HB 1513 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to public records; amending s. 2
406.135, F.S.; revising the definition of the term 3
"medical examiner"; defining the term "minor"; 4
creating an exemption from public records requirements 5
for autopsy reports of minors whose deaths were 6
related to acts of domestic violence; providing an 7
exception; providing additional exceptions to the 8
exemption; requiring that any viewing, copying, or 9
handling of such autopsy reports be under the direct 10
supervision of the custodian of records or his or her 11
designee; requiring that certain surviving parents of 12
a minor child whose death was related to domestic 13
violence be given notice of petitions to view or copy 14
the minor child's autopsy report and of the 15
opportunity to be present and heard at the related 16
hearings under certain circumstances; providing 17
penalties; providing for retroactive application; 18
providing for future legislative review and repeal of 19
the exemption; providing a statement of public 20
necessity; providing an effective date. 21
22
Be It Enacted by the Legislature of the State of Florida: 23
24
Section 1. Section 406.135, Florida Statutes, is amended 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to read: 26
406.135 Autopsies; confidentiality of photogra phs and 27
video and audio recordings; confidentiality of reports of child 28
victims of domestic violence; exemption.— 29
(1) As used in For the purpose of this section, the term : 30
(a) "Medical examiner" means any district medical 31
examiner, associate medical ex aminer, or substitute medical 32
examiner acting pursuant to this chapter, as well as any 33
employee, deputy, or agent of a medical examiner or any other 34
person who may obtain possession of a report, photograph, or 35
audio or video recording of an autopsy in the course of 36
assisting a medical examiner in the performance of his or her 37
official duties. 38
(b) "Minor" means a person younger than 18 years of age 39
who has not had the disability of nonage removed pursuant to s. 40
743.01 or s. 743.015. 41
(2) A photograph or v ideo or audio recording of an autopsy 42
held by a medical examiner is confidential and exempt from s. 43
119.07(1) and s. 24(a), Art. I of the State Constitution, except 44
that a surviving spouse may view and copy a photograph or video 45
recording or listen to or c opy an audio recording of the 46
deceased spouse's autopsy. If there is no surviving spouse, then 47
the surviving parents shall have access to such records. If 48
there is no surviving spouse or parent, then an adult child 49
shall have access to such records. 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3) An autopsy report of a minor whose death was related 51
to an act of domestic violence as defined in s. 741.28 held by a 52
medical examiner is confidential and exempt from s. 119.07(1) 53
and s. 24(a), Art. I of the State Constitution, except that a 54
surviving parent of the deceased minor may view and copy the 55
report if he or she is not the parent who committed the act of 56
domestic violence which led to the minor's death. 57
(4)(a) The deceased's surviving relative, with whom 58
authority rests to obtain such records, ma y designate in writing 59
an agent to obtain such records. 60
(b) A local governmental entity, or a state or federal 61
agency, in furtherance of its official duties, pursuant to a 62
written request, may view or copy a photograph or video 63
recording of an autopsy or an autopsy report of a minor or may 64
listen to or copy an audio recording of an autopsy, and unless 65
otherwise required in the performance of official their duties, 66
the identity of the deceased shall remain confidential and 67
exempt. 68
(c) The custodian of th e record, or his or her designee, 69
may not permit any other person, except an agent designated in 70
writing by the deceased's surviving relative with whom authority 71
rests to obtain such records, to view or copy such photograph , 72
or video recording, or autopsy report of a minor or listen to or 73
copy an audio recording without a court order. 74
(5)(a)(4)(a) The court, upon a showing of good cause, may 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
issue an order authorizing any person to view or copy a 76
photograph or video recording of an autopsy or an autopsy report 77
of a minor or to listen to or copy an audio recording of an 78
autopsy and may prescribe any restrictions or stipulations that 79
the court deems appropriate. 80
(b) In determining good cause, the court shall consider 81
whether such disclosure is necessary fo r the public evaluation 82
of governmental performance; the seriousness of the intrusion 83
into the family's right to privacy and whether such disclosure 84
is the least intrusive means available; and the availability of 85
similar information in other public records , regardless of form. 86
(c) In all cases, the viewing, copying, listening to , or 87
other handling of a photograph or video or audio recording of an 88
autopsy or an autopsy report of a minor must be under the direct 89
supervision of the custodian of the record or his or her 90
designee. 91
(6)(5) A surviving spouse must shall be given reasonable 92
notice of a petition filed with the court to view or copy a 93
photograph or video recording of an autopsy or a petition to 94
listen to or copy an audio recording, a copy of such petition, 95
and reasonable notice of the opportunity to be present and heard 96
at any hearing on the matter. If there is no surviving spouse, 97
then such notice must be given to the parents of the deceased, 98
and if the deceased has no living parent, then to the adult 99
children of the deceased. 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(7) For a report of an autopsy of a minor whose death was 101
related to an act of domestic violence as defined in s. 741.28, 102
any surviving parent who did no t commit the act of domestic 103
violence which led to the minor's death must be given reasonable 104
notice of a petition filed with the court to view or copy the 105
report, a copy of such petition, and reasonable notice of the 106
opportunity to be present and heard at any hearing on the 107
matter. 108
(8)(a)(6)(a) Any custodian of a photograph or video or 109
audio recording of an autopsy or an autopsy report of a minor 110
who willfully and knowingly violates this section commits a 111
felony of the third degree, punishable as provide d in s. 112
775.082, s. 775.083, or s. 775.084. 113
(b) Any person who willfully and knowingly violates a 114
court order issued pursuant to this section commits a felony of 115
the third degree, punishable as provided in s. 775.082, s. 116
775.083, or s. 775.084. 117
(9)(7) A criminal or administrative proceeding is exempt 118
from this section, but unless otherwise exempted, is subject to 119
all other provisions of chapter 119 unless otherwise exempted. , 120
provided however that This section does not prohibit a court in 121
a criminal or administrative proceeding upon good cause shown 122
from restricting or otherwise controlling the disclosure of an 123
autopsy, crime scene, or similar report, photograph, or video or 124
audio recordings in the manner prescribed herein. 125
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(10)(8) The exemptions in th is section This exemption 126
shall be given retroactive application. 127
(11) This section is subject to the Open Government Sunset 128
Review Act in accordance with s. 119.15 and shall stand repealed 129
on October 2, 2027, unless reviewed and saved from repeal 130
through reenactment by the Legislature. 131
Section 2. The Legislature finds that it is a public 132
necessity that autopsy reports for minor children whose deaths 133
were related to acts of domestic violence be made confidential 134
and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 135
Article I of the State Con stitution. The Legislature finds that 136
autopsy reports describe the deceased in graphic and often 137
disturbing fashion and that autopsy reports for minor children 138
who were victims of domestic violence may describe the deceased 139
nude, bruised, bloodied, broken, with bullet or other wounds, 140
cut open, dismembered, or decapitated. As such, these reports 141
often contain highly sensitive descriptions of the deceased 142
which, if heard, viewed, copied, or publicized, could result in 143
trauma, sorrow, humiliation, or emotiona l injury to the 144
immediate family of the deceased and the deceased's minor 145
friends, as well as injury to the memory of the deceased. The 146
Legislature recognizes that the existence of the Internet and 147
the proliferation of websites throughout the world encoura ges 148
and promotes the wide dissemination of reports and publications 149
24 hours a day and that widespread unauthorized dissemination of 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
autopsy reports for minor children whose deaths were related to 151
acts of domestic violence would subject the immediate famil y and 152
the minor friends of the deceased to continuous injury. The 153
Legislature further finds that the exemption provided in this 154
act should be given retroactive application because it is 155
remedial in nature. 156
Section 3. This act shall take effect upon becoming a law. 157