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A bill to be entitled 1
An act relating to public records; amending s. 2
119.071, F.S.; defining the term "suicide of a 3
person"; creating an exemption from public records 4
requirements for a photograph or video or audio 5
recording of the suicide of a person; providing 6
exceptions; requiring that any viewing, copying, 7
listening to, or other handling of such photograph or 8
video or audio recording be under the direct 9
supervision of the custodian of the record or his or 10
her designee; providing criminal penalties; providing 11
construction; providing for retroactive application; 12
providing for future legislative review and repeal of 13
the exemption; providing a statement of public 14
necessity; amending s. 406.135, F.S.; creating an 15
exemption from public records requirements for autopsy 16
reports of suicide victims; providing exceptions; 17
requiring that any viewing, copying, listening to, or 18
other handling of such autopsy reports be under the 19
direct supervision of the custodian of the record or 20
his or her designee; providing criminal penalties; 21
providing construction; providing for retroactive 22
application; providing for future legislative review 23
and repeal of the exemption; providing a statement of 24
public necessity; providing an effective date. 25
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Be It Enacted by the Legislature of the State of Florida: 27
28
Section 1. Paragraph (p) of subsection (2) of section 29
119.071, Florida Statutes, is amended to read: 30
119.071 General exemptions from inspection or copy ing of 31
public records.— 32
(2) AGENCY INVESTIGATIONS. — 33
(p)1. As used in this paragraph, the term: 34
a. "Killing of a law enforcement officer who was acting in 35
accordance with his or her official duties" means all acts or 36
events that cause or otherwise rel ate to the death of a law 37
enforcement officer who was acting in accordance with his or her 38
official duties, including any related acts or events 39
immediately preceding or subsequent to the acts or events that 40
were the proximate cause of death. 41
b. "Killing of a minor" means all acts or events that 42
cause or otherwise relate to the death of a victim who has not 43
yet reached the age of 18 at the time of the death, including 44
any related acts or events immediately preceding or subsequent 45
to the acts or events tha t were the proximate cause of the death 46
of a victim under the age of 18, events that depict a victim 47
under the age of 18 being killed, or events that depict the body 48
of a victim under the age of 18 who has been killed. 49
c. "Killing of a victim of mass vio lence" means events 50
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that depict either a victim being killed or the body of a victim 51
killed in an incident in which three or more persons, not 52
including the perpetrator, are killed by the perpetrator of an 53
intentional act of violence. 54
d. "Suicide of a pe rson" means events that depict the 55
suicide of a person, the body of a person whose manner of death 56
was suicide, or any portion of such person's body. 57
2.a. A photograph or video or audio recording that depicts 58
or records the killing of a law enforcement o fficer who was 59
acting in accordance with his or her official duties or the 60
killing of a victim of mass violence is confidential and exempt 61
from s. 119.07(1) and s. 24(a), Art. I of the State 62
Constitution, except that a surviving spouse of the decedent may 63
view and copy any such photograph or video recording or listen 64
to or copy any such audio recording. If there is no surviving 65
spouse, the surviving parents must shall have access to such 66
records. If there is no surviving spouse or parent, the adult 67
children must shall have access to such records. Nothing in this 68
sub-subparagraph precludes a surviving spouse, parent, or adult 69
child of the victim from sharing or publicly releasing such 70
photograph or video or audio recording. 71
b. A photograph or video or audio recording that depicts 72
or records the killing of a minor is confidential and exempt 73
from s. 119.07(1) and s. 24(a), Art. I of the State 74
Constitution, except that a surviving parent of the deceased 75
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minor may view and copy any such photograph or video recor ding 76
or listen to or copy any such audio recording. Nothing in this 77
sub-subparagraph precludes a surviving parent of the victim from 78
sharing or publicly releasing such photograph or video or audio 79
recording. 80
c. A photograph or video or audio recording th at depicts 81
or records the suicide of a person is confidential and exempt 82
from s. 119.07(1) and s. 24(a), Art. I of the State 83
Constitution, except that a surviving spouse of the deceased may 84
view and copy any such photograph or video recording or listen 85
to or copy any such audio recording. If there is no surviving 86
spouse, the surviving parents must have access to such records. 87
If there is no surviving spouse or parent, the adult children 88
and siblings must have access to such records. This section does 89
not preclude a surviving spouse, parent, adult child, or sibling 90
of the victim from sharing or publicly releasing such photograph 91
or video or audio recording. 92
3.a. The deceased's surviving relative, with whom 93
authority rests to obtain such records, may designa te in writing 94
an agent to obtain such records. 95
b. Notwithstanding subparagraph 2., a local governmental 96
entity, or a state or federal agency, in furtherance of its 97
official duties, pursuant to a written request, may view or copy 98
a photograph or video recording or may listen to or copy an 99
audio recording of the killing of a law enforcement officer who 100
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was acting in accordance with his or her official duties, the 101
killing of a victim of mass violence, or the killing of a minor , 102
or the suicide of a person , and, unless otherwise required in 103
the performance of its duties, the identity of the deceased 104
shall remain confidential and exempt. 105
c. The custodian of the record, or his or her designee, 106
may not permit any other person to view or copy such photograph 107
or video recording or listen to or copy such audio r ecording 108
without a court order. 109
4.a. The court, upon a showing of good cause, may issue an 110
order authorizing any person to view or copy a photograph or 111
video recording that depicts or records the killing of a law 112
enforcement officer who was acting in acc ordance with his or her 113
official duties, the killing of a victim of mass violence, or 114
the killing of a minor, or the suicide of a person or to listen 115
to or copy an audio recording that depicts or records the 116
killing of a law enforcement officer who was act ing in 117
accordance with his or her official duties, the killing of a 118
victim of mass violence, or the killing of a minor, or the 119
suicide of a person and may prescribe any restrictions or 120
stipulations that the court deems appropriate. 121
b. In determining good cause, the court shall consider: 122
(I) Whether such disclosure is necessary for the public 123
evaluation of governmental performance; 124
(II) The seriousness of the intrusion into the family's 125
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right to privacy and whether such disclosure is the least 126
intrusive means available; and 127
(III) The availability of similar information in other 128
public records, regardless of form. 129
c. In all cases, the viewing, copying, listening to, or 130
other handling of a photograph or video or audio recording that 131
depicts or records the killing of a law enforcement officer who 132
was acting in accordance with his or her official duties, the 133
killing of a victim of mass violence, or the killing of a minor , 134
or the suicide of a person must be under the direct supervision 135
of the custodian of the record or his or her designee. 136
5.a. A surviving spouse shall be given reasonable notice 137
of a petition filed with the court to view or copy a photograph 138
or video recording that depicts or records the killing of a law 139
enforcement officer who was actin g in accordance with his or her 140
official duties or the killing of a victim of mass violence, or 141
to listen to or copy any such audio recording, a copy of such 142
petition, and reasonable notice of the opportunity to be present 143
and heard at any hearing on the m atter. If there is no surviving 144
spouse, such notice must be given to the parents of the deceased 145
and, if there is no surviving parent, to the adult children of 146
the deceased. 147
b. A surviving parent must be given reasonable notice of a 148
petition filed with t he court to view or copy a photograph or 149
video recording that depicts or records the killing of a minor 150
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or to listen to or copy any such audio recording; a copy of such 151
petition; and reasonable notice of the opportunity to be present 152
and heard at any heari ng on the matter. 153
6.a. Any custodian of a photograph or video or audio 154
recording that depicts or records the killing of a law 155
enforcement officer who was acting in accordance with his or her 156
official duties, the killing of a victim of mass violence, or 157
the killing of a minor , or the suicide of a person who willfully 158
and knowingly violates this paragraph commits a felony of the 159
third degree, punishable as provided in s. 775.082, s. 775.083, 160
or s. 775.084. 161
b. Any person who willfully and knowingly violate s a court 162
order issued pursuant to this paragraph commits a felony of the 163
third degree, punishable as provided in s. 775.082, s. 775.083, 164
or s. 775.084. 165
c. A criminal or administrative proceeding is exempt from 166
this paragraph but, unless otherwise exempt ed, is subject to all 167
other provisions of chapter 119; however, this paragraph does 168
not prohibit a court in a criminal or administrative proceeding 169
upon good cause shown from restricting or otherwise controlling 170
the disclosure of a killing, crime scene, or similar photograph 171
or video or audio recording in the manner prescribed in this 172
paragraph. 173
7. The exemptions exemption in this paragraph shall be 174
given retroactive application and shall apply to all photographs 175
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or video or audio recordings that depict o r record the killing 176
of a law enforcement officer who was acting in accordance with 177
his or her official duties, the killing of a victim of mass 178
violence, or the killing of a minor , or the suicide of a person , 179
regardless of whether the killing or suicide of the person 180
occurred before, on, or after May 23, 2019. However, nothing in 181
this paragraph is intended to, nor may be construed to, overturn 182
or abrogate or alter any existing orders duly entered into by 183
any court of this state, as of the effective date of this act, 184
which restrict or limit access to any photographs or video or 185
audio recordings that depict or record the killing of a law 186
enforcement officer who was acting in accordance with his or her 187
official duties, the killing of a victim of mass violence, or 188
the killing of a minor , or the suicide of a person . 189
8. This paragraph applies only to such photographs and 190
video and audio recordings held by an agency. 191
9. This paragraph is subject to the Open Government Sunset 192
Review Act in accordance with s. 119. 15 and shall stand repealed 193
on October 2, 2029 2028, unless reviewed and saved from repeal 194
through reenactment by the Legislature. 195
Section 2. The Legislature finds that it is a public 196
necessity that photographs and video and audio recordings that 197
depict or record the suicide of a person be made confidential 198
and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 199
Article I of the State Constitution and that such exemption be 200
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applied retroactively. The Legislature finds that photographs 201
and video and audio recordings that depict or record the suicide 202
of a person render graphic and often disturbing visual or aural 203
representations of the deceased. Such photographs and video and 204
audio recordings provide a view of the deceased in the final 205
moments of life, in which they are often experiencing severe 206
symptoms of depression or other mental illness, and may depict 207
graphic and gruesome self -inflicted wounds. As such, photographs 208
and video and audio recordings that depict or record the suicide 209
of a person are highly sensitive representations of the deceased 210
which, if heard, viewed, copied, or publicized, could result in 211
trauma, sorrow, humiliation, or emotional injury to the 212
immediate family of the deceased and detract from the memory of 213
the deceased. The Legis lature recognizes that the existence of 214
the Internet and the proliferation of personal computers and 215
cellular telephones throughout the world encourages and promotes 216
the wide dissemination of such photographs and video and audio 217
recordings and that widespr ead unauthorized dissemination of 218
such photographs and video and audio recordings would subject 219
the immediate family of the deceased to continuous injury. The 220
Legislature further finds that such photographs and video and 221
audio recordings that depict or rec ord the suicide of a person 222
are harmful to the public. The release of such photographs and 223
video and audio recordings may trigger persons who have a mental 224
illness or who are experiencing severe depression to consider 225
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suicide. The Legislature further finds that the exemption 226
provided in this act should be given retroactive application 227
because it is remedial in nature. 228
Section 3. Section 406.135, Florida Statutes, is amended 229
to read: 230
406.135 Autopsies; confidentiality of photographs and 231
video and audio recordings; confidentiality of reports of minor 232
victims of domestic violence; exemption. — 233
(1) As used in this section, the term: 234
(a) "Domestic violence" has the same meaning as in s. 235
741.28. 236
(b) "Medical examiner" means any district medical 237
examiner, associate medical examiner, or substitute medical 238
examiner acting pursuant to this chapter, as well as any 239
employee, deputy, or agent of a medical examiner or any other 240
person who may obtain possession of a report, photograph, or 241
audio or video recording of an autopsy in the course of 242
assisting a medical examiner in the performance of his or her 243
official duties. 244
(c) "Minor" means a person younger than 18 years of age 245
who has not had the disability of nonage removed pursuant to s. 246
743.01 or s. 743.015. 247
(2)(a) A photograph or video or audio recording of an 248
autopsy held by a medical examiner is confidential and exempt 249
from s. 119.07(1) and s. 24(a), Art. I of the State 250
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Constitution, except that a surviving spouse may view and copy a 251
photograph or video re cording or listen to or copy an audio 252
recording of the deceased spouse's autopsy. If there is no 253
surviving spouse, then the surviving parents shall have access 254
to such records. If there is no surviving spouse or parent, then 255
an adult child shall have acces s to such records. 256
(b) An autopsy report of a minor whose death was related 257
to an act of domestic violence held by a medical examiner is 258
confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 259
of the State Constitution, except that a surviving par ent of the 260
deceased minor may view and copy the autopsy report if the 261
surviving parent did not commit the act of domestic violence 262
which led to the minor's death. 263
(c) An autopsy report of a person whose manner of death 264
was suicide held by a medical exami ner is confidential and 265
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 266
Constitution, except that a surviving spouse of the deceased may 267
view and copy the autopsy report. If there is no surviving 268
spouse, the surviving parents must have access to such records. 269
If there is no surviving spouse or parent, the adult children 270
and siblings must have access to such records. 271
(3)(a) The deceased's surviving relative, with whom 272
authority rests to obtain such records, may designate in writing 273
an agent to obtain such records. 274
(b) Notwithstanding subsection (2), a local governmental 275
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entity, or a state or federal agency, in furtherance of its 276
official duties, pursuant to a written request, may: 277
1. View or copy a photograph or video recording or may 278
listen to or copy an audio recording of an autopsy; and 279
2. View or copy an autopsy report of a minor whose death 280
was related to an act of domestic violence ; and. 281
3. View or copy an autopsy report of a person whose manner 282
of death was determined by a medical examiner to have been by 283
suicide. 284
285
Unless otherwise required in the performance of official duties, 286
the identity of the deceased shall remain confidential and 287
exempt. 288
(c) The custodian of the record, or his or her designee, 289
may not permit any other perso n, except an agent designated in 290
writing by the deceased's surviving relative with whom authority 291
rests to obtain such records, to view or copy an autopsy report 292
of a person whose manner of death was determined by a medical 293
examiner to have been by suicide , an autopsy report of a minor 294
whose death was related to an act of domestic violence , or a 295
photograph or video recording of an autopsy or listen to or copy 296
an audio recording of an autopsy without a court order. 297
(4)(a) The court, upon a showing of good cause, may issue 298
an order authorizing any person to view or copy an autopsy 299
report of a person whose manner of death was determined by a 300
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medical examiner to have been by suicide, an autopsy report of a 301
minor whose death was related to an act of domestic vi olence, or 302
a photograph or video recording of an autopsy or to listen to or 303
copy an audio recording of an autopsy and may prescribe any 304
restrictions or stipulations that the court deems appropriate. 305
(b) In determining good cause, the court shall consider 306
whether such disclosure is necessary for the public evaluation 307
of governmental performance; the seriousness of the intrusion 308
into the family's right to privacy and whether such disclosure 309
is the least intrusive means available; and the availability of 310
similar information in other public records, regardless of form. 311
(c) In all cases, the viewing, copying, listening to, or 312
other handling of an autopsy report of a person whose manner of 313
death was determined by a medical examiner to have been by 314
suicide, an autopsy report of a minor whose death was related to 315
an act of domestic violence , or a photograph or video or audio 316
recording of an autopsy must be under the direct supervision of 317
the custodian of the record or his or her designee. 318
(5)(a) A surviving spo use must be given reasonable notice 319
of a petition filed with the court to view or copy a photograph 320
or video recording of an autopsy or a petition to listen to or 321
copy an audio recording, a copy of such petition, and reasonable 322
notice of the opportunity to be present and heard at any hearing 323
on the matter. If there is no surviving spouse, then such notice 324
must be given to the parents of the deceased, and if there is no 325
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living parent, then to the adult children of the deceased. 326
(b) For an autopsy report of a minor whose death was 327
related to an act of domestic violence, any surviving parent who 328
did not commit the act of domestic violence which led to the 329
minor's death must be given reasonable notice of a petition 330
filed with the court to view or copy the auto psy report, a copy 331
of such petition, and reasonable notice of the opportunity to be 332
present and heard at any hearing on the matter. 333
(6)(a) Any custodian of an autopsy report of a person 334
whose manner of death was determined by a medical examiner to 335
have been by suicide, an autopsy report of a minor whose death 336
was related to an act of domestic violence , or a photograph or 337
video or audio recording of an autopsy who willfully and 338
knowingly violates this section commits a felony of the third 339
degree, punishable as provided in s. 775.082, s. 775.083, or s. 340
775.084. 341
(b) Any person who willfully and knowingly violates a 342
court order issued pursuant to this section commits a felony of 343
the third degree, punishable as provided in s. 775.082, s. 344
775.083, or s. 775.084. 345
(7) A criminal or administrative proceeding is exempt from 346
this section but is subject to all o ther provisions of chapter 347
119 unless otherwise exempted. This section does not prohibit a 348
court in a criminal or administrative proceeding upon good cause 349
shown from restricting or otherwise controlling the disclosure 350
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of an autopsy, crime scene, or simila r report, photograph, or 351
video or audio recording in the manner prescribed herein. 352
(8) The exemptions in this section shall be given 353
retroactive application. 354
(9) This section is subject to the Open Government Sunset 355
Review Act in accordance with s. 119 .15 and shall stand repealed 356
on October 2, 2029 2028, unless reviewed and saved from repeal 357
through reenactment by the Legislature. 358
Section 4. The Legislature finds that it is a public 359
necessity that autopsy reports of a person whose manner of death 360
was suicide which are held by a medical examiner be made 361
confidential and exempt from s. 119.07(1), Florida Statutes, and 362
s. 24(a), Article I of the State Constitution. The Legislature 363
finds that autopsy reports describe the deceased in a graphic 364
and often disturbing fashion and that autopsy reports of a 365
person whose manner of death was suicide may describe the 366
deceased with graphic and gruesome self -inflicted wounds. As 367
such, these reports often contain highly sensitive descriptions 368
of the deceased which if heard, viewed, copied, or publicized 369
could result in trauma, sorrow, humiliation, or emotional injury 370
to the immediate family of the deceased and detract from the 371
memory of the deceased. The Legislature recognizes that the 372
existence of the Internet and the proliferation of personal 373
computers and cellular telephones throughout the world 374
encourages and promotes the wide dissemination of such reports 375
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and that widespread unauthorized dissemination of such reports 376
would subject the immediate family of the deceas ed to continuous 377
injury. The Legislature further finds that the exemption 378
provided in this act should be given retroactive application 379
because it is remedial in nature. 380
Section 5. This act shall take effect upon becoming a law. 381