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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; providing a short 2
title; amending s. 406.135, F.S.; revising the 3
definition of the term "medical examiner"; defining 4
the term "minor"; creating an exemption from public 5
records requirements for autopsy reports of minors 6
whose deaths were related to acts of domestic 7
violence; providing an exception; providing additional 8
exceptions to the exemption; requiring that any 9
viewing, copying, or handling of such autopsy reports 10
be under the direct supervision of the custodian of 11
records or his or her designee; requiring that certain 12
surviving parents of a minor child whose death was 13
related to domestic violence be given notice of 14
petitions to view or copy the minor child's autopsy 15
report and of the opportunity to be present and heard 16
at the related hearings under certain circumstances; 17
providing penalties; providing for retroactive 18
application; providing for future legislative review 19
and repeal of the exemption; providing a statement of 20
public necessity; providing an effective date. 21
22
Be It Enacted by the Legislature of the State of Florida: 23
24
Section 1. This act may be cited as the "Rex and Brody 25
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Reinhart Act." 26
Section 2. Section 406.135, Florida Statutes, is amended 27
to read: 28
406.135 Autopsies; confidentiality of photographs and 29
video and audio recordings; confidentiality of reports of child 30
victims of domestic violence; exemption.— 31
(1) As used in For the purpose of this section, the term: 32
(a) "Medical examiner" means any district medical 33
examiner, associate medical examiner, or substitute medical 34
examiner acting pursuant to this chapter, as well as any 35
employee, deputy, or agent of a medical examiner or any other 36
person who may obtain possession of a report, photograph, or 37
audio or video recording of an autopsy in the course of 38
assisting a medical examiner in the performance of his or her 39
official duties. 40
(b) "Minor" means a person younger than 18 years of age 41
who has not had the disability of nonage removed pursuant to s. 42
743.01 or s. 743.015. 43
(2) A photograph or video or audio recording of an autopsy 44
held by a medical examiner is confidential and exempt from s. 45
119.07(1) and s. 24(a), Art. I of the State Constitution, exc ept 46
that a surviving spouse may view and copy a photograph or video 47
recording or listen to or copy an audio recording of the 48
deceased spouse's autopsy. If there is no surviving spouse, then 49
the surviving parents shall have access to such records. If 50
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there is no surviving spouse or parent, then an adult child 51
shall have access to such records. 52
(3) An autopsy report of a minor whose death was related 53
to an act of domestic violence as defined in s. 741.28 held by a 54
medical examiner is confidential and exempt from s. 119.07(1) 55
and s. 24(a), Art. I of the State Constitution, except that a 56
surviving parent of the deceased minor may view and copy the 57
report if he or she is not the parent who committed the act of 58
domestic violence which led to the minor's death. 59
(4)(a) The deceased's surviving relative, with whom 60
authority rests to obtain such records, may designate in writing 61
an agent to obtain such records. 62
(b) A local governmental entity, or a state or federal 63
agency, in furtherance of its official duties, p ursuant to a 64
written request, may view or copy a photograph or video 65
recording of an autopsy or an autopsy report of a minor or may 66
listen to or copy an audio recording of an autopsy, and unless 67
otherwise required in the performance of official their duties, 68
the identity of the deceased shall remain confidential and 69
exempt. 70
(c) The custodian of the record, or his or her designee, 71
may not permit any other person, except an agent designated in 72
writing by the deceased's surviving relative with whom authority 73
rests to obtain such records, to view or copy such photograph , 74
or video recording, or autopsy report of a minor or listen to or 75
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copy an audio recording without a court order. 76
(5)(a)(4)(a) The court, upon a showing of good cause, may 77
issue an order autho rizing any person to view or copy a 78
photograph or video recording of an autopsy or an autopsy report 79
of a minor or to listen to or copy an audio recording of an 80
autopsy and may prescribe any restrictions or stipulations that 81
the court deems appropriate. 82
(b) In determining good cause, the court shall consider 83
whether such disclosure is necessary for the public evaluation 84
of governmental performance; the seriousness of the intrusion 85
into the family's right to privacy and whether such disclosure 86
is the least intrusive means available; and the availability of 87
similar information in other public records, regardless of form. 88
(c) In all cases, the viewing, copying, listening to , or 89
other handling of a photograph or video or audio recording of an 90
autopsy or an autopsy report of a minor must be under the direct 91
supervision of the custodian of the record or his or her 92
designee. 93
(6)(5) A surviving spouse must shall be given reasonable 94
notice of a petition filed with the court to view or copy a 95
photograph or video recording of an autopsy or a petition to 96
listen to or copy an audio recording, a copy of such petition, 97
and reasonable notice of the opportunity to be present and heard 98
at any hearing on the matter. If there is no surviving spouse, 99
then such notice must b e given to the parents of the deceased, 100
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and if the deceased has no living parent, then to the adult 101
children of the deceased. 102
(7) For a report of an autopsy of a minor whose death was 103
related to an act of domestic violence as defined in s. 741.28, 104
any surviving parent who did not commit the act of domestic 105
violence which led to the minor's death must be given reasonable 106
notice of a petition filed with the court to view or copy the 107
report, a copy of such petition, and reasonable notice of the 108
opportunity to be present and heard at any hearing on the 109
matter. 110
(8)(a)(6)(a) Any custodian of a photograph or video or 111
audio recording of an autopsy or an autopsy report of a minor 112
who willfully and knowingly violates this section commits a 113
felony of the third degr ee, punishable as provided in s. 114
775.082, s. 775.083, or s. 775.084. 115
(b) Any person who willfully and knowingly violates a 116
court order issued pursuant to this section commits a felony of 117
the third degree, punishable as provided in s. 775.082, s. 118
775.083, or s. 775.084. 119
(9)(7) A criminal or administrative proceeding is exempt 120
from this section, but unless otherwise exempted, is subject to 121
all other provisions of chapter 119 unless otherwise exempted. , 122
provided however that This section does not prohibit a court in 123
a criminal or administrative proceeding upon good cause shown 124
from restricting or otherwise controlling the disclosure of an 125
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autopsy, crime scene, or similar report, photograph, or video or 126
audio recordings in the manner prescribed herein. 127
(10)(8) The exemptions in this section This exemption 128
shall be given retroactive application. 129
(11) This section is subject to the Open Government Sunset 130
Review Act in accordance with s. 119.15 and shall stand repealed 131
on October 2, 2027, unless reviewed and saved from repeal 132
through reenactment by the Legislature. 133
Section 3. The Legislature finds that it is a public 134
necessity that autopsy reports for minor children whose deaths 135
were related to acts of domestic violence be made confidential 136
and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 137
Article I of the State Constitution. The Legislature finds that 138
autopsy reports describe the deceased in graphic and often 139
disturbing fashion and that autopsy reports for minor children 140
who were victims of do mestic violence may describe the deceased 141
nude, bruised, bloodied, broken, with bullet or other wounds, 142
cut open, dismembered, or decapitated. As such, these reports 143
often contain highly sensitive descriptions of the deceased 144
which, if heard, viewed, copie d, or publicized, could result in 145
trauma, sorrow, humiliation, or emotional injury to the 146
immediate family of the deceased and the deceased's minor 147
friends, as well as injury to the memory of the deceased. The 148
Legislature recognizes that the existence of t he Internet and 149
the proliferation of websites throughout the world encourages 150
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and promotes the wide dissemination of reports and publications 151
24 hours a day and that widespread unauthorized dissemination of 152
autopsy reports for minor children whose deaths w ere related to 153
acts of domestic violence would subject the immediate family and 154
the minor friends of the deceased to continuous injury. The 155
Legislature further finds that the exemption provided in this 156
act should be given retroactive application because it is 157
remedial in nature. 158
Section 4. This act shall take effect upon becoming a law. 159