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Florida Attorney General
Advisory Legal Opinion
Number: AGO 2015-01
Date: January 28, 2015
Subject: Public Records -- Emergency Calls --Voice Recordings
The Honorable Deryl Loar
Sheriff of Indian River County
4055 41st Avenue
Vero Beach, Florida 32960
Attention: Major James G. Harpring
Dear Sheriff Loar:
You ask the following question:
Is the recording and sound of a voice of the caller in an E911 call requesting
emergency service considered information which may identify any person which is
made confidential by section 365.171, Florida Statutes?
In sum:
While section 365.171(12), Florida Statues, makes confidential information obtained
by a public agency which may identify a person requesting emergency services or
reporting an emergency in an E911 call, there is no clear indication that the
Legislature intended to include the sound of a person's voice as information
protected from disclosure to the public at large.
Florida's Public Records Law, Chapter 119, Florida Statutes, provides a right of
access to the records of state and local governments, as well as private entities
acting on their behalf. [1] For purposes of the law, the term public records is
defined to include
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.
The only exceptions to the requirements of the Public Records Law are those
established by general law or by the Constitution. [2) There is no question that the
sound recording of an E911 call is a public record for purposes of the Public
Records Law. [3] Section 365.171(12) (a), Florida Statutes, however, provides:
Any record, recording, or information, or portions thereof, obtained by a public
agency or a public safety agency for the purpose of providing services in an](ViewImageLocal?handle=hein.sag/sagfl0096&div=1&collection=&method=preview&ext=.png&size=3)