Body cam footage, Cocoa PD

Brian Freskos filed this request with the Cocoa Police Department of Cocoa, FL.
Status
Rejected

Communications

From: Brian Freskos

Dear Records Officer,

Pursuant to Florida's Sunshine Law (Fla. Stat. secs. 119.01 to 119.15 (1995)), I hereby request any and all body-camera footage recorded by officers during the response and investigation of the shooting, robbery and murder at and around 900 Friday Road on April 6, 2016. The Case Number is 2016-00015125.

I am a reporter for The Trace, a 501(c)(3) nonprofit news organization. I am making this request through MuckRock's public records management service, which I use to better track and streamline my requests. The requested material will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer to receive the footage on a CD-ROM. Please send the CD-ROM to the following address:

The Trace
Attn: Brian Freskos
195 Montague Street, 14th Floor
Brooklyn, NY 11201

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,

Brian Freskos
C: (919) 522-6354

From: Donna Dallaire

Good morning,

We received your request, and will be unable to provide the body cam documentation based on the following exemptions:

119.071 General exemptions from inspection or copying of public records.—

2. A body camera recording, or a portion thereof, is confidential and exempt from s. 119.07<http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html>(1) and s. 24(a), Art. I of the State Constitution if the recording:
a. Is taken within the interior of a private residence;
b. Is taken within the interior of a facility that offers health care, mental health care, or social services; or
c. Is taken in a place that a reasonable person would expect to be private.
3. Notwithstanding subparagraph 2., a body camera recording may be disclosed by a law enforcement agency:
a. In furtherance of its official duties and responsibilities; or
b. To another governmental agency in the furtherance of its official duties and responsibilities.
4. A body camera recording, or a portion thereof, shall be disclosed by a law enforcement agency:
a. To a person recorded by a body camera; however, a law enforcement agency may disclose only those portions that are relevant to the person’s presence in the recording;
b. To the personal representative of a person recorded by a body camera; however, a law enforcement agency may disclose only those portions that are relevant to the represented person’s presence in the recording;
c. To a person not depicted in a body camera recording if the recording depicts a place in which the person lawfully resided, dwelled, or lodged at the time of the recording; however, a law enforcement agency may disclose only those portions that record the interior of such a place.
d. Pursuant to a court order.
(I) In addition to any other grounds the court may consider in determining whether to order that a body camera recording be disclosed, the court shall consider whether:
(A) Disclosure is necessary to advance a compelling interest;
(B) The recording contains information that is otherwise exempt or confidential and exempt under the law;
(C) The person requesting disclosure is seeking to obtain evidence to determine legal issues in a case in which the person is a party;
(D) Disclosure would reveal information regarding a person that is of a highly sensitive personal nature;
(E) Disclosure may harm the reputation or jeopardize the safety of a person depicted in the recording;
(F) Confidentiality is necessary to prevent a serious and imminent threat to the fair, impartial, and orderly administration of justice;
(G) The recording could be redacted to protect privacy interests; and
(H) There is good cause to disclose all or portions of a recording.

We also claim the following exemption that was passed by the Florida Legislature and added to FS 119.071. The body cam depicts many witnesses which are now confidential.

An act relating to public records; amending s. 3 119.011, F.S.; providing that the personal identifying information of a witness to a murder remains 5 confidential and exempt for a specified period; 6 amending s. 119.071, F.S.; providing an exemption from 7 public records requirements for criminal intelligence 8 or criminal investigative information that reveals the 9 personal identifying information of a witness to a 10 murder for a specified period; authorizing specified 11 entities and parties to receive the information; 12 providing for future legislative review and repeal of 13 the exemption; amending s. 119.0714, F.S.; providing 14 that the public records exemption applies to personal 15 identifying information of a witness to a murder that 16 is made part of a court file; providing a statement of 17 public necessity; providing an effective date. PDF Attached

Please let us know if you have any questions. And once again please send all requests to cocoarecords@cocoapolice.com<mailto:cocoarecords@cocoapolice.com> instead of my personal email address, thank you.

[cid:image001.jpg@01D201D0.BB606DD0] [cid:image002.jpg@01D201D0.BB606DD0]

Donna Dallaire
Lead Records Technician
1226 W. King St Cocoa, FL 32922
(321) 637-6300 ddallaire@cocoafl.org<mailto:ddallaire@cocoafl.org>
Fax: (321) 637-6353

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