HomeMy WebLinkAbout05-06-2015 AGO - surveillance video confidentiality and exampt public recordsAndrea Lorenzo-Luaces
From: Anthony A. Garganese [agarganese@orlandolaw.net]
Sent: Wednesday, May 06, 2015 5:58 PM
To: Kevin Smith; Kevin Brunelle; Andrea Lorenzo-Luaces
Subject: AGO - surveillance video confidential and exempt public record
Please keep this very important opinion in mind going forward related to any installed City video security systems.
The below link is to a recent AGO which holds that surveillance video from cameras on a government building are a
public record, but are confidential and exempt from public disclosure. It follows the previous 5DCA case which held
surveillance videos on public buses was not subject to public disclosure.
http://www.mvfloridaleeal.com/ago nsf/Opinions/D1398FE4C9F43FO685257E2DO04461D5
Anthony A. Garganese, Managing Shareholder
Board Certified City, County & Local Government law
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32801
P.O. Box 2873 (32802-2873)
Phone (407) 425-9566
Fax (407) 425-9596
Kissimmee (321) 402-0144
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Ft. Lauderdale (954) 670-1979
Website: www.orlandolaw.net
Email: agarganese ,orlandolaw.net
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1
.Advisory Legal Opinion - Security Systems -- Video Tapes -- Public Records
Page 1 of 4
Huvisory Legai upmion - AGO 2015-06
Number: AGO 2015-06
Date: April 16, 2015
Subject: Security Systems -- Video Tapes -- Public Records
Mr. Alan S. Zimmet
General Counsel for Pinellas
Suncoast Transit Authority
One Tampa City Center, Suite 2700
Tampa, Florida 33601
RE: SECURITY SYSTEMS - VIDEO SURVEILLANCE TAPES
tapes from surveillance cameras are confidential
inspection. ss. 281.301 and 119.071, Fla. Stat.
Dear Mr. Zimmet:
A Print Version
- PUBLIC RECORDS - video
and exempt from public
The Suncoast Transit Authority (PSTA) asks the following question:
Are surveillance video recordings from PSTA facilities exempt from
public disclosure pursuant to sections 119.071(3)(a) and 281.301,
Florida Statutes (as part of a security system plan), and section
119.071(2)(d), Florida Statutes (as information revealing the
surveillance techniques or procedures of an agency)?
In sum:
Surveillance tapes from a security system for a public building
constitute information which reveals a security system which is
confidential pursuant to sections 119.071(3)(a) and 281.301, Florida
Statutes.
Chapter 119, Florida Statutes, Florida's Public Records Law, provides a
right of access to the records of state and local governments as well as
private entities acting on their behalf.[l] This right of access applies
to all materials made or received in connection with the conduct of
official business, when such materials are used to perpetuate,
communicate, or formalize knowledge.[2] All such materials are open for
inspection and copying, unless the Legislature has exempted them from
disclosure.[3]
http://www.myfloridalegal.com/ago.nsf/Opinions/D1398FE4C9F43FO685257E2DO04461D5 9/4/2015
.Advisory Legal Opinion - Security Systems -- Video Tapes -- Public Records Page 2 of 4
Clearly, video surveillance recordings created in the course of official
business of the PSTA would be public records.[4] Your question, however,
implicates the exemptions for security systems and surveillance
techniques contained in sections 281.301 and 119.071, Florida Statutes.
151
Section 281.301, Florida Statutes, provides:
"Security systems; records and meetings exempt from public access or
disclosure. —Information relating to the security systems for any
property owned by or leased to the state or any of its political
subdivisions, and information relating to the security systems for any
privately owned or leased property which is in the possession of any
agency as defined in s. 119.011(2), including all records, information,
photographs, audio and visual presentations, schematic diagrams,
surveys, recommendations, or consultations or portions thereof relating
directly to or revealing such systems or information, and all meetings
relating directly to or that would reveal such systems or information
are confidential and exempt from ss. 119.07(1) and 286.011 and other
laws and rules requiring public access or disclosure." (e.s.)
This exemption was clarified and recreated in section 119.071, Florida
Statutes, during the 2001 Legislative Session.[6] Section 119.071(3)(a)
2., Florida Statutes, provides:
112. A security system plan or portion thereof for:
a. Any property owned by or leased to the state or any of its political
subdivisions; or
b. Any privately owned or leased property
held by any agency is confidential and exempt from s. 119.07(1) and s.
24(a), Art. I of the State Constitution."
As used in this section , the term a "security system plan" includes
"all . . . [r]ecords, information, photographs, audio and visual
presentations, schematic diagrams, surveys, recommendations, or
consultations or portions thereof relating directly to the physical
security of the facility or revealing security systems[.]"[7] (e.s.)
These provisions were previously addressed by this office when asked
whether the names and addresses of applicants for security system
permits from a city's building department, as well as the names and
addresses of persons or businesses cited for false alarms and addresses
where false alarms were reported, were public records open to inspection
and copying. In Attorney General Opinion 2004-28, this office cited the
Legislature's specific finding of a public necessity for the exemption
in section 119.071, Florida Statutes, to ensure public safety, before
concluding that the names and addresses of applicants for permits to
install security systems would be information which would reveal the
existence of a security system and, therefore, would be exempt from
public disclosure.
http://www.myfloridalegal.com/ago.nsf/Opinions/D1398FE4C9F43FO685257E2DO04461D5 9/4/2015
Advisory Legal Opinion - Security Systems -- Video Tapes -- Public Records
Page 3 of 4
The Second District Court of Appeal, in Critical Intervention Services,
Inc. v. City of Clearwater,[8] cited with approval the discussion in
Attorney General Opinion 2004-28, when it addressed whether the identity
of residential and business alarm permit holders was subject to
disclosure. The city relied upon sections 281.301 and 119.071, Florida
Statutes, to deny access to the information. The court found that the
plain language of the statutes makes confidential all records revealing
a security system and stated that disclosure of such information "would
imperil the safety of persons and property."[9]
More recently, the Fifth District Court of Appeal in Central Florida
Regional Transportation Authority d/b/a Lynx v. Post -Newsweek Stations,
Orlando, Inc.,[10] considered whether security tapes from cameras
installed on transit authority buses were confidential as revealing the
security system. Citing the provisions in section 281.301, Florida
Statutes, which state records that directly relate to or reveal
information about security systems are confidential, the court concluded
that the video footage captured by the bus camera "directly relates to
and reveals information about a security system." The court found that
the videos "which are records, reveal the capabilities —and as a
corollary, the vulnerabilities —of the current system[,]" and, therefore,
are confidential and exempt from public inspection.
Similarly, a surveillance
authority's facilities is
of a security system. As
tapes which are made by a
confidential and exempt f
Records Law pursuant to s
Sincerely,
Pam Bondi
Attorney General
PB/tals
tape from the cameras installed at the transit
information which would reveal the existence
such, it is my opinion that the surveillance
security system, while public records, are
rom the disclosure requirements of the Public
ections 281.301 and 119.071, Florida Statutes.
[1] See s. 119.01(1), Fla. Stat., setting forth the general state policy
on public records, and s. 119.011(2), Fla. Stat, defining "[a]gency" to
include "any other public or private agency, person, partnership,
corporation, or business entity acting on behalf of any public agency."
[2] And see Shevin v. Byron, Harless, Schaffer, Reid and Associates,
Inc., 379 So. 2d 633, 640 (Fla. 1980) ("public records" encompass all
materials made or received by an agency in connection with official
business which are used to perpetuate, communicate, or formalize
knowledge).
[3] See Wait v. Florida Power & Light Company, 372 So. 2d 420 (Fla.
1979) .
http://www.myfloridalegal.com/ago.nsf/Opinions/D1398FE4C9F43FO685257E2DO04461D5 9/4/2015
. Advisory Legal Opinion - Security Systems -- Video Tapes -- Public Records Page 4 of 4
[41 See s. 119.011(12), Fla. Stat, defining "Public records" as "all
documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material,
regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to law or ordinance or in
connection with the transaction of official business by any agency."
[5] While your question includes s. 119.071(2)(d), Fla. Stat., it would
appear that the provisions in subsection (2) of the statute relate to
undercover law enforcement activities and you have not indicated that
the surveillance cameras within the PSTA facility are used for such
purposes.
[6] See s. 1, Ch. 2001-361, Laws of Fla.
[7] Section 119.071(3)(a)l., Fla. Stat.
[8] 908 So. 2d 1195 (Fla. 2d DCA 2005).
[9] 908 So. 2d at 1197.
[10] Case No. 5D14-360, January 30, 2015.
Florida Toll Free Numbers:
- Fraud Hotline 1-866-966-7226
- Lemon Law 1-800-321-5366
http://www.myfloridalegal.comlago.nsfIOpinions/D1398FE4C9F43FO685257E2DO04461D5 9/4/2015