FL
Florida House Bill H1513

Florida 2022 Regular Session

Florida House Bill H1513 Compare Versions

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1010 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
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1414 A bill to be entitled 1
15-An act relating to public records; providing a short 2
16-title; amending s. 406.135, F.S.; revising the 3
17-definition of the term "medical examiner"; defining 4
18-the term "minor"; creating an exemption from public 5
19-records requirements for autopsy reports of minors 6
20-whose deaths were related to acts of domestic 7
21-violence; providing an exception; providing additional 8
22-exceptions to the exemption; requiring that any 9
23-viewing, copying, or handling of such autopsy reports 10
24-be under the direct supervision of the custodian of 11
25-records or his or her designee; requiring that certain 12
26-surviving parents of a minor child whose death was 13
27-related to domestic violence be given notice of 14
28-petitions to view or copy the minor child's autopsy 15
29-report and of the opportunity to be present and heard 16
30-at the related hearings under certain circumstances; 17
31-providing penalties; providing for retroactive 18
32-application; providing for future legislative review 19
33-and repeal of the exemption; providing a statement of 20
34-public necessity; providing an effective date. 21
15+An act relating to public records; amending s. 2
16+406.135, F.S.; revising the definition of the term 3
17+"medical examiner"; defining the term "minor"; 4
18+creating an exemption from public records requirements 5
19+for autopsy reports of minors whose deaths were 6
20+related to acts of domestic violence; providing an 7
21+exception; providing additional exceptions to the 8
22+exemption; requiring that any viewing, copying, or 9
23+handling of such autopsy reports be under the direct 10
24+supervision of the custodian of records or his or her 11
25+designee; requiring that certain surviving parents of 12
26+a minor child whose death was related to domestic 13
27+violence be given notice of petitions to view or copy 14
28+the minor child's autopsy report and of the 15
29+opportunity to be present and heard at the related 16
30+hearings under certain circumstances; providing 17
31+penalties; providing for retroactive application; 18
32+providing for future legislative review and repeal of 19
33+the exemption; providing a statement of public 20
34+necessity; providing an effective date. 21
3535 22
3636 Be It Enacted by the Legislature of the State of Florida: 23
3737 24
38- Section 1. This act may be cited as the "Rex and Brody 25
38+ Section 1. Section 406.135, Florida Statutes, is amended 25
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4747 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
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51-Reinhart Act." 26
52- Section 2. Section 406.135, Florida Statutes, is amended 27
53-to read: 28
54- 406.135 Autopsies; confidentiality of photographs and 29
55-video and audio recordings; confidentiality of reports of child 30
56-victims of domestic violence; exemption.— 31
57- (1) As used in For the purpose of this section, the term: 32
58- (a) "Medical examiner" means any district medical 33
59-examiner, associate medical examiner, or substitute medical 34
60-examiner acting pursuant to this chapter, as well as any 35
61-employee, deputy, or agent of a medical examiner or any other 36
62-person who may obtain possession of a report, photograph, or 37
63-audio or video recording of an autopsy in the course of 38
64-assisting a medical examiner in the performance of his or her 39
65-official duties. 40
66- (b) "Minor" means a person younger than 18 years of age 41
67-who has not had the disability of nonage removed pursuant to s. 42
68-743.01 or s. 743.015. 43
69- (2) A photograph or video or audio recording of an autopsy 44
70-held by a medical examiner is confidential and exempt from s. 45
71-119.07(1) and s. 24(a), Art. I of the State Constitution, exc ept 46
72-that a surviving spouse may view and copy a photograph or video 47
73-recording or listen to or copy an audio recording of the 48
74-deceased spouse's autopsy. If there is no surviving spouse, then 49
75-the surviving parents shall have access to such records. If 50
51+to read: 26
52+ 406.135 Autopsies; confidentiality of photogra phs and 27
53+video and audio recordings; confidentiality of reports of child 28
54+victims of domestic violence; exemption.— 29
55+ (1) As used in For the purpose of this section, the term : 30
56+ (a) "Medical examiner" means any district medical 31
57+examiner, associate medical ex aminer, or substitute medical 32
58+examiner acting pursuant to this chapter, as well as any 33
59+employee, deputy, or agent of a medical examiner or any other 34
60+person who may obtain possession of a report, photograph, or 35
61+audio or video recording of an autopsy in the course of 36
62+assisting a medical examiner in the performance of his or her 37
63+official duties. 38
64+ (b) "Minor" means a person younger than 18 years of age 39
65+who has not had the disability of nonage removed pursuant to s. 40
66+743.01 or s. 743.015. 41
67+ (2) A photograph or v ideo or audio recording of an autopsy 42
68+held by a medical examiner is confidential and exempt from s. 43
69+119.07(1) and s. 24(a), Art. I of the State Constitution, except 44
70+that a surviving spouse may view and copy a photograph or video 45
71+recording or listen to or c opy an audio recording of the 46
72+deceased spouse's autopsy. If there is no surviving spouse, then 47
73+the surviving parents shall have access to such records. If 48
74+there is no surviving spouse or parent, then an adult child 49
75+shall have access to such records. 50
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8484 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
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88-there is no surviving spouse or parent, then an adult child 51
89-shall have access to such records. 52
90- (3) An autopsy report of a minor whose death was related 53
91-to an act of domestic violence as defined in s. 741.28 held by a 54
92-medical examiner is confidential and exempt from s. 119.07(1) 55
93-and s. 24(a), Art. I of the State Constitution, except that a 56
94-surviving parent of the deceased minor may view and copy the 57
95-report if he or she is not the parent who committed the act of 58
96-domestic violence which led to the minor's death. 59
97- (4)(a) The deceased's surviving relative, with whom 60
98-authority rests to obtain such records, may designate in writing 61
99-an agent to obtain such records. 62
100- (b) A local governmental entity, or a state or federal 63
101-agency, in furtherance of its official duties, p ursuant to a 64
102-written request, may view or copy a photograph or video 65
103-recording of an autopsy or an autopsy report of a minor or may 66
104-listen to or copy an audio recording of an autopsy, and unless 67
105-otherwise required in the performance of official their duties, 68
106-the identity of the deceased shall remain confidential and 69
107-exempt. 70
108- (c) The custodian of the record, or his or her designee, 71
109-may not permit any other person, except an agent designated in 72
110-writing by the deceased's surviving relative with whom authority 73
111-rests to obtain such records, to view or copy such photograph , 74
112-or video recording, or autopsy report of a minor or listen to or 75
88+ (3) An autopsy report of a minor whose death was related 51
89+to an act of domestic violence as defined in s. 741.28 held by a 52
90+medical examiner is confidential and exempt from s. 119.07(1) 53
91+and s. 24(a), Art. I of the State Constitution, except that a 54
92+surviving parent of the deceased minor may view and copy the 55
93+report if he or she is not the parent who committed the act of 56
94+domestic violence which led to the minor's death. 57
95+ (4)(a) The deceased's surviving relative, with whom 58
96+authority rests to obtain such records, ma y designate in writing 59
97+an agent to obtain such records. 60
98+ (b) A local governmental entity, or a state or federal 61
99+agency, in furtherance of its official duties, pursuant to a 62
100+written request, may view or copy a photograph or video 63
101+recording of an autopsy or an autopsy report of a minor or may 64
102+listen to or copy an audio recording of an autopsy, and unless 65
103+otherwise required in the performance of official their duties, 66
104+the identity of the deceased shall remain confidential and 67
105+exempt. 68
106+ (c) The custodian of th e record, or his or her designee, 69
107+may not permit any other person, except an agent designated in 70
108+writing by the deceased's surviving relative with whom authority 71
109+rests to obtain such records, to view or copy such photograph , 72
110+or video recording, or autopsy report of a minor or listen to or 73
111+copy an audio recording without a court order. 74
112+ (5)(a)(4)(a) The court, upon a showing of good cause, may 75
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121121 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
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125-copy an audio recording without a court order. 76
126- (5)(a)(4)(a) The court, upon a showing of good cause, may 77
127-issue an order autho rizing any person to view or copy a 78
128-photograph or video recording of an autopsy or an autopsy report 79
129-of a minor or to listen to or copy an audio recording of an 80
130-autopsy and may prescribe any restrictions or stipulations that 81
131-the court deems appropriate. 82
132- (b) In determining good cause, the court shall consider 83
133-whether such disclosure is necessary for the public evaluation 84
134-of governmental performance; the seriousness of the intrusion 85
135-into the family's right to privacy and whether such disclosure 86
136-is the least intrusive means available; and the availability of 87
137-similar information in other public records, regardless of form. 88
138- (c) In all cases, the viewing, copying, listening to , or 89
139-other handling of a photograph or video or audio recording of an 90
140-autopsy or an autopsy report of a minor must be under the direct 91
141-supervision of the custodian of the record or his or her 92
142-designee. 93
143- (6)(5) A surviving spouse must shall be given reasonable 94
144-notice of a petition filed with the court to view or copy a 95
145-photograph or video recording of an autopsy or a petition to 96
146-listen to or copy an audio recording, a copy of such petition, 97
147-and reasonable notice of the opportunity to be present and heard 98
148-at any hearing on the matter. If there is no surviving spouse, 99
149-then such notice must b e given to the parents of the deceased, 100
125+issue an order authorizing any person to view or copy a 76
126+photograph or video recording of an autopsy or an autopsy report 77
127+of a minor or to listen to or copy an audio recording of an 78
128+autopsy and may prescribe any restrictions or stipulations that 79
129+the court deems appropriate. 80
130+ (b) In determining good cause, the court shall consider 81
131+whether such disclosure is necessary fo r the public evaluation 82
132+of governmental performance; the seriousness of the intrusion 83
133+into the family's right to privacy and whether such disclosure 84
134+is the least intrusive means available; and the availability of 85
135+similar information in other public records , regardless of form. 86
136+ (c) In all cases, the viewing, copying, listening to , or 87
137+other handling of a photograph or video or audio recording of an 88
138+autopsy or an autopsy report of a minor must be under the direct 89
139+supervision of the custodian of the record or his or her 90
140+designee. 91
141+ (6)(5) A surviving spouse must shall be given reasonable 92
142+notice of a petition filed with the court to view or copy a 93
143+photograph or video recording of an autopsy or a petition to 94
144+listen to or copy an audio recording, a copy of such petition, 95
145+and reasonable notice of the opportunity to be present and heard 96
146+at any hearing on the matter. If there is no surviving spouse, 97
147+then such notice must be given to the parents of the deceased, 98
148+and if the deceased has no living parent, then to the adult 99
149+children of the deceased. 100
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158158 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
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162-and if the deceased has no living parent, then to the adult 101
163-children of the deceased. 102
164- (7) For a report of an autopsy of a minor whose death was 103
165-related to an act of domestic violence as defined in s. 741.28, 104
166-any surviving parent who did not commit the act of domestic 105
167-violence which led to the minor's death must be given reasonable 106
168-notice of a petition filed with the court to view or copy the 107
169-report, a copy of such petition, and reasonable notice of the 108
170-opportunity to be present and heard at any hearing on the 109
171-matter. 110
172- (8)(a)(6)(a) Any custodian of a photograph or video or 111
173-audio recording of an autopsy or an autopsy report of a minor 112
174-who willfully and knowingly violates this section commits a 113
175-felony of the third degr ee, punishable as provided in s. 114
176-775.082, s. 775.083, or s. 775.084. 115
177- (b) Any person who willfully and knowingly violates a 116
178-court order issued pursuant to this section commits a felony of 117
179-the third degree, punishable as provided in s. 775.082, s. 118
180-775.083, or s. 775.084. 119
181- (9)(7) A criminal or administrative proceeding is exempt 120
182-from this section, but unless otherwise exempted, is subject to 121
183-all other provisions of chapter 119 unless otherwise exempted. , 122
184-provided however that This section does not prohibit a court in 123
185-a criminal or administrative proceeding upon good cause shown 124
186-from restricting or otherwise controlling the disclosure of an 125
162+ (7) For a report of an autopsy of a minor whose death was 101
163+related to an act of domestic violence as defined in s. 741.28, 102
164+any surviving parent who did no t commit the act of domestic 103
165+violence which led to the minor's death must be given reasonable 104
166+notice of a petition filed with the court to view or copy the 105
167+report, a copy of such petition, and reasonable notice of the 106
168+opportunity to be present and heard at any hearing on the 107
169+matter. 108
170+ (8)(a)(6)(a) Any custodian of a photograph or video or 109
171+audio recording of an autopsy or an autopsy report of a minor 110
172+who willfully and knowingly violates this section commits a 111
173+felony of the third degree, punishable as provide d in s. 112
174+775.082, s. 775.083, or s. 775.084. 113
175+ (b) Any person who willfully and knowingly violates a 114
176+court order issued pursuant to this section commits a felony of 115
177+the third degree, punishable as provided in s. 775.082, s. 116
178+775.083, or s. 775.084. 117
179+ (9)(7) A criminal or administrative proceeding is exempt 118
180+from this section, but unless otherwise exempted, is subject to 119
181+all other provisions of chapter 119 unless otherwise exempted. , 120
182+provided however that This section does not prohibit a court in 121
183+a criminal or administrative proceeding upon good cause shown 122
184+from restricting or otherwise controlling the disclosure of an 123
185+autopsy, crime scene, or similar report, photograph, or video or 124
186+audio recordings in the manner prescribed herein. 125
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195195 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
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199-autopsy, crime scene, or similar report, photograph, or video or 126
200-audio recordings in the manner prescribed herein. 127
201- (10)(8) The exemptions in this section This exemption 128
202-shall be given retroactive application. 129
203- (11) This section is subject to the Open Government Sunset 130
204-Review Act in accordance with s. 119.15 and shall stand repealed 131
205-on October 2, 2027, unless reviewed and saved from repeal 132
206-through reenactment by the Legislature. 133
207- Section 3. The Legislature finds that it is a public 134
208-necessity that autopsy reports for minor children whose deaths 135
209-were related to acts of domestic violence be made confidential 136
210-and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 137
211-Article I of the State Constitution. The Legislature finds that 138
212-autopsy reports describe the deceased in graphic and often 139
213-disturbing fashion and that autopsy reports for minor children 140
214-who were victims of do mestic violence may describe the deceased 141
215-nude, bruised, bloodied, broken, with bullet or other wounds, 142
216-cut open, dismembered, or decapitated. As such, these reports 143
217-often contain highly sensitive descriptions of the deceased 144
218-which, if heard, viewed, copie d, or publicized, could result in 145
219-trauma, sorrow, humiliation, or emotional injury to the 146
220-immediate family of the deceased and the deceased's minor 147
221-friends, as well as injury to the memory of the deceased. The 148
222-Legislature recognizes that the existence of t he Internet and 149
223-the proliferation of websites throughout the world encourages 150
199+ (10)(8) The exemptions in th is section This exemption 126
200+shall be given retroactive application. 127
201+ (11) This section is subject to the Open Government Sunset 128
202+Review Act in accordance with s. 119.15 and shall stand repealed 129
203+on October 2, 2027, unless reviewed and saved from repeal 130
204+through reenactment by the Legislature. 131
205+ Section 2. The Legislature finds that it is a public 132
206+necessity that autopsy reports for minor children whose deaths 133
207+were related to acts of domestic violence be made confidential 134
208+and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 135
209+Article I of the State Con stitution. The Legislature finds that 136
210+autopsy reports describe the deceased in graphic and often 137
211+disturbing fashion and that autopsy reports for minor children 138
212+who were victims of domestic violence may describe the deceased 139
213+nude, bruised, bloodied, broken, with bullet or other wounds, 140
214+cut open, dismembered, or decapitated. As such, these reports 141
215+often contain highly sensitive descriptions of the deceased 142
216+which, if heard, viewed, copied, or publicized, could result in 143
217+trauma, sorrow, humiliation, or emotiona l injury to the 144
218+immediate family of the deceased and the deceased's minor 145
219+friends, as well as injury to the memory of the deceased. The 146
220+Legislature recognizes that the existence of the Internet and 147
221+the proliferation of websites throughout the world encoura ges 148
222+and promotes the wide dissemination of reports and publications 149
223+24 hours a day and that widespread unauthorized dissemination of 150
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236-and promotes the wide dissemination of reports and publications 151
237-24 hours a day and that widespread unauthorized dissemination of 152
238-autopsy reports for minor children whose deaths w ere related to 153
239-acts of domestic violence would subject the immediate family and 154
240-the minor friends of the deceased to continuous injury. The 155
241-Legislature further finds that the exemption provided in this 156
242-act should be given retroactive application because it is 157
243-remedial in nature. 158
244- Section 4. This act shall take effect upon becoming a law. 159
236+autopsy reports for minor children whose deaths were related to 151
237+acts of domestic violence would subject the immediate famil y and 152
238+the minor friends of the deceased to continuous injury. The 153
239+Legislature further finds that the exemption provided in this 154
240+act should be given retroactive application because it is 155
241+remedial in nature. 156
242+ Section 3. This act shall take effect upon becoming a law. 157