Florida Senate - 2022 SB 1550 By Senator Perry 8-01173C-22 20221550__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 406.135, F.S.; revising the definition of the term 4 medical examiner; defining the term minor; 5 creating an exemption from public records requirements 6 for autopsy reports of minors whose deaths were 7 related to acts of domestic violence; providing an 8 exception; providing additional exceptions to the 9 exemption; providing that any viewing, copying, or 10 handling of such autopsy reports be under the direct 11 supervision of the custodian of records or his or her 12 designee; requiring that certain surviving parents of 13 a minor child whose death was related to domestic 14 violence be given notice of petitions to view or copy 15 the minor childs autopsy report and of the 16 opportunity to be present and heard at the related 17 hearings under certain circumstances; providing 18 penalties; providing for retroactive application; 19 providing for future legislative review and repeal of 20 the exemption; providing a statement of public 21 necessity; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1.Section 406.135, Florida Statutes, is amended to 26 read: 27 406.135Autopsies; confidentiality of photographs and video 28 and audio recordings; confidentiality of reports of child 29 victims of domestic violence; exemption. 30 (1)As used in For the purpose of this section, the term: 31 (a)Medical examiner means any district medical examiner, 32 associate medical examiner, or substitute medical examiner 33 acting pursuant to this chapter, as well as any employee, 34 deputy, or agent of a medical examiner or any other person who 35 may obtain possession of a report, photograph, or audio or video 36 recording of an autopsy in the course of assisting a medical 37 examiner in the performance of his or her official duties. 38 (b)Minor means a person younger than 18 years of age who 39 has not had the disability of nonage removed pursuant to s. 40 743.01 or s. 743.015. 41 (2)A photograph or video 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 copy an audio recording of the 46 deceased spouses 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 (3)An autopsy report of a minor whose death was related to 51 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 minors death. 57 (4)(a)The deceaseds surviving relative, with whom 58 authority rests to obtain such records, may 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 the record, or his or her designee, 69 may not permit any other person, except an agent designated in 70 writing by the deceaseds 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 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 for the public evaluation 82 of governmental performance; the seriousness of the intrusion 83 into the familys 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 (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 not commit the act of domestic 103 violence which led to the minors 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 provided in s. 112 775.082, s. 775.083, or s. 775.084. 113 (b)Any person who willfully and knowingly violates a court 114 order issued pursuant to this section commits a felony of the 115 third degree, punishable as provided in s. 775.082, s. 775.083, 116 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 (10)(8)The exemptions in this section This exemption shall 126 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 Constitution. 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 emotional injury to the 144 immediate family of the deceased and the deceaseds 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 encourages 148 and promotes the wide dissemination of reports and publications 149 24 hours a day and that widespread unauthorized dissemination of 150 autopsy reports for minor children whose deaths were related to 151 acts of domestic violence would subject the immediate family 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.