- October 7, 2024
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Volusia County could initiate an amendment to state law to allow code enforcement officers to use body cameras.
The County Council voted 6-0 on Tuesday, June 4, to direct staff to pursue legislative action that would allow for code enforcement officers to record operations using these cameras. Councilman Matt Reinhart was absent from the meeting.
Florida is a two-party consent state, meaning that all involved must consent to a conversation being recorded. Only law enforcement officers are exempt.
Clay Ervin, county director of Growth and Resource Management, said that failure to get consent for a recording by a code enforcement officer, if body cameras were pursued, may lead to a third degree felony and liability in case of a lawsuit.
"We agree that the body worn cameras do provide our code enforcement officers with a valuable tool," Ervin said. "... At the same point, we want to make sure that we're able to operate within the confines of what state law allows without putting our officers at personal risk as well."
A change to state law, Ervin said, could also be extended to Animal Control officers.
Councilman David Santiago said the risks to the employee are too high to pursue body cameras without a change to state law.
"I love the idea," Santiago said. "There is just a bridge too far for me to cross to put our employees in that liability."
County Council Chair Jeff Brower said body cameras would act as a good measure of protection for county employees and the public. He was in favor of pursuing it both at the local level and as a legislative change.
A big question for him, he said, is cost.
"How much does it cost to store all this (the videos)?" Brower said. "Can you put it on a hard drive? Ca you put it on a memory stick?"
Public record retention laws for law enforcement body camera footage allows for videos to be deleted as soon as 90 days later, in some cases, according to the county. Code enforcement records, however, must be kept for five years after the case is closed.
"This is problematic and unless we get permission — a roadmap, a roadway — from the state legislature, I'm out on this," Councilman Troy Kent said.
