http://www.tampabay.com/opinion/editorials/article1079516.ece
A Times Editorial
Keep recordings of 911 calls public
In Print: Monday, March 15, 2010
Florida's accidental House speaker, Larry Cretul, has not left much of an imprint since taking over last year in the wake of the Ray Sansom scandal. Now the Ocala Republican is manipulating the legislative process on behalf of a powerful constituent — at the expense of sound public policy. Cretul is fast-tracking a bill that would exempt recordings of 911 calls from public records laws, which would make it more difficult to hold law enforcement agencies accountable for the way they respond to emergencies. It is an effort driven more by emotion than clear-headed reason, and lawmakers who embrace open government should reject this effort to keep these recordings secret.
Proposed House Government Affairs Policy Committee Bill 10-03a would allow only public safety officials — and no one else — access to 911 recordings, including recordings made before the bill became law. The measure might as well be called the Relieve Police Officers, Firefighters and 911 Operators From Accountability Act. Exposing the failures of ill-trained, bungling or malicious police, fire and emergency personnel would become infinitely harder.
The bill would silence the voices of victims like Denise Amber Lee, whose horrific abduction in Sarasota County at the hands of a murderer was captured in a series of 911 calls that revealed a dispatcher's mistakes that likely cost Lee her life. Lee's husband, Nathan, courageously opposes the bill and notes that "911 issues need more transparency and not less if we are ever to learn from past mistakes."
Cretul's sudden interest in secrecy stems from the drug overdose death last year of the 16-year-old son of the president of the Florida Farm Bureau, a powerful advocacy group of growers and ranchers headquartered in Cretul's district. The father, John Hoblick, told Cretul his family was traumatized when local television stations played the 911 recording of his older son's call after he found his younger brother unresponsive. No one enjoys hearing tapes of their relatives' anguished calls for help in a crisis. But as Nathan Lee notes, there is a greater public issue at stake.
For example, after recordings from Lee's murder became public, the Legislature passed the Denise Amber Lee act two years ago, establishing voluntary statewide certification for emergency dispatchers. If lawmakers embrace this latest bill, citizens would only be allowed written transcripts of 911 calls. Those transcripts would be available 60 days later, with the individual seeking the record paying for the transcription.
A belated, written transcription is not enough. Transcripts can be ambiguous, and they lack tone and context. As Lee's father, Mark Lee, said about recordings: "It's like a song. . . . Hearing a song is a lot more powerful than reading the lyrics." He also opposes Cretul's bill.
Cretul stacked the House committee last week to make sure the bill passed, 8-5. But two-thirds of both the House and Senate are required to approve a public record exemption, and the speaker is still trying to recruit an influential Senate sponsor. It is never easy for many lawmakers to stand up to a House speaker who has control over the fate of their own bills and budget issues — particularly when initial public sentiment may be on his side. But emotional responses to specific incidents often make bad law. Making recordings of 911 tapes secret would cloud Florida's legacy of government-in-the-sunshine and make it more difficult to hold emergency personnel accountable for their actions in the minutes when residents need them most.
[Last modified: Mar 15, 2010 08:33 AM]
Showing posts with label PCB GAP 10-03. Show all posts
Showing posts with label PCB GAP 10-03. Show all posts
Monday, March 15, 2010
Thursday, March 11, 2010
Hernando Today
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.
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.
recent articles and links
from Michael Pelter (March 9, 2010) West Olando News Online :
http://westorlandonews.com/2010/03/09/crist-house-may-be-at-odds-on-911-call-privacy/
from Martin Merzer (March 10, 2010)Florida AP (Miami Herald Media Co.):
http://www.miamiherald.com/2010/03/09/1520630/lawmakers-considers-bill-to-restrict.html
from Dara Kam (March 9, 2010) Post on Politics (The Palm Beach Post):
http://www.postonpolitics.com/2010/03/crist-not-keen-on-keeping-911-calls-secret/
from Dara Kam (March 8, 2010) The Palm Beach Post:
http://www.palmbeachpost.com/news/not-all-crime-victims-pleased-with-fla-house-332575.html
from Jackie Barron (March 11, 2010) Tampa Bay Online:
http://www2.tbo.com/content/2010/mar/11/house-committee-passes-911-privacy-bill/news-breaking/
from John Frank (March 10, 2010) Miami Herald:
http://www.miamiherald.com/2010/03/11/1523436/house-panel-approves-ban-on-release.html
From Lloyd Dunkelberger (March 11, 2010) Herald Tribune:
http://www.heraldtribune.com/article/20100311/ARTICLE/3111077/-1/NEWSSITEMAP?p=1&tc=pg
From Eric Ernst (March 10, 2010) Herald Tribune editorial:
http://www.heraldtribune.com/article/20100310/COLUMNIST/3101027/2416/NEWS?Title=Ernst-All-Nathan-Lee-wants-is-for-911-to-get-it-right
From Sara Kennedy (March 11, 2010) Bradenton.com:
http://www.bradenton.com/2010/03/11/2121986/reagan-holder-back-911-tape-proposal.html
From the Dayton Beach News Journal (March 11, 2010):
http://www.news-journalonline.com/news/local/west-volusia/2010/03/11/area-dad-behind-call-to-bar-9-1-1-releases.html
From Whitney Ray (March 10, 2010) Capitol News Service:
http://www.flanews.com/?p=8870
and this:
http://cbs4.com/local/911.call.calls.2.1550894.html
http://westorlandonews.com/2010/03/09/crist-house-may-be-at-odds-on-911-call-privacy/
from Martin Merzer (March 10, 2010)Florida AP (Miami Herald Media Co.):
http://www.miamiherald.com/2010/03/09/1520630/lawmakers-considers-bill-to-restrict.html
from Dara Kam (March 9, 2010) Post on Politics (The Palm Beach Post):
http://www.postonpolitics.com/2010/03/crist-not-keen-on-keeping-911-calls-secret/
from Dara Kam (March 8, 2010) The Palm Beach Post:
http://www.palmbeachpost.com/news/not-all-crime-victims-pleased-with-fla-house-332575.html
from Jackie Barron (March 11, 2010) Tampa Bay Online:
http://www2.tbo.com/content/2010/mar/11/house-committee-passes-911-privacy-bill/news-breaking/
from John Frank (March 10, 2010) Miami Herald:
http://www.miamiherald.com/2010/03/11/1523436/house-panel-approves-ban-on-release.html
From Lloyd Dunkelberger (March 11, 2010) Herald Tribune:
http://www.heraldtribune.com/article/20100311/ARTICLE/3111077/-1/NEWSSITEMAP?p=1&tc=pg
From Eric Ernst (March 10, 2010) Herald Tribune editorial:
http://www.heraldtribune.com/article/20100310/COLUMNIST/3101027/2416/NEWS?Title=Ernst-All-Nathan-Lee-wants-is-for-911-to-get-it-right
From Sara Kennedy (March 11, 2010) Bradenton.com:
http://www.bradenton.com/2010/03/11/2121986/reagan-holder-back-911-tape-proposal.html
From the Dayton Beach News Journal (March 11, 2010):
http://www.news-journalonline.com/news/local/west-volusia/2010/03/11/area-dad-behind-call-to-bar-9-1-1-releases.html
From Whitney Ray (March 10, 2010) Capitol News Service:
http://www.flanews.com/?p=8870
and this:
http://cbs4.com/local/911.call.calls.2.1550894.html
Wednesday, March 10, 2010
Politics at it's shabbiest. Tallahassee.
Thank you Palm Beach Post for bringing to light this issue. I cannot convey my disgust with Tallahassee and am ashamed to admit I am registered Repuplican.
Speaker Cretul ignores e-mail from husband of botched 911 call murder victim
Dara Kam March 10th, 2010
Denise Amber Lee’s six-minute 911 call that helped convict her killer is among the most notorious examples of 911 calls gone wrong, the calls that are now in House Speaker Larry Cretul’s crosshairs as he tries to create a public records exemptions for them.
Her husband Nathan Lee sent an e-mail to the sponsor of Cretul’s bill, House Government Accountability Policy Council Chairman Rob Schenk, pleading with the committee to shoot down the measure that would make 911 call recordings secret except for transcripts that could be available after 60 days. Lee also asked that his message be read at Schenk’s committee hearing the bill (PCB GAP 10-03) before it was voted on this morning.
Schenk made no reference to Lee’s message and did not read it before the measure passed by an 8-5 vote. And Cretul, who used a procedural maneuver to ensure the bill passed, never read it at all. He said he received it last night. Public records show that Cretul, his spokeswoman Jill Chamberlin and Schenk received it around 3:30 p.m. yesterday.
“I haven’t read the e-mail. I’m sure that he makes some excellent points,” Cretul, R-Ocala, said shortly before the House began session at 1 p.m.
Nathan Lee and his parents are pushing a separate 911 bill that would require uniform training standards for 911 dispatchers throughout the state. His wife was killed despite five 911 calls made in two counties, including one from a witness whose call was ignored.
Lee’s e-mail uses the botched handling of the eyewitness’ emergency call made on the day his wife was killed in 2008 to demonstrate why the calls should be available to the public.
“She provided the exact location of this event and even though there were, by all accounts, 4 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. Two days after this call, she was found in a grave, naked and with a single gunshot wound to the head. 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,” Lee wrote.
Cretul said he supports the training and certification 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.”
Read the entire text of Nathan Lee’s message after the jump.
“Dear Representative Schenck,
I am writing to you about PCB GAP 10-03 that has been suggested by your
committee. Unfortunately, I am unable to attend your meeting this morning.
But I would appreciate you reading this email to the committee. Thank you.
As you may or may not know, our foundation was formed out of the tragic
abduction, rape, and murder of my wife, Denise Lee.
Five 9-1-1 calls were made the day she was taken kidnapped from our home
by a complete stranger. One call was made by Denise herself when she
dialed 9-1-1 with her killer’s cell phone without his knowledge. During
the recent murder trial, we had to listen to over 6 minutes of this painful
call where she begged for her life desperately pleading to come home to me
and our 2 boys. I understand the pain and suffering of having to listen to
tragic 9-1-1 calls.
Another 9 minute 9-1-1 call was made that day from a bystander witnessing
the abduction. She provided the exact location of this event and even
though there were, by all accounts, 4 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. Two
days after this call, she was found in a grave, naked and with a single
gunshot wound to the head. 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.
We believe 9-1-1 issues need more transparency and not less if we are ever
to learn from past mistakes.
In the aftermath of our tragedy, we have been invited around the country
to speak at state and national 9-1-1 conferences on the need for a
mandatory, uniform training standard that all 9-1-1 telecommunicators
should be required to take. There is no reason for the general public to
support or demand additional fees be approved for 9-1-1 if these types of
calls are suppressed from the public discussion. The public needs to know
the challenges of the system in order to vote for additional funding to
improve it. This bill would be totally counter-productive to that end. It
only serves to shelter the agencies from scrutiny. We are victims that
this bill purports to represent but we feel saving another family from the
pain and suffering that we have endured is far more important than saving
us from hearing Denise’s last words. Forward thinking legislators with
integrity and vision would see these calls are valuable training moments
and powerful emotional tools to change public policy to improve the system.
Please do not pass this bill.
Thank you for your time and thank you for reading this for me.
Nathan Lee
Chairman/Co-Founder
Denise Amber Lee Foundation
www.deniseamberlee.org”
Speaker Cretul ignores e-mail from husband of botched 911 call murder victim
Dara Kam March 10th, 2010
Denise Amber Lee’s six-minute 911 call that helped convict her killer is among the most notorious examples of 911 calls gone wrong, the calls that are now in House Speaker Larry Cretul’s crosshairs as he tries to create a public records exemptions for them.
Her husband Nathan Lee sent an e-mail to the sponsor of Cretul’s bill, House Government Accountability Policy Council Chairman Rob Schenk, pleading with the committee to shoot down the measure that would make 911 call recordings secret except for transcripts that could be available after 60 days. Lee also asked that his message be read at Schenk’s committee hearing the bill (PCB GAP 10-03) before it was voted on this morning.
Schenk made no reference to Lee’s message and did not read it before the measure passed by an 8-5 vote. And Cretul, who used a procedural maneuver to ensure the bill passed, never read it at all. He said he received it last night. Public records show that Cretul, his spokeswoman Jill Chamberlin and Schenk received it around 3:30 p.m. yesterday.
“I haven’t read the e-mail. I’m sure that he makes some excellent points,” Cretul, R-Ocala, said shortly before the House began session at 1 p.m.
Nathan Lee and his parents are pushing a separate 911 bill that would require uniform training standards for 911 dispatchers throughout the state. His wife was killed despite five 911 calls made in two counties, including one from a witness whose call was ignored.
Lee’s e-mail uses the botched handling of the eyewitness’ emergency call made on the day his wife was killed in 2008 to demonstrate why the calls should be available to the public.
“She provided the exact location of this event and even though there were, by all accounts, 4 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. Two days after this call, she was found in a grave, naked and with a single gunshot wound to the head. 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,” Lee wrote.
Cretul said he supports the training and certification 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.”
Read the entire text of Nathan Lee’s message after the jump.
“Dear Representative Schenck,
I am writing to you about PCB GAP 10-03 that has been suggested by your
committee. Unfortunately, I am unable to attend your meeting this morning.
But I would appreciate you reading this email to the committee. Thank you.
As you may or may not know, our foundation was formed out of the tragic
abduction, rape, and murder of my wife, Denise Lee.
Five 9-1-1 calls were made the day she was taken kidnapped from our home
by a complete stranger. One call was made by Denise herself when she
dialed 9-1-1 with her killer’s cell phone without his knowledge. During
the recent murder trial, we had to listen to over 6 minutes of this painful
call where she begged for her life desperately pleading to come home to me
and our 2 boys. I understand the pain and suffering of having to listen to
tragic 9-1-1 calls.
Another 9 minute 9-1-1 call was made that day from a bystander witnessing
the abduction. She provided the exact location of this event and even
though there were, by all accounts, 4 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. Two
days after this call, she was found in a grave, naked and with a single
gunshot wound to the head. 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.
We believe 9-1-1 issues need more transparency and not less if we are ever
to learn from past mistakes.
In the aftermath of our tragedy, we have been invited around the country
to speak at state and national 9-1-1 conferences on the need for a
mandatory, uniform training standard that all 9-1-1 telecommunicators
should be required to take. There is no reason for the general public to
support or demand additional fees be approved for 9-1-1 if these types of
calls are suppressed from the public discussion. The public needs to know
the challenges of the system in order to vote for additional funding to
improve it. This bill would be totally counter-productive to that end. It
only serves to shelter the agencies from scrutiny. We are victims that
this bill purports to represent but we feel saving another family from the
pain and suffering that we have endured is far more important than saving
us from hearing Denise’s last words. Forward thinking legislators with
integrity and vision would see these calls are valuable training moments
and powerful emotional tools to change public policy to improve the system.
Please do not pass this bill.
Thank you for your time and thank you for reading this for me.
Nathan Lee
Chairman/Co-Founder
Denise Amber Lee Foundation
www.deniseamberlee.org”
Tuesday, March 9, 2010
Go Charlie! Thank you for speaking up.
Crist not keen on keeping 911 calls secret
by Dara Kam March 9th, 2010
Gov. Charlie Crist said today he may veto a measure that would create a new public records exemption for 911 calls.
First Amendment advocates and some victims vigorously oppose the legislation, the brainchild of House Speaker Larry Cretul and other unidentified House GOP “leaders,” according to Cretul’s spokeswoman Jill Chamberlain.
Cretul believes the calls should be made secret to spare victims from reliving traumatic events when tapes of the emergency calls are broadcast.
But some victims, including the family of one of the most notorious 911-calls-gone wrong kidnap and murder victim Denise Amber Lee, want the calls to remain public to keep dispatchers and law enforcement officials accountable when they err.
Crist, whose first act after becoming governor in 2007 was to create the “Office of Open Government,” said he prefers greater openness and transparency.
“What we can learn after the fact many times with these 911 recordings can be beneficial to make sure that it’s done better in the future because you can discover mistakes or maybe better management practices that can be utilized in the application of 911,” Crist said this morning.
“It’s been a great thing for the people, a great thing for safety and it has saved a lot of lives. But if we keep those secret going forward, we might not be able to continue to learn from those experiences as to what might help people in the future,” he said.
The House Government Policy Accountability Council is slated to take up the measure (PCB GAP 10-3, PCB GAP 10-3A) tomorrow morning.
http://www.postonpolitics.com/2010/03/crist-not-keen-on-keeping-911-calls-secret/
by Dara Kam March 9th, 2010
Gov. Charlie Crist said today he may veto a measure that would create a new public records exemption for 911 calls.
First Amendment advocates and some victims vigorously oppose the legislation, the brainchild of House Speaker Larry Cretul and other unidentified House GOP “leaders,” according to Cretul’s spokeswoman Jill Chamberlain.
Cretul believes the calls should be made secret to spare victims from reliving traumatic events when tapes of the emergency calls are broadcast.
But some victims, including the family of one of the most notorious 911-calls-gone wrong kidnap and murder victim Denise Amber Lee, want the calls to remain public to keep dispatchers and law enforcement officials accountable when they err.
Crist, whose first act after becoming governor in 2007 was to create the “Office of Open Government,” said he prefers greater openness and transparency.
“What we can learn after the fact many times with these 911 recordings can be beneficial to make sure that it’s done better in the future because you can discover mistakes or maybe better management practices that can be utilized in the application of 911,” Crist said this morning.
“It’s been a great thing for the people, a great thing for safety and it has saved a lot of lives. But if we keep those secret going forward, we might not be able to continue to learn from those experiences as to what might help people in the future,” he said.
The House Government Policy Accountability Council is slated to take up the measure (PCB GAP 10-3, PCB GAP 10-3A) tomorrow morning.
http://www.postonpolitics.com/2010/03/crist-not-keen-on-keeping-911-calls-secret/
Orlando Sentinel
Crist takes issue with bill to exempt 911 calls from disclosure
2010 session, Carey Baker, Larry Cretul, Public records — posted by orlandosentinel on March, 9 2010 6:32 PM
TALLAHASSEE — A measure to exempt 911 recordings from public records laws may pit the House sponsor against the governor, a fellow Republican, as lawmakers debate whether they can protect privacy while maintaining oversight over emergency dispatcher performance.
With 911 tapes increasingly used by media outlets as prurient entertainment, calls are growing to restrict who has access to the recordings made during some of life’s most horrific moments.
Such concern has lead Rep. Rob Schenk, R-Spring Hill, to propose a measure that would shield audio recordings of the emergency calls to all but law enforcement officials. Citizens including the caller would be allowed to review the tapes only under a judge’s order.
On Tuesday, Gov. Charlie Crist told the News Service of Florida that he has yet to see the legislation, but generally said he supports keeping the records open for public scrutiny.
”I think we ought to keep it open,” Crist said. “You learn more about what happens with these 911 calls when it’s open. You have that kind of transparency where the truth is more available and easily attainable.”
The bill is scheduled to be heard Wednesday in the House Government Affairs Policy Council, its first committee stop.
“The need for emergency services bespeaks a very personal and often traumatizing event,” the bill reads. “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 families of those persons.”
Law enforcement officials would have immediate access to the actual recordings. The public would not. Transcripts of the recordings would be available 60 days after the call was made. The requester would be billed the cost of transcription.
The measure has raised concerns from open records advocates who say recordings provide vital oversight of the agencies charged with responding to emergency situations. Others, however, say the tapes have too often become audio fodder in a reality-TV world.
“Quite frankly, I’m more concerned about the victims’ side of it and their ability to use 911,” Schenk said.
The issue has taken on added prominence following a highly publicized Charlotte County case in which a 911 operator sounded confused and rattled during a 10-minute called from Denise Amber Lee, a 21-year-old mother who was abducted and later found murdered. Her parents have since used her case to encourage more training for 911 staff.
And this week, the Palm Beach Post reported that Lee’s parents are against closing off access to the tapes for that reason. The Post also reported that the push for the measure has come from House Speaker Larry Cretul, R-Ocala.
Rep. Will Snyder, R-Stuart, and chairman of the Criminal & Civil Justice Policy Council, said he’s confident a balance can be struck on the issue. While disclosure is often used for prurient motives, oversight is needed to address mishandled 911 calls that Snyder said are few and far between.
“I think there is a lot of room for compromise going forward,” Snyder said
2010 session, Carey Baker, Larry Cretul, Public records — posted by orlandosentinel on March, 9 2010 6:32 PM
TALLAHASSEE — A measure to exempt 911 recordings from public records laws may pit the House sponsor against the governor, a fellow Republican, as lawmakers debate whether they can protect privacy while maintaining oversight over emergency dispatcher performance.
With 911 tapes increasingly used by media outlets as prurient entertainment, calls are growing to restrict who has access to the recordings made during some of life’s most horrific moments.
Such concern has lead Rep. Rob Schenk, R-Spring Hill, to propose a measure that would shield audio recordings of the emergency calls to all but law enforcement officials. Citizens including the caller would be allowed to review the tapes only under a judge’s order.
On Tuesday, Gov. Charlie Crist told the News Service of Florida that he has yet to see the legislation, but generally said he supports keeping the records open for public scrutiny.
”I think we ought to keep it open,” Crist said. “You learn more about what happens with these 911 calls when it’s open. You have that kind of transparency where the truth is more available and easily attainable.”
The bill is scheduled to be heard Wednesday in the House Government Affairs Policy Council, its first committee stop.
“The need for emergency services bespeaks a very personal and often traumatizing event,” the bill reads. “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 families of those persons.”
Law enforcement officials would have immediate access to the actual recordings. The public would not. Transcripts of the recordings would be available 60 days after the call was made. The requester would be billed the cost of transcription.
The measure has raised concerns from open records advocates who say recordings provide vital oversight of the agencies charged with responding to emergency situations. Others, however, say the tapes have too often become audio fodder in a reality-TV world.
“Quite frankly, I’m more concerned about the victims’ side of it and their ability to use 911,” Schenk said.
The issue has taken on added prominence following a highly publicized Charlotte County case in which a 911 operator sounded confused and rattled during a 10-minute called from Denise Amber Lee, a 21-year-old mother who was abducted and later found murdered. Her parents have since used her case to encourage more training for 911 staff.
And this week, the Palm Beach Post reported that Lee’s parents are against closing off access to the tapes for that reason. The Post also reported that the push for the measure has come from House Speaker Larry Cretul, R-Ocala.
Rep. Will Snyder, R-Stuart, and chairman of the Criminal & Civil Justice Policy Council, said he’s confident a balance can be struck on the issue. While disclosure is often used for prurient motives, oversight is needed to address mishandled 911 calls that Snyder said are few and far between.
“I think there is a lot of room for compromise going forward,” Snyder said
Monday, March 8, 2010
Apparently Governor Crist agrees
Originally published March 4, 2010
House to hear 911 bill: Measure would exempt tapes from open records laws
By Paul Flemming
A House member wants to block release of 911 tapes and exempt them as open records to protect victims from further trauma by public release.
The bill by Rep. Robert Schenck, a Spring Hill Republican, drew the swift opposition of open-government advocates. Schenck's bill will be heard next week in the House council he chairs.
"I just feel like victims need protection," said Rep. Robert Schenck, a Republican from Spring Hill. Identifying personal information contained in the calls is already blocked from release.
Gov. Charlie Crist said he favors keeping the tapes as public records.
"I think it's always better when you shed light on any situation, whether it's a 911 call, whether it's public expenditures, no matter what it might be, transparency is always the right call," Crist said.
Barbara Petersen, president of the Florida First Amendment Foundation, on Tuesday alerted her media-supported group about the bill. She labeled the proposal the Tiger Woods Relief Act, linking it to the release late last year of calls to 911 following Woods' November car crash outside of his Florida home.
"With all due respect, that is completely ridiculous," Schenck said.
The bill was scheduled for a hearing Wednesday, but discussion of other legislation delayed its consideration for a week.
"We're not going to discount their concerns" about victims, Petersen said. "Sometimes we have to look at the broader picture, too."
Recordings of 911 calls that are now open to the public would be closed by the bill if it became law. Instead, transcripts of the calls would be made available within 60 days.
Released 911 recordings have revealed negligence by emergency responders. Schenck said his proposal protects victim privacy while maintaining watchdog abilities.
"We're still keeping that intact with release of the transcript," Schenck said.
Petersen said transcripts wouldn't allow the same level of scrutiny. She cited a recent Tampa case in which a dispatcher was argumentative with a caller, did not follow procedure and the woman died.
"Access to these tapes is important. The transcript doesn't do us any good," Petersen said. "Intonation is as important as what's being said."
Schenck said he was contacted by individuals and victim advocates to ban the release of the tapes, though he said he couldn't name them off the top of his head.
In 2001, the Legislature banned the release of autopsy photos in the wake of race-car driver Dale Earnhardt's death in a wreck at the Daytona 500.
http://www.floridacapitalnews.com/article/20100304/CAPITOLNEWS/3040319
House to hear 911 bill: Measure would exempt tapes from open records laws
By Paul Flemming
A House member wants to block release of 911 tapes and exempt them as open records to protect victims from further trauma by public release.
The bill by Rep. Robert Schenck, a Spring Hill Republican, drew the swift opposition of open-government advocates. Schenck's bill will be heard next week in the House council he chairs.
"I just feel like victims need protection," said Rep. Robert Schenck, a Republican from Spring Hill. Identifying personal information contained in the calls is already blocked from release.
Gov. Charlie Crist said he favors keeping the tapes as public records.
"I think it's always better when you shed light on any situation, whether it's a 911 call, whether it's public expenditures, no matter what it might be, transparency is always the right call," Crist said.
Barbara Petersen, president of the Florida First Amendment Foundation, on Tuesday alerted her media-supported group about the bill. She labeled the proposal the Tiger Woods Relief Act, linking it to the release late last year of calls to 911 following Woods' November car crash outside of his Florida home.
"With all due respect, that is completely ridiculous," Schenck said.
The bill was scheduled for a hearing Wednesday, but discussion of other legislation delayed its consideration for a week.
"We're not going to discount their concerns" about victims, Petersen said. "Sometimes we have to look at the broader picture, too."
Recordings of 911 calls that are now open to the public would be closed by the bill if it became law. Instead, transcripts of the calls would be made available within 60 days.
Released 911 recordings have revealed negligence by emergency responders. Schenck said his proposal protects victim privacy while maintaining watchdog abilities.
"We're still keeping that intact with release of the transcript," Schenck said.
Petersen said transcripts wouldn't allow the same level of scrutiny. She cited a recent Tampa case in which a dispatcher was argumentative with a caller, did not follow procedure and the woman died.
"Access to these tapes is important. The transcript doesn't do us any good," Petersen said. "Intonation is as important as what's being said."
Schenck said he was contacted by individuals and victim advocates to ban the release of the tapes, though he said he couldn't name them off the top of his head.
In 2001, the Legislature banned the release of autopsy photos in the wake of race-car driver Dale Earnhardt's death in a wreck at the Daytona 500.
http://www.floridacapitalnews.com/article/20100304/CAPITOLNEWS/3040319
Sunday, March 7, 2010
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?
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?
Vote NO to PCB GAP 10-03 "Tiger Woods Relief Act"
from the Palm Beach Post:
House to discuss restricting release of 911 calls
TALLAHASSEE, Fla. — Dubbed the "Tiger Woods Relief Act" by an opponent, a bill that would dramatically limit public access to 911 emergency calls is scheduled for debate in the state House.
The measure (PCB GAP 1003) scheduled to be discussed Wednesday would prohibit the release of recorded 911 calls. It would allow access to call transcripts, but only after 60 days and at the expense of whoever requests those transcripts.
Supporters say the measure is necessary because some callers might be hesitant to seek assistance knowing that the tape is subject to public disclosure. Opponents say public access, among other things, ensures proper oversight of emergency service and police departments.
The 911 calls related to the Tiger Woods incident came within days of the event.
http://www.palmbeachpost.com/news/state/house-to-discuss-restricting-release-of-911-calls-311978.html?showComments=true&postingId=327374#commentsList
my comment:
My daughter-inlaw died because of the failure of our 9-1-1 system. I oppose this bill. There is nothing more heartbreaking than to listen to your daughter in law's last words as she is kidnapped and driven to her death. The call lasted over six minutes. A 9-1-1 call that could've saved her was mishandled. We SHOULD NO Thave to listen to these calls. But then the 9-1-1 centers should not have FAILED. If we are to improve the system, we need to be made aware of these calls. Vote NO to this bill.
House to discuss restricting release of 911 calls
TALLAHASSEE, Fla. — Dubbed the "Tiger Woods Relief Act" by an opponent, a bill that would dramatically limit public access to 911 emergency calls is scheduled for debate in the state House.
The measure (PCB GAP 1003) scheduled to be discussed Wednesday would prohibit the release of recorded 911 calls. It would allow access to call transcripts, but only after 60 days and at the expense of whoever requests those transcripts.
Supporters say the measure is necessary because some callers might be hesitant to seek assistance knowing that the tape is subject to public disclosure. Opponents say public access, among other things, ensures proper oversight of emergency service and police departments.
The 911 calls related to the Tiger Woods incident came within days of the event.
http://www.palmbeachpost.com/news/state/house-to-discuss-restricting-release-of-911-calls-311978.html?showComments=true&postingId=327374#commentsList
my comment:
My daughter-inlaw died because of the failure of our 9-1-1 system. I oppose this bill. There is nothing more heartbreaking than to listen to your daughter in law's last words as she is kidnapped and driven to her death. The call lasted over six minutes. A 9-1-1 call that could've saved her was mishandled. We SHOULD NO Thave to listen to these calls. But then the 9-1-1 centers should not have FAILED. If we are to improve the system, we need to be made aware of these calls. Vote NO to this bill.
Friday, March 5, 2010
Benefit of the doubt
okay, maybe some of these legislators did or do believe that this is in the best interests of victims families. I will do my best to give them that benefit of the doubt. But truly we need to look at the bigger picture.
The possibility of future loss of a life is a much more painful event than having to listen to a call of distress.
We never hear from calls made on 9/11. We never hear calls from the Virginia Tech Massacre or the Columbine High School Massacre. We never hear calls from the tragedies in England (London bombings) or Spain (more bombings). Why? Because the majority of the media realize how sensitive these calls are. It is the select few rotten apples in the media who prey on tragedies and sensationalize them.
The whole thing is tragic. Sad. And I pray to God (if there is one, and I have my doubts but if my the off chance there is one) I pray to God that what is best for public safety trumps all else. I pray other families understand.
Dear Denise, I just do not know what to do. If you see God, ask Him to guide us and continue to look over us. And as always, remind Him we need more people like you.
The possibility of future loss of a life is a much more painful event than having to listen to a call of distress.
We never hear from calls made on 9/11. We never hear calls from the Virginia Tech Massacre or the Columbine High School Massacre. We never hear calls from the tragedies in England (London bombings) or Spain (more bombings). Why? Because the majority of the media realize how sensitive these calls are. It is the select few rotten apples in the media who prey on tragedies and sensationalize them.
The whole thing is tragic. Sad. And I pray to God (if there is one, and I have my doubts but if my the off chance there is one) I pray to God that what is best for public safety trumps all else. I pray other families understand.
Dear Denise, I just do not know what to do. If you see God, ask Him to guide us and continue to look over us. And as always, remind Him we need more people like you.
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:
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
Subscribe to:
Posts (Atom)