HomeMy WebLinkAbout1990 05 24 Legal Opinion - Florida Emergency Telephone Act.pdfSTATE OF FLORIDA
WINTER SPRINGS
POUC£ DEPARTMENT
OFFICE 01" ATTORNEY GENERAL
ROBERT A. BUTTERWORTH
May 24, 1990
Mr. John Govoruhk 90-43
Chief of Police
Winter Springs Police Department
1126 East Highway 434
Winter Springs, Florida 32708
Dear Chief Govoruhk:
You ask substantially the following question:
Is the voice recording of a "911" call subject
to disclosure if the name, address, and
telephone number of the caller are deleted?
In sum, I am of the opinion that2
Only that portion of the voice recording of a
"911" call relating to the name, address, and
telephone number of the person calling the
emergency telephone number "911" to report an
emergency or to request emergency assistance
is exempt from the disclosure requirements of
Ch. 119, F.S. Thus, the voice recording of a
"911" call is subject to disclosure once the
name, address and telephone number of the caller
have been deleted.
Section 365.171, F.S., is the "Florida Emergency Telephone l.:::t."l
subsection (2) of the statute sets forth the legislative intent
"to establish and implement a cohesive statewide emergency
telephone number '911' plan which will provide citizens with
rapid direct access to public safety agencies by dialing the
telephone number '911' with the objective of reducing the
response time to situations requiring law enforcement, fire,
medical, rescue, and other emergency services."
Mr. John Govoruhk 90-43Page Two
Section 365.171{l5), F.S., provides for the confidentiality of
records obtained by a public agency providing such services, by
stating in part:
Any record or information 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, or telephone number of
any person requesting emergency service or reporting
an emergency by acces~ing an emergency telephone
number "911" system is exempt from the provisions
of s. 119.07(1), except that such record or infor
mation may be disclosed to a public safety agency.
The exemption applies only to the name, address,
or telephone number of any person reporting an
emergency while such information is in the custody
of the pUblic agency or public safety agency which
receives the initial "911" telephone call.
(e s . ) c
It appears clear that the recording of the telephone call by
the police departme9t qualifies as a public record as defined in
s. 119.011(1), F.S. In the absence of a statute making a record
confidential or exempt from disclosure, records of governmental
agencies must be made available for inspection. Pursuant to
s. 119.07(1) la), F.S.:
Every person who has custody of a public record
shall permit the record to be inspected and
examined by any person desiring to do so, at any
reasonable time, under reasonable conditions, and
under supervision by the custodian of the public
record or his designee.
Those public records which are provided by law to be confidential
oc which are prohibited from being inspected by the public,
whether by general oc special law, are exemqt from the above
disclosure provisions of s. 119.07(1), F.S. Where a public
record contains some information which is exempt from disclosure,
s. 119.07(2) (a), F.S., requires the custodian of the document to
delete or excise that portion or portions of the record for which
the exemption is asser~ed and to provide the remainder of the
record for inspection.
Section 365.171(15), F.S., exempts from disclosure those records
or information which reveal the name, address, or telephone
number of a person requesting or reporting an emergency through
Mr. John Govoruhk 90-43
Page Three
the "911" system. The exemption, however, is limited to the
name, address, and telephone number when in the custody of the
agency receiving the initial "911" telephone call.
Accordingly, to the extent that the voice recording contains
information other than that of the caller's name, address, or
telephone number, such information has not been made confidential
or exempt from disclosure pursuant to Ch. 119, F.S. A public
agency, therefore, is under a duty pursuant to s. 119.07(2)(a),
F.S., to delete the exempt material and to release th~ r~st. of
the record for inspection and copying.
Therefore, while that portion of the voice recording which
reveals the name, address, and telephone number of the person
reporting an emergency or requesting assistance using a "911"
number is exempt from disclosure, the public agency is required
to release the remainder 0t the voice recording once the exempt
material has been deleted.
Sin~ _~I:>~-
Robert A. Butterworth
Attorney General
RAB/tgk
1 Section 365.171(1), F.S.
2 See, s . 119.011(1), F;S., defining "Public Records" to mean
all documents, papers, letters, maps, books,
tapes, photographs, films, sound recordings
or other material, regardless of physical form
or characteristics, made or received pursuant
to law or ordinance or in connection with the
transaction of official business by any agency.
r c.s . )
And see, s. 119.011(2), F.S., defining "Agency."
3 See, s. 119.07(3) I.), F.S. And see, s. 119.07(2)(.), F.S.,
which provides that a public records custodian who contends
that a record, or a part of a record, is exempt from disclosure,
must state the basis for the exemption, including the statutory
•
Mr. John Govoruhk 90-43
Page Four
citation to the exemption. Upon request, the custodian must
state in writing and with particularity the reasons for his
conclusion that the records are exempt feom disclosure.
4 See, AGO 84-81 concluding that a custodian of records
containing both exempt and nonexempt material may comply
with s. 119.07(2) (a), F.S., by any reasonable method which
maintains and does not destroy the exempted portion while
allowing public inspection of the non exempted material.
S The 1990 Legislature has several bills before it which
would amend the language of s. 365.171, F.S. See,~,
CS/HB's 1437 and 1809 making any recording or portion thereof
which reveals any personal information about, or information
which may identify, the person requesting emergency services
or reporting an emergency by accessing the "911" number exempt.