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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
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 notice requirements; providing 11
criminal penalties; providing construction; providing 12
for retroactive application; providing for future 13
legislative review and repeal of the exemption; 14
providing a statement of public necessity; amending s. 15
406.135, F.S.; creating an exemption from public 16
records requirements for autopsy reports of suicide 17
victims; providing exceptions; requiring that any 18
viewing, copying, listening to, or other handling of 19
such autopsy reports be under the direct supervision 20
of the custodian of the record or his or her designee; 21
providing notice requirements; providing criminal 22
penalties; providing construction; providing for 23
retroactive application; providing for future 24
legislative review and repeal of the exemption; 25
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providing a statement of public necessity; providing 26
an effective date. 27
28
Be It Enacted by the Legislature of the State of Florida: 29
30
Section 1. Paragraph (p) of subsection (2) of section 31
119.071, Florida Statutes, is amended to read: 32
119.071 General exemptions from inspection or copying of 33
public records.— 34
(2) AGENCY INVESTIGATIONS.— 35
(p)1. As used in this paragraph, the term: 36
a. "Killing of a law enforcement officer who was acting in 37
accordance with his or her official duties" means all acts or 38
events that cause or otherwise relate to the death of a law 39
enforcement officer who was acting in accordance with his or her 40
official duties, including any related acts or events 41
immediately preceding or subsequent to the acts or events that 42
were the proximate cause of death. 43
b. "Killing of a minor" means all acts or ev ents that 44
cause or otherwise relate to the death of a victim who has not 45
yet reached the age of 18 at the time of the death, including 46
any related acts or events immediately preceding or subsequent 47
to the acts or events that were the proximate cause of the death 48
of a victim under the age of 18, events that depict a victim 49
under the age of 18 being killed, or events that depict the body 50
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of a victim under the age of 18 who has been killed. 51
c. "Killing of a victim of mass violence" means events 52
that depict either a victim being killed or the body of a victim 53
killed in an incident in which three or more persons, not 54
including the perpetrator, are killed by the perpetrator of an 55
intentional act of violence. 56
d. "Suicide of a person" means events that depict th e 57
suicide of a person, the body of a person whose manner of death 58
was suicide, or any portion of such person's body. 59
2.a. A photograph or video or audio recording that depicts 60
or records the killing of a law enforcement officer who was 61
acting in accordance with his or her official duties or the 62
killing of a victim of mass violence is confidential and exempt 63
from s. 119.07(1) and s. 24(a), Art. I of the State 64
Constitution, except that a surviving spouse of the decedent may 65
view and copy any such photograph or video recording or listen 66
to or copy any such audio recording. If there is no surviving 67
spouse, the surviving parents must shall have access to such 68
records. If there is no surviving spouse or parent, the adult 69
children must shall have access to such r ecords. Nothing in this 70
sub-subparagraph precludes a surviving spouse, parent, or adult 71
child of the victim from sharing or publicly releasing such 72
photograph or video or audio recording. 73
b. A photograph or video or audio recording that depicts 74
or records the killing of a minor is confidential and exempt 75
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from s. 119.07(1) and s. 24(a), Art. I of the State 76
Constitution, except that a surviving parent of the deceased 77
minor may view and copy any such photograph or video recording 78
or listen to or copy any suc h audio recording. Nothing in this 79
sub-subparagraph precludes a surviving parent of the victim from 80
sharing or publicly releasing such photograph or video or audio 81
recording. 82
c. A photograph or video or audio recording that depicts 83
or records the suicide of a person is confidential and exempt 84
from s. 119.07(1) and s. 24(a), Art. I of the State 85
Constitution, except that a surviving spouse of the deceased may 86
view and copy any such photograph or video recording or listen 87
to or copy any such audio recording. If there is no surviving 88
spouse, the surviving parents must have access to such records. 89
If there is no surviving spouse or parent, the adult children 90
and siblings must have access to such records. This section does 91
not preclude a surviving spouse, parent , adult child, or sibling 92
of the victim from sharing or publicly releasing such photograph 93
or video or audio recording. 94
3.a. The deceased's surviving relative, with whom 95
authority rests to obtain such records, may designate in writing 96
an agent to obtain such records. 97
b. Notwithstanding subparagraph 2., a local governmental 98
entity, or a state or federal agency, in furtherance of its 99
official duties, pursuant to a written request, may view or copy 100
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a photograph or video recording or may listen to or copy an 101
audio recording of the killing of a law enforcement officer who 102
was acting in accordance with his or her official duties, the 103
killing of a victim of mass violence, or the killing of a minor , 104
or the suicide of a person , and, unless otherwise required in 105
the performance of its duties, the identity of the deceased 106
shall remain confidential and exempt. 107
c. The custodian of the record, or his or her designee, 108
may not permit any other person to view or copy such photograph 109
or video recording or listen to or copy such audio recording 110
without a court order. 111
4.a. The court, upon a showing of good cause, may issue an 112
order authorizing any person to view or copy a photograph or 113
video recording that depicts or records the killing of a law 114
enforcement officer who was acting in accordance with his or her 115
official duties, the killing of a victim of mass violence, or 116
the killing of a minor, or the suicide of a person or to listen 117
to or copy an audio recording tha t depicts or records the 118
killing of a law enforcement officer who was acting in 119
accordance with his or her official duties, the killing of a 120
victim of mass violence, or the killing of a minor, or the 121
suicide of a person and may prescribe any restrictions o r 122
stipulations that the court deems appropriate. 123
b. In determining good cause, the court shall consider: 124
(I) Whether such disclosure is necessary for the public 125
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evaluation of governmental performance; 126
(II) The seriousness of the intrusion into the fa mily's 127
right to privacy and whether such disclosure is the least 128
intrusive means available; and 129
(III) The availability of similar information in other 130
public records, regardless of form. 131
c. In all cases, the viewing, copying, listening to, or 132
other handling of a photograph or video or audio recording that 133
depicts or records the killing of a law enforcement officer who 134
was acting in accordance with his or her official duties, the 135
killing of a victim of mass violence, or the killing of a minor , 136
or the suicide of a person must be under the direct supervision 137
of the custodian of the record or his or her designee. 138
5.a. A surviving spouse shall be given reasonable notice 139
of a petition filed with the court to view or copy a photograph 140
or video recording that depicts or records the killing of a law 141
enforcement officer who was acting in accordance with his or her 142
official duties or the killing of a victim of mass violence, or 143
to listen to or copy any such audio recording, a copy of such 144
petition, and reasonable notice of the opportunity to be present 145
and heard at any hearing on the matter. If there is no surviving 146
spouse, such notice must be given to the parents of the deceased 147
and, if there is no surviving parent, to the adult children of 148
the deceased. 149
b. A surviving parent must be given reasonable notice of a 150
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petition filed with the court to view or copy a photograph or 151
video recording that depicts or records the killing of a minor 152
or to listen to or copy any such audio recording; a copy of such 153
petition; and reasonable notice of the opportunity to be present 154
and heard at any hearing on the matter. 155
c. A surviving spouse shall be given reasonable notice of 156
a petition filed with the court to view or copy a photograph or 157
video recording that depicts or records t he suicide of a person, 158
or listen to or copy any such audio recording, a copy of such 159
petition, and reasonable notice of the opportunity to be present 160
and heard at any hearing on the matter. If there is no surviving 161
spouse, such notice must be given to the parents of the deceased 162
and, if there is no surviving parent, to the adult children and 163
siblings of the deceased. 164
6.a. Any custodian of a photograph or video or audio 165
recording that depicts or records the killing of a law 166
enforcement officer who was act ing in accordance with his or her 167
official duties, the killing of a victim of mass violence, or 168
the killing of a minor , or the suicide of a person who willfully 169
and knowingly violates this paragraph commits a felony of the 170
third degree, punishable as provi ded in s. 775.082, s. 775.083, 171
or s. 775.084. 172
b. Any person who willfully and knowingly violates a court 173
order issued pursuant to this paragraph commits a felony of the 174
third degree, punishable as provided in s. 775.082, s. 775.083, 175
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or s. 775.084. 176
c. A criminal or administrative proceeding is exempt from 177
this paragraph but, unless otherwise exempted, is subject to all 178
other provisions of chapter 119; however, this paragraph does 179
not prohibit a court in a criminal or administrative proceeding 180
upon good cause shown from restricting or otherwise controlling 181
the disclosure of a killing, crime scene, or similar photograph 182
or video or audio recording in the manner prescribed in this 183
paragraph. 184
7. The exemptions exemption in this paragraph shall be 185
given retroactive application and shall apply to all photographs 186
or video or audio recordings that depict or record the killing 187
of a law enforcement officer who was acting in accordance with 188
his or her official duties, the killing of a victim of mass 189
violence, or the killing of a minor , or the suicide of a person , 190
regardless of whether the killing or suicide of the person 191
occurred before, on, or after May 23, 2019. However, nothing in 192
this paragraph is intended to, nor may be construed to, overturn 193
or abrogate or alter any existing orders duly entered into by 194
any court of this state, as of the effective date of this act, 195
which restrict or limit access to any photographs or video or 196
audio recordings that depict or record the killing of a law 197
enforcement officer who was acting in accordance with his or her 198
official duties, the killing of a victim of mass violence, or 199
the killing of a minor , or the suicide of a person . 200
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8. This paragraph applies only to such photographs and 201
video and audio recordings held by an agency. 202
9. This paragraph is subject to the Open Government Sunset 203
Review Act in accordance with s. 119.15 and shall stand repealed 204
on October 2, 2029 2028, unless reviewed and saved from repeal 205
through reenactment by the Legislature. 206
Section 2. The Legislature finds that it is a public 207
necessity that photographs and video and audio recordings that 208
depict or record the suicide of a person be made confidential 209
and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 210
Article I of the State Constitution and that such exemption be 211
applied retroactively. The Legislature finds that photographs 212
and video and audio recordings that depict or record the suicide 213
of a person render graphic and often disturbing visual or aural 214
representations of the deceased. Such phot ographs and video and 215
audio recordings provide a view of the deceased in the final 216
moments of life, in which they are often experiencing severe 217
symptoms of depression or other mental illness, and may depict 218
graphic and gruesome self -inflicted wounds. As su ch, photographs 219
and video and audio recordings that depict or record the suicide 220
of a person are highly sensitive representations of the deceased 221
which, if heard, viewed, copied, or publicized, could result in 222
trauma, sorrow, humiliation, or emotional inju ry to the 223
immediate family of the deceased and detract from the memory of 224
the deceased. The Legislature recognizes that the existence of 225
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the Internet and the proliferation of personal computers and 226
cellular telephones throughout the world encourages and pr omotes 227
the wide dissemination of such photographs and video and audio 228
recordings and that widespread unauthorized dissemination of 229
such photographs and video and audio recordings would subject 230
the immediate family of the deceased to continuous injury. The 231
Legislature further finds that such photographs and video and 232
audio recordings that depict or record the suicide of a person 233
are harmful to the public. The release of such photographs and 234
video and audio recordings may trigger persons who have a mental 235
illness or who are experiencing severe depression to consider 236
suicide. The Legislature further finds that the exemption 237
provided in this act should be given retroactive application 238
because it is remedial in nature. 239
Section 3. Section 406.135, Florida Stat utes, is amended 240
to read: 241
406.135 Autopsies; confidentiality of photographs and 242
video and audio recordings; confidentiality of reports of minor 243
victims of domestic violence; exemption. — 244
(1) As used in this section, the term: 245
(a) "Domestic violence" h as the same meaning as in s. 246
741.28. 247
(b) "Medical examiner" means any district medical 248
examiner, associate medical examiner, or substitute medical 249
examiner acting pursuant to this chapter, as well as any 250
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employee, deputy, or agent of a medical examiner o r any other 251
person who may obtain possession of a report, photograph, or 252
audio or video recording of an autopsy in the course of 253
assisting a medical examiner in the performance of his or her 254
official duties. 255
(c) "Minor" means a person younger than 18 yea rs of age 256
who has not had the disability of nonage removed pursuant to s. 257
743.01 or s. 743.015. 258
(2)(a) A photograph or video or audio recording of an 259
autopsy held by a medical examiner is confidential and exempt 260
from s. 119.07(1) and s. 24(a), Art. I of the State 261
Constitution, except that a surviving spouse may view and copy a 262
photograph or video recording or listen to or copy an audio 263
recording of the deceased spouse's autopsy. If there is no 264
surviving spouse, then the surviving parents shall have access 265
to such records. If there is no surviving spouse or parent, then 266
an adult child shall have access to such records. 267
(b) An autopsy report of a minor whose death was related 268
to an act of domestic violence held by a medical examiner is 269
confidential and exe mpt from s. 119.07(1) and s. 24(a), Art. I 270
of the State Constitution, except that a surviving parent of the 271
deceased minor may view and copy the autopsy report if the 272
surviving parent did not commit the act of domestic violence 273
which led to the minor's dea th. 274
(c) An autopsy report of a person whose manner of death 275
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was suicide held by a medical examiner is confidential and 276
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 277
Constitution, except that a surviving spouse of the deceased may 278
view and copy the autopsy report. If there is no surviving 279
spouse, the surviving parents must have access to such records. 280
If there is no surviving spouse or parent, the adult children 281
and siblings must have access to such records. 282
(3)(a) The deceased's surviving r elative, with whom 283
authority rests to obtain such records, may designate in writing 284
an agent to obtain such records. 285
(b) Notwithstanding subsection (2), a local governmental 286
entity, or a state or federal agency, in furtherance of its 287
official duties, pur suant to a written request, may: 288
1. View or copy a photograph or video recording or may 289
listen to or copy an audio recording of an autopsy; and 290
2. View or copy an autopsy report of a minor whose death 291
was related to an act of domestic violence ; and. 292
3. View or copy an autopsy report of a person whose manner 293
of death was determined by a medical examiner to have been by 294
suicide. 295
296
Unless otherwise required in the performance of official duties, 297
the identity of the deceased shall remain confidential and 298
exempt. 299
(c) The custodian of the record, or his or her designee, 300
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may not permit any other person, except an agent designated in 301
writing by the deceased's surviving relative with whom authority 302
rests to obtain such records, to view or copy an autopsy report 303
of a person whose manner of death was determined by a medical 304
examiner to have been by suicide, an autopsy report of a minor 305
whose death was related to an act of domestic violence , or a 306
photograph or video recording of an autopsy or listen to or copy 307
an audio recording of an autopsy without a court order. 308
(4)(a) The court, upon a showing of good cause, may issue 309
an order authorizing any person to view or copy an autopsy 310
report of a person whose manner of death was determined by a 311
medical examiner to ha ve been by suicide, an autopsy report of a 312
minor whose death was related to an act of domestic violence , or 313
a photograph or video recording of an autopsy or to listen to or 314
copy an audio recording of an autopsy and may prescribe any 315
restrictions or stipula tions that the court deems appropriate. 316
(b) In determining good cause, the court shall consider 317
whether such disclosure is necessary for the public evaluation 318
of governmental performance; the seriousness of the intrusion 319
into the family's right to privac y and whether such disclosure 320
is the least intrusive means available; and the availability of 321
similar information in other public records, regardless of form. 322
(c) In all cases, the viewing, copying, listening to, or 323
other handling of an autopsy report of a person whose manner of 324
death was determined by a medical examiner to have been by 325
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suicide, an autopsy report of a minor whose death was related to 326
an act of domestic violence , or a photograph or video or audio 327
recording of an autopsy must be under the d irect supervision of 328
the custodian of the record or his or her designee. 329
(5)(a) A surviving spouse must be given reasonable notice 330
of a petition filed with the court to view or copy a photograph 331
or video recording of an autopsy or a petition to listen to or 332
copy an audio recording, a copy of such petition, and reasonable 333
notice of the opportunity to be present and heard at any hearing 334
on the matter. If there is no surviving spouse, then such notice 335
must be given to the parents of the deceased, and if ther e is no 336
living parent, then to the adult children of the deceased. 337
(b) For an autopsy report of a minor whose death was 338
related to an act of domestic violence, any surviving parent who 339
did not commit the act of domestic violence which led to the 340
minor's death must be given reasonable notice of a petition 341
filed with the court to view or copy the autopsy report, a copy 342
of such petition, and reasonable notice of the opportunity to be 343
present and heard at any hearing on the matter. 344
(c) A surviving spouse must be given reasonable notice of 345
a petition filed with the court to view or copy an autopsy 346
report of a person whose manner of death was by suicide, a copy 347
of such petition, and reasonable notice of the opportunity to be 348
present and heard at any hearing on the matter. If there is no 349
surviving spouse, then such notice must be given to the parents 350
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of the deceased, and if there is no living parent, then to the 351
adult children and siblings of the deceased. 352
(6)(a) Any custodian of an autopsy report of a person 353
whose manner of death was determined by a medical examiner to 354
have been by suicide, an autopsy report of a minor whose death 355
was related to an act of domestic violence , or a photograph or 356
video or audio recording of an autopsy who willfully and 357
knowingly violates this section commits a felony of the third 358
degree, punishable as provided in s. 775.082, s. 775.083, or s. 359
775.084. 360
(b) Any person who willfully and knowingly violates a 361
court order issued pursuant to this section commit s a felony of 362
the third degree, punishable as provided in s. 775.082, s. 363
775.083, or s. 775.084. 364
(7) A criminal or administrative proceeding is exempt from 365
this section but is subject to all other provisions of chapter 366
119 unless otherwise exempted. This section does not prohibit a 367
court in a criminal or administrative proceeding upon good cause 368
shown from restricting or otherwise controlling the disclosure 369
of an autopsy, crime scene, or similar report, photograph, or 370
video or audio recording in the manne r prescribed herein. 371
(8) The exemptions in this section shall be given 372
retroactive application. 373
(9) This section is subject to the Open Government Sunset 374
Review Act in accordance with s. 119.15 and shall stand repealed 375
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on October 2, 2029 2028, unless reviewed and saved from repeal 376
through reenactment by the Legislature. 377
Section 4. The Legislature finds that it is a public 378
necessity that autopsy reports of a person whose manner of death 379
was suicide which are held by a medical examiner be made 380
confidential and exempt from s. 119.07(1), Florida Statutes, and 381
s. 24(a), Article I of the State Constitution. The Legislature 382
finds that autopsy reports describe the deceased in a graphic 383
and often disturbing fashion and that autopsy reports of a 384
person whose manner of death was suicide may describe the 385
deceased with graphic and gruesome self -inflicted wounds. As 386
such, these reports often contain highly sensitive descriptions 387
of the deceased which if heard, viewed, copied, or publicized 388
could result in trauma, s orrow, humiliation, or emotional injury 389
to the immediate family of the deceased and detract from the 390
memory of the deceased. The Legislature recognizes that the 391
existence of the Internet and the proliferation of personal 392
computers and cellular telephones t hroughout the world 393
encourages and promotes the wide dissemination of such reports 394
and that widespread unauthorized dissemination of such reports 395
would subject the immediate family of the deceased to continuous 396
injury. The Legislature further finds that th e exemption 397
provided in this act should be given retroactive application 398
because it is remedial in nature. 399
Section 5. This act shall take effect upon becoming a law. 400