for my wife for two days. The subsequent internal affairs investigation shows the communication center and agency who took this crucial call were immediately aware that the call was about Denise. The call was suppressed. Had the eyewitness not contacted the North Port Police Department, we may never have known about her call. And the prosecution would have lost the last eyewitness to see my wife alive," he wrote.
Cretul said he supports the 911 training bill.
"But my whole interest in this issue has been watching what it also does to families and what it does to people that call in. They become suddenly out there for all the world to see," Cretul said in an interview. "This is a very tough, very difficult issue. Very sensitive in all respects."
The Lee family is familiar with the pain associated with the 911 calls. A six-minute 911 call made by Denise Amber Lee pleading for her life while she was held captive by the man who was later convicted of murdering her is used in training sessions throughout the nation, Nathan's father Mark Lee said.
The family often attends such sessions, he said.
"We go out of the room. We don't want to listen to it. We don't want to hear it. But if it's helping those people train and be better listeners for the next Denise that calls, it's worth it," Mark Lee said. "Now, we're going to lock those up and we're going to save somebody's feelings. The tragedy isn't the call that was made to 911. The tragedy is what happened."
Despite Cretul's clout in the House, the bill lacks a Senate sponsor.
Sen. Garrett Richter had originally agreed to run a companion for Schenck, R-Spring Hill, but backed off the bill even before controversy surrounding it -- First Amendment and civil rights lawyers also staunchly oppose it -- erupted this week. The Naples Republican said he won't sponsor the measure
By Dara Kam Palm Beach Post Staff Writer
Updated: 8:16 p.m. Wednesday, March 10, 2010
Posted: 7:13 p.m. Wednesday, March 10, 2010
TALLAHASSEE — House Speaker Larry Cretul is pushing a measure to make 911 calls secret, on behalf of the president of an association that has contributed nearly $30,000 the state GOP in the past two years.
The controversial proposal has angered some crime victims, who object that it's taking attention away from their efforts to require training for emergency dispatchers.
Cretul used an uncommon procedural maneuver to ensure the bill's passage this morning. He temporarily assigned one of his top lieutenants, House Speaker Pro Tem Ron Reagan, R-Bradenton, to the Government Accountability Policy Council meeting to cast a vote in favor of the measure (PCB GAP 10-3).
The committee approved it with an 8-5 vote this morning. To date, the bill lacks a Senate sponsor.
It is unusual for a House Speaker or Senate President to take a personal interest in a bill's success, lawmakers acknowledge. And Cretul's staff, along with council chairman Rob Schenck, the bill's sponsor, had refused to link Cretul with the bill until the Ocala Republican himself said that he is backing the bill at the behest of Florida Farm Bureau President John Hoblick. The Florida Farm Bureau has contributed $29,000 to the Republican Party of Florida since 2008.
Hoblick's 16-year-old son Jake died from a lethal combination of alcohol and illegal prescription drugs. Hoblick, out of town when his son Jake died, heard his older son John's 911 call on the news and asked Cretul to do something about keeping the emergency calls out of the public domain.
Making the calls secret spares victims and their families the trauma of reliving the tragedies when they are broadcast on television or the Internet, Cretul said. Transcripts of the tapes would be available 60 days later.
"When those folks are calling in, they're generally calling in for help. In some cases, the situations are tragic. In the case of the gentleman that first brought it to my attention, his was a 16-year-old son that had been found after doing something he shouldn't have been doing, by his older brother. You know. It has to be difficult. It is difficult for those families," Cretul, R-Ocala, said.
But Rep. Rick Kriseman, a St. Petersburg Democrat, objected that the transcripts are not available to the victims of the 911 calls unless they made the calls themselves.
Kriseman, a lawyer who voted against the bill, also said automobile manufacturer Toyota may not have responded to quickly to runaway cars without the 911 tapes.
"Had it not been for the recording, the pressure that's now being put on Toyota would not have happened. Because it was through that recording that we learned about the problem with the gas pedals and all the other associated problems. That's a protection that we're losing by putting this in place," Kriseman said.
The husband of Denise Amber Lee, a Northport woman who was murdered after a botched 911 call, pleaded in an e-mail to Cretul and Schenck not to pass the bill, in a message that Cretul apparently ignored until it was called to his attention long after the vote.
Nathan Lee also asked that his message be read at Schenck's committee, but Schenck made no reference to Lee's message at the meeting.
"We believe 9-1-1 issues need more transparency and not less if we are ever to learn from past mistakes," Lee wrote.
In the e-mail, Lee details an eyewitness 911 call that could have saved his late wife's life, had it been handled correctly.
"She provided the exact location of this event and even though there were, by all accounts, four police cars within a mile of this call, it was never dispatched. This call was, obviously, grossly mishandled and would have resulted in the saving of Denise's life," Lee wrote.
"This call was hidden from the public and myself. And even hidden from the police department who was actively investigating the case and searching for my wife for two days. The subsequent internal affairs investigation shows the communication center and agency who took this crucial call were immediately aware that the call was about Denise. The call was suppressed. Had the eyewitness not contacted the North Port Police Department, we may never have known about her call. And the prosecution would have lost the last eyewitness to see my wife alive," he wrote.
Cretul said he supports the 911 training bill.
"But my whole interest in this issue has been watching what it also does to families and what it does to people that call in. They become suddenly out there for all the world to see," Cretul said in an interview. "This is a very tough, very difficult issue. Very sensitive in all respects."
The Lee family is familiar with the pain associated with the 911 calls. A six-minute 911 call made by Denise Amber Lee pleading for her life while she was held captive by the man who was later convicted of murdering her is used in training sessions throughout the nation, Nathan's father Mark Lee said.
The family often attends such sessions, he said.
"We go out of the room. We don't want to listen to it. We don't want to hear it. But if it's helping those people train and be better listeners for the next Denise that calls, it's worth it," Mark Lee said. "Now, we're going to lock those up and we're going to save somebody's feelings. The tragedy isn't the call that was made to 911. The tragedy is what happened."
Despite Cretul's clout in the House, the bill lacks a Senate sponsor.
Sen. Garrett Richter had originally agreed to run a companion for Schenck, R-Spring Hill, but backed off the bill even before controversy surrounding it -- First Amendment and civil rights lawyers also staunchly oppose it -- erupted this week. The Naples Republican said he won't sponsor the measure
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