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 Representative Robert Schenck. Show all posts
Showing posts with label Representative Robert Schenck. Show all posts
Thursday, March 11, 2010
Wednesday, March 10, 2010
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
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
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
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