This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1513.CRM
DATE: 1/23/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1513 Pub. Rec./Autopsy Reports of Child Victims of Domestic Violence
SPONSOR(S): Clemons
TIED BILLS: IDEN./SIM. BILLS: SB 1550
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice & Public Safety Subcommittee Mathews Hall
2) Government Operations Subcommittee
3) Judiciary Committee
SUMMARY ANALYSIS
Section 741.28, F.S., defines domestic violence as any assault, aggravated assault, battery, aggravated
battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or other
offense resulting in physical injury or death of one family or household member by another family or household
member. In cases of domestic violence resulting in death, an autopsy may be conducted to determine the
victim’s specific cause of death.
Under section 406.135, F.S., a photograph or video or audio recording of an autopsy held by a medical
examiner is confidential and exempt from public record. The exemption provides an exception for a surviving
spouse to view and copy a photograph or video or to listen to an audio recording of the deceased spouse’s
autopsy. If the deceased has no surviving spouse, then his or her surviving parent or adult child may have
access to such records. Additionally, upon a showing of good cause, a court may issue an order authorizing
any person to view or copy a photograph or video recording of an autopsy or to listen to or copy an audio
recording of an autopsy under the supervision of the custodian of records and may order any appropriate
restrictions or stipulations on such access. If a petition making such a request is filed with the court, the
surviving spouse or other family member must be given notice and a copy of the petition and have the
opportunity to be present and heard at the hearing on the petition.
While photographs or video or audio recordings of an autopsy are exempt from public record, the current
exemption does not include a medical examiner’s written autopsy report. As such, an autopsy report containing
graphic details about the nature of the deceased’s injuries may be obtained and shared through news outlets
and networks without the surviving family member’s knowledge or consent.
HB 1513 creates a public records exemption for an autopsy report held by a medical examiner of a minor child
whose death was related to an act of domestic violence. The bill includes an exception permitting a surviving
parent of the deceased minor to view and copy the autopsy report, so long as he or she is not the parent who
committed the domestic violence which caused the minor’s death. Additionally, the bill requires the surviving
parent to be notified of any petition filed to review the minor’s autopsy report and to be given an opportunity to
be present at a hearing on such a petition.
The bill provides for retroactive application of the newly created public record exemption. The bill provides the
public record exemption is subject to the Open Government Sunset Review Act and will be repealed on
October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature.
The bill is effective upon becoming a law.
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public records or public meeting exemption.
The bill creates a new public record exemption for autopsy reports of minor victims of domestic
violence; thus, it requires a two-thirds vote for final passage.
FULL ANALYSIS STORAGE NAME: h1513.CRM PAGE: 2
DATE: 1/23/2022
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Public Records
Article I, section 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
government records. This section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government. The Legislature, however, may
provide by general law for the exemption of records from the requirements of article I, section 24(a) of
the Florida Constitution.
1
The general law must state with specificity the public necessity justifying the
exemption
2
and must be no broader than necessary to accomplish its purpose.
3
Public policy regarding access to government records is addressed further in s. 119.07(1)(a), F.S.,
which guarantees every person a right to inspect and copy any state, county, or municipal record,
unless the record is exempt. Furthermore, the Open Government Sunset Review Act
4
provides that a
public record or public meeting exemption may be created or maintained only if it serves an identifiable
public purpose. In addition, it may be no broader than necessary to meet one of the following purposes:
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision.
Protect trade or business secrets.
5
The Open Government Sunset Review Act requires the automatic repeal of a newly created public
record exemption on October 2nd of the fifth year after creation or substantial amendment, unless the
Legislature reenacts the exemption.
6
There is a difference between public records that are “exempt” or “confidential and exempt.”
7
Information that is “confidential and exempt” may be released only under the circumstances defined by
the Legislature or pursuant to a court order.
8
However, information that is exempt may be released at
the discretion of the records custodian under certain circumstances.
9
Domestic Violence
Under s. 728.41, F.S., domestic violence means any assault, aggravated assault, battery, aggravated
battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or
any criminal offense resulting in physical injury or death of one family or household member
10
by
another family or household member. In cases of domestic violence resulting in death, an autopsy may
be conducted to determine the victim’s specific cause of death.
11
In 2019, there were 200 reported
1
Art. I, s. 24(c), Fla. Const.
2
This portion of a public record exemption is commonly referred to as a “public necessity statement.”
3
Art. I, s. 24(c), Fla. Const.
4
S. 119.15, F.S.
5
S. 119.15(6)(b), F.S.
6
S. 119.15(3), F.S.
7
WFTV, Inc. v. School Bd. of Seminole, 874 So. 2d 48, 53 (Fla. 5th DCA 2004).
8
Id.
9
Williams v. City of Minneola, 575 So. 2d 683, 687 (Fla. 5th DCA 1991) (holding that information that is “exempt” and not “confidential
and exempt” is not prohibited from being displayed at the discretion of the custodian).
10
“Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently
residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in
common regardless of whether they have been married. With the exception of persons who have a child in common, the family or
household members must be currently residing or have in the past resided together in the same single dwelling unit. S. 741.28(3), F.S.
11
S. 741.28(2), F.S. STORAGE NAME: h1513.CRM PAGE: 3
DATE: 1/23/2022
incidents of domestic violence-related criminal homicide in Florida. The most common victim to offender
relationships were spouses (33%) followed by co-habitants (17.5%) and children of the offender
(15%).
12
Autopsy Reports and Information
Under s. 406.135, F.S., photographs or video or audio recordings of an autopsy held by a medical
examiner are deemed confidential and exempt from s. 119.07(1), F.S., and Art. I, s. 24(a) of the Florida
Constitution.
13
However, a surviving spouse may view and copy a photograph or video or audio
recording of the deceased spouse’s autopsy.
14
If the deceased has no surviving spouse, then a
surviving parent or adult child may have access to such records.
Any person wishing to access such photographs or recordings may petition the court for authorization
to view or copy a photograph or video or to listen to an audio recording of an autopsy.
15
Upon a
showing of good cause, a court may issue an order authorizing any person to view or copy a
photograph or video recording of an autopsy or to listen to or copy an audio recording of an autopsy
under the supervision of the custodian of records and may order any appropriate restrictions or
stipulations on such access. If a petition making such a request is filed with the court, the surviving
spouse or other family member must be given notice and a copy of the petition and have the
opportunity to be present and heard at the hearing on the petition.
While the photographs or video or audio recordings of an autopsy are protected from public disclosure,
generally a medical examiner’s case files and autopsy reports are public records and are open for
inspection and copying by any person.
16
As such, an autopsy report containing graphic details about
the nature of the deceased’s injuries may be obtained and shared through news outlets and networks
without the surviving family member’s knowledge or consent.
17
Effect of Proposed Changes
HB 1513 creates a public records exemption for the autopsy report of a minor child whose death was
the result of an act of domestic violence.
Under the bill a minor is a person younger than 18 years of age who has not had the disability of
nonage removed pursuant to s. 743.01
18
or s. 743.015, F.S.
19
The bill defines domestic violence as the term is defined s. 741.28, F.S., meaning any assault,
aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated
stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of
one family or household member
20
by another family or household member.
The bill includes an exception to permit a surviving parent of the deceased minor to view and copy the
autopsy report so long as he or she is not the parent who committed the domestic violence which
12
FDLE, Reported Domestic Violence in Florida: Victim Totals by Offense 2019,
http://www.fdle.state.fl.us/FSAC/Documents/PDF/2019/DV_Victim_Totals_by_Offense.aspx (last visited Jan. 23, 2022).
13
S. 406.135(2), F.S.,
14
Id.
15
S. 406.135(4)(a), F.S.
16
S. 119.01(1), F.S.
17
Autopsy reports involved in an active criminal investigation may be exempt from public record so long as the investigation remains
active. S.119.071(2)(c), F.S.
18
S. 743.01, F.S., provides that a minor who becomes married is no longer considered to have the disability of nonage. As such, the
minor is then able to make his or her own decisions, assume the management of his or her estate, and sue others or be sued as any
other competent adult would be.
19
S. 743.015, F.S., provides that a court may, upon petition by a minor’s parent of guardian, remove the disability of nonage for a minor
16 years of age or older. This action allows the minor to be treated as an adult.
20
“Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently
residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in
common regardless of whether they have been married. With the exception of persons who have a child in common, the family or
household members must be currently residing or have in the past resided together in the same single dwelling unit. S. 741.28(3), F.S. STORAGE NAME: h1513.CRM PAGE: 4
DATE: 1/23/2022
caused the minor’s death. Likewise, a surviving parent who was not responsible for the minor’s death
must be given reasonable notice of a petition filed with the court to view the minor’s autopsy report,
must be provided a copy of the petition, and must be given reasonable notice and the opportunity to be
present and heard at any such hearing.
The public records exemption created by the bill is subject to the Open Government Sunset Review Act
and will automatically repeal on October 2, 2027, unless reviewed and saved from repeal by the
Legislature.
The bill is effective upon becoming a law.
B. SECTION DIRECTORY:
Section 1: Amends s. 406.135, F.S., relating to autopsies; confidentiality of photographs and video and
audio recordings; exemption.
Section 2: Provides a public necessity statement.
Section 3: Provides the bill is effective upon becoming a law.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill may have an insignificant fiscal impact on medical examiners responsible for redacting
confidential or exempt information prior to releasing a report or record as required under the bill.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other: STORAGE NAME: h1513.CRM PAGE: 5
DATE: 1/23/2022
Vote Requirement
Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly created or expanded public records or public meeting
exemption. The bill creates a public records exemption; thus, it requires a two-thirds vote for final
passage.
Public Necessity Statement
Article I, section 24(c) of the Florida Constitution requires a public necessity statement for a newly
created or expanded public records or public meeting exemption. The bill creates a public records
exemption; thus, it includes a public necessity statement.
Breadth of Exemption
Article 1, section 24(c) of the Florida Constitution requires a newly created or expanded public
records or public meeting exemption to be no broader than necessary to accomplish the stated
purpose of the law. The bill creates a public records exemption for the autopsy report of minor victim
of domestic violence, which does not appear to be broader than necessary to accomplish its
purpose.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES