Florida Senate - 2022 CS for SB 1550 By the Committee on Children, Families, and Elder Affairs; and Senators Perry and Book 586-02299-22 20221550c1 1 A bill to be entitled 2 An act relating to public records; providing a short 3 title; amending s. 406.135, F.S.; revising the 4 definition of the term medical examiner; defining 5 the term minor; creating an exemption from public 6 records requirements for autopsy reports of minors 7 whose deaths were related to acts of domestic 8 violence; providing an exception; providing additional 9 exceptions to the exemption; providing that any 10 viewing, copying, or handling of such autopsy reports 11 be under the direct supervision of the custodian of 12 records or his or her designee; requiring that certain 13 surviving parents of a minor child whose death was 14 related to domestic violence be given notice of 15 petitions to view or copy the minor childs autopsy 16 report and of the opportunity to be present and heard 17 at the related hearings under certain circumstances; 18 providing penalties; providing for retroactive 19 application; providing for future legislative review 20 and repeal of the exemption; providing a statement of 21 public necessity; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1.This act may be cited as the Rex and Brody 26 Reinhart Act. 27 Section 2.Section 406.135, Florida Statutes, is amended to 28 read: 29 406.135Autopsies; confidentiality of photographs and video 30 and audio recordings; confidentiality of reports of child 31 victims of domestic violence; exemption. 32 (1)As used in For the purpose of this section, the term: 33 (a)Medical examiner means any district medical examiner, 34 associate medical examiner, or substitute medical examiner 35 acting pursuant to this chapter, as well as any employee, 36 deputy, or agent of a medical examiner or any other person who 37 may obtain possession of a report, photograph, or audio or video 38 recording of an autopsy in the course of assisting a medical 39 examiner in the performance of his or her official duties. 40 (b)Minor means a person younger than 18 years of age who 41 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, except 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 spouses autopsy. If there is no surviving spouse, then 49 the surviving parents shall have access to such records. If 50 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 to 53 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 minors death. 59 (4)(a)The deceaseds 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, pursuant 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 deceaseds 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 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 authorizing 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 familys 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 be given to the parents of the deceased, 100 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 minors 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 degree, 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 court 116 order issued pursuant to this section commits a felony of the 117 third degree, punishable as provided in s. 775.082, s. 775.083, 118 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 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 shall 128 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 domestic 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, copied, or publicized, could result in 145 trauma, sorrow, humiliation, or emotional injury to the 146 immediate family of the deceased and the deceaseds minor 147 friends, as well as injury to the memory of the deceased. The 148 Legislature recognizes that the existence of the Internet and 149 the proliferation of websites throughout the world encourages 150 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 were 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.