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How to Request Body Cam Footage From Florida Law Enforcement

Written by Adam Bair.

TL;DR: Yes, body cam footage is usually a public record in Florida. To request body cam footage, contact the police department or sheriff that made it. Name the date, time, and place, and the law closes only a few kinds of video.

This guide shows how to request body cam footage from Florida police. It also covers when the law keeps a clip closed, and how to keep the cost down. If you want footage of your own arrest, see how to get body cam footage of your arrest.

Is body cam footage public record in Florida?

Yes, in most cases. A public record is any record a public office makes or gets as part of its work. Video and sound count the same as paper.

State law defines a body camera as a recording device an officer wears on the body. It records sound and video while the officer works. That is the meaning in section 119.071(2)(l)1.a.

Many agencies call it a body-worn camera, or BWC. So body-worn camera footage, BWC footage, and body cam clips all mean the same thing here.

So the video recordings police officers make on duty start out open to public access. The office must show that a law lets it hold back any part.

The body cam rule covers only cameras worn on the body. An in-car or dash camera does not fit that meaning, so the general public records laws apply to its video.

When is police body camera footage closed?

Section 119.071(2)(l)2. makes body cam footage confidential and exempt from disclosure in three kinds of places:

Confidential and exempt means the public can't get it. The office may not hand it out, except as the law allows. The test turns on where the camera was, not on what the footage shows.

Who can still see a closed video?

Some people can. The law requires the agency to disclose the footage to certain people, including the person recorded. A court order can also open it, under section 119.071(2)(l)4.

The office may also share the footage to do its own job, or with another office for that office's work. Section 119.071(2)(l)3. allows that.

What other laws can keep parts of the footage closed?

The body cam rule does not cancel any other shield. Parts closed by another law stay closed, under section 119.071(2)(l)7. These are the main ones:

The agency must cut out only the closed part and give you the rest. Section 119.07(1)(d) sets that rule. In practice, that may mean blurred faces or muted sound, not a closed file.

Can police delay public release of body cam video during an open case?

Yes, for a time. Case work stays closed while police still expect, in good faith, to make an arrest or bring charges soon. It also stays closed during a pending case or direct appeal, under section 119.011(3)(d).

Some facts are never closed as case work. These include the time, date, place, and kind of crime, under section 119.011(3)(c).

The police also bear the burden to prove the shield applies. Florida Freedom Newspapers, Inc. v. Dempsey, 478 So. 2d 1128 (Fla. 1st DCA 1985).

Once the state gives a record to the person charged, it most often loses this shield. In one case, a reporter got tape recordings the state had given the defendant. Satz v. Blankenship, 407 So. 2d 396 (Fla. 4th DCA 1981).

That opens the case work shield only. Footage shot inside a home can still stay closed under the body cam rule.

For more, see records of an active criminal investigation.

How to request body cam footage in Florida

Send your public record request to the law enforcement agency whose officer wore the camera. That is most often a city police department or a county sheriff. Many have a records unit or an online portal.

  1. Name the agency and the officer, if you know the officer's name.
  2. Give the date and the time, as close as you can.
  3. Give the location of the incident.
  4. Give the case or incident number if you have one.
  5. Say what you want, such as all body camera footage of the stop, from start to end.
  6. Say whether you want to view the footage, get a copy, or both.

Sample wording to request body camera footage

"Under Chapter 119, Florida Statutes, please send all body camera footage of the stop at [place] on [date]. Please include [time] to [time]. Please send a cost estimate first if the charge will be more than [amount]."

Do I need a form?

You do not need to use the office's records request form. A city may not make you fill out its form to get records. Chandler v. City of Greenacres, 140 So. 3d 1080 (Fla. 4th DCA 2014).

The law also does not make you put the request in writing. A written request still helps, since it shows the date you asked. You can submit it by email, by mail, or through a portal.

As the requester, you do not have to say why you want the footage. Curry v. State, 811 So. 2d 736 (Fla. 4th DCA 2002).

The federal Freedom of Information Act covers U.S. agencies, not local or state police. So you do not need a FOIA request. See Florida public records law is not FOIA.

Is security camera footage treated the same?

No. The body cam rule covers only cameras worn by officers. Video footage from a fixed security camera falls under other rules.

The law may also close video that shows how a security system works (AGO 15-06).

Who is the records custodian for body cam footage?

The custodian is the person who keeps the records and answers requests. If a police department uses body-worn cameras, its records unit is most often the custodian of the footage.

Can I get the footage footage file itself?

Yes, if the agency keeps it that way. Under section 119.01(2)(f), it must give you a copy in the form you ask for. That holds when it keeps the record in that form.

How long until my request is fulfilled?

An agency must keep body cam footage for no less than 90 days, under section 119.071(2)(l)5. Ask soon, so the footage still exists.

Florida law sets no fixed number of days to answer. It must respond promptly and in good faith, under section 119.07(1)(c). It may take a fair time to find the footage and cut out closed parts, but no more.

How much does body cam footage cost?

You can view public records for free unless a law sets a fee. State ex rel. Davis v. McMillan, 38 So. 666 (Fla. 1905). A tape is no different from paper on this point (AGO 75-50).

A copy costs the actual cost of duplication, which means supplies, not staff time. A long clip may need a lot of review and redaction, or blurring of closed parts. Then it may add a special service charge under section 119.07(4)(d).

That charge can apply to viewing as well as copies. Board of County Commissioners of Highlands County v. Colby, 976 So. 2d 31 (Fla. 2d DCA 2008). Ask for a written estimate first, and narrow the time frame to cut the bill.

See the special service charge trap and what an office can charge.

Tips to get body cam footage faster

What if the agency denies my request for body camera footage?

Ask the agency to state the law it relies on. It must name the statute under section 119.07(1)(e). If you ask, it must explain its reasons in writing under section 119.07(1)(f).

Then read the law it named. Check if the footage was really shot in a home or other closed place.

If the only reason is an open case, ask again later. Good times are after charges, after discovery, and after the case ends.

Discovery is the step where the state shares its evidence with the defense.

What does section 943.1718 do?

Section 943.1718 is a separate law, not the source of the privacy rules. Each agency whose officers wear body cams must adopt written rules. They cover use, care, storage, how long to keep footage, training, and release.

It also lets an officer view the footage before writing a report, under section 943.1718(2)(d). And it says Chapter 934, the state wiretap law, does not apply to body cams.

A note for people facing charges

If you face charges, talk to your defense counsel before you send a request. Under section 119.07(8), a public records request does not widen or limit the rules of discovery.

Florida's top court held that a defendant who asks for police records about a pending case opts into discovery. That can create duties to share in return. Henderson v. State, 745 So. 2d 319 (Fla. 1999).

Frequently asked questions

Is body cam footage public record in Florida?
Yes, in most cases. Body camera footage a police department or sheriff makes on duty is a public record. The law closes some videos, such as those shot inside a home.
How do I request body cam footage in Florida?
Contact the records office of the police whose officer wore the camera. Give the date, time, place, and case number if you have it. You do not need a form or a reason.
Can I get body cam footage of my own arrest?
Often, yes. The law lets the person recorded get footage the public cannot see. If you face charges, talk to your defense lawyer before you ask.
Does the agency have to give me the parts that are not closed?
Yes. Under section 119.07(1)(d), the office may cut out only the closed part. It must give you the rest of the video.
How much does body cam footage cost?
Looking at it is free unless a law sets a fee. A copy costs what the office spends on supplies. A large job can add a special service charge.
How long do police keep body cam footage?
Florida law says an agency must keep body cam video for no less than 90 days. Ask soon so the footage still exists when you request it.

Not legal advice. Educational and informational content only. Reading this site does not create an attorney-client relationship. For advice on a specific matter, consult a licensed Florida attorney.