This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0529e.SAC
DATE: 2/7/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 529 Pub. Rec./Photographs, Recordings, and Reports of Autopsies of Suicide Victims
SPONSOR(S): Ethics, Elections & Open Government Subcommittee, Trabulsy and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 474
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Ethics, Elections & Open Government
Subcommittee
16 Y, 0 N, As CS Rando Toliver
2) Health & Human Services Committee 21 Y, 0 N Guzzo Calamas
3) State Affairs Committee 20 Y, 0 N Rando Williamson
SUMMARY ANALYSIS
Current law provides that photographs, videos, and audio recordings held by an agency that depict or record
the following incidents are confidential and exempt from public record requirements:
The killing of a law enforcement officer acting in accordance with his or her official duties.
The killing of a victim of mass violence.
The killing of a minor.
Additionally, photographs, videos, and audio recordings of an autopsy held by a medical examiner are
confidential and exempt from public record requirements. The autopsy report of a minor whose death was
related to an act of domestic violence is confidential and exempt and may only be released to a surviving
parent if he or she did not commit the act of domestic violence.
In all other circumstances, the surviving spouse — or in the case of a minor, any surviving parent — of the
deceased may view, listen to, and copy such records. If there is no surviving spouse, the surviving parents
must have access to such confidential and exempt records, and if there is no surviving spouse or parent, then
the adult children must have access. Current law permits a court to grant a person authorization to access
such confidential and exempt records, and allows for the disclosure of such records to a federal, state, or local
agency, if disclosure is in furtherance of that agency’s official duties.
The bill expands current public record exemptions to include certain information related to victims of suicide.
The bill provides that photographs, videos, and audio recordings held by an agency that depict the suicide of a
person are confidential and exempt from public record requirements. The bill also provides that the autopsy
report of a person whose manner of death was suicide, held by a medical examiner, is confidential and
exempt. The bill allows for disclosure of such confidential and exempt records to a surviving spouse of the
deceased. If there is no surviving spouse, the surviving parents must have access, and if there is no surviving
spouse or parent, then the surviving adult children and siblings must have access.
The bill provides for retroactive application of the expanded public record exemptions. It also provides the
public record exemptions are subject to the Open Government Sunset Review Act, and will be repealed on
October 2, 2029, unless reviewed and saved from repeal through reenactment by the Legislature.
The bill may have an insignificant negative fiscal impact on state and local governments.
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly-created or expanded public record exemption. The bill expands
public record exemptions; thus, it requires a two-thirds vote for final passage.
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DATE: 2/7/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Public Records
The Florida Constitution sets forth the state’s public policy regarding access to government records,
guaranteeing every person a right to inspect or copy any public record of the legislative, executive, and
judicial branches of government.
1
The Legislature, however, may provide by general law for exemption
2
from public record requirements provided the exemption passes by two-thirds vote of each chamber,
states with specificity the public necessity justifying the exemption, and is no broader than necessary to
meet its public purpose.
3
The Florida Statutes also address the public policy regarding access to government records,
guaranteeing every person a right to inspect and copy any state, county, or municipal record, unless
the record is exempt.
4
Furthermore, the Open Government Sunset Review Act
5
provides that a public
record exemption may be created, revised, or maintained only if it serves an identifiable public purpose
and the “Legislature finds that the purpose is sufficiently compelling to override the strong public policy
of open government and cannot be accomplished without the exemption.”
6
An identifiable public
purpose is served if the exemption meets one of the following purposes:
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption;
Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision; or
Protect trade or business secrets.
7
Pursuant to the Open Government Sunset Review Act, a new public record exemption or substantial
amendment of an existing public record exemption is repealed on October 2
nd
of the fifth year following
enactment, unless the Legislature reenacts the exemption.
8
Confidentiality of Photographs, Recordings, and Autopsy Reports
Current law provides that a photograph, video recording, or audio recording that depicts or records the
following is confidential and exempt
9
from public record requirements:
The killing of a law enforcement officer acting in accordance with his or her official duties.
The killing of a victim of mass violence.
The killing of a minor.
10
1
Article I, s. 24(a), FLA. CONST.
2
A public record exemption means a provision of general law which provides that a specified record, or portion thereof, is not subject
to the access requirements of s. 119.07(1), F.S., or s. 24, Art. I of the Florida Constitution. See s. 119.011(8), F.S.
3
Article I, s. 24(c), FLA. CONST.
4
See s. 119.01, F.S.
5
Section 119.15, F.S.
6
Section 119.15(6)(b), F.S.
7
Id.
8
Section 119.15(3), F.S.
9
There is a difference between records the Legislature designates exempt from public record requirements and those the Legislature
designates confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain
circumstances. See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied, 892 So.2d 1015 (Fla.
2004); State v. Wooten, 260 So. 3d 1060, 1070 (Fla. 4th DCA 2018); City of Riviera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA
1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA 1991). If the Legislature designates a record as confidential
and exempt from public disclosure, such record may not be released by the custodian of public records to anyone other than the
persons or entities specifically designated in statute. See Op. Att’y Gen. Fla. 04-09 (2004).
10
Section 119.071(2)(p)2.a., F.S. STORAGE NAME: h0529e.SAC PAGE: 3
DATE: 2/7/2024
All photographs, video recordings, and audio recordings of an autopsy held by a medical examiner are
also confidential and exempt from public record requirements.
11
In addition, the autopsy report of a
minor whose death was related to an act of domestic violence is confidential and exempt and may only
be released to a surviving parent who did not commit the act of domestic violence.
12
In all other circumstances, a surviving spouse — or in the case of a minor, any surviving parent — may
view, listen to, or copy any such records.
13
If the deceased has no surviving spouse, the surviving
parents must have access to such records, and if there is no surviving spouse or parent, the adult
children must have access to the records.
14
A federal, state, or local government agency may make a written request to access or copy such
confidential and exempt photographs, recordings, or autopsy reports for the purpose of performing its
official duties. The agency must keep the identity of the deceased confidential and exempt, unless
disclosure is otherwise required in the performance of its official duties.
15
Any other person wishing to access such confidential and exempt photographs, recordings, or autopsy
reports may petition the court for authorization to do so. Upon a showing of good cause, a court may
issue an order authorizing any person access to such photographs, recordings, or autopsy reports
under the direct supervision of the custodian of the record and may order any appropriate restrictions or
stipulations on such access.
16
The court must consider the following factors to determine if there is
good cause relating to a request to access the confidential and exempt photographs, recordings, or
autopsy reports:
Whether disclosure is necessary for the public evaluation of governmental performance.
The seriousness of the intrusion into the deceased’s family’s right to privacy and whether
disclosure is the least intrusive means available.
The availability of similar information in other public records.
17
If a petition making such request is filed with the court, the surviving spouse or other family member
must be given reasonable notice, a copy of the petition, and have the opportunity to be present and
heard at any hearing on the petition.
18
A custodian of a confidential and exempt photograph, recording, or autopsy report who willfully and
knowingly violates the provisions of law governing access to these records commits a third-degree
felony.
19
Similarly, a person who willfully and knowingly violates a court order regarding such records
commits a third-degree felony.
20
Effect of the Bill
The bill expands current public record exemptions to include certain information related to victims of
suicide. The bill provides that photographs, video recordings, and audio recordings that depict or record
the suicide of a person
21
held by an agency are confidential and exempt from public record
11
Section 406.135(2)(a), F.S.
12
Section 406.135(2)(b), F.S.
13
Section 119.071(2)(p)2.a., F.S.; s. 406.135(2)(a), F.S.
14
Section 119.071(2)(p)2.a., F.S.; s. 406.135(2)(a), F.S.
15
Section 119.071(2)(p)3.b., F.S.; s. 406.135(3)(b), F.S.
16
Section 119.071(2)(p)4.a., F.S.; s. 406.135(4)(a), F.S.
17
Section 119.071(2)(p)4.b., F.S.; s. 406.135(4)(b), F.S.
18
Section 119.071(2)(p)5., F.S.; s. 406.135(5)(a), F.S.
19
Section 119.071(2)(p)6.a., F.S.; s. 406.135(6)(a), F.S. A third-degree felony is punishable by up to five years in prison, or a fine of
up to $5,000. See ss. 775.082(3)(e) and 775.083(1)(c), F.S.
20
Section 119.071(2)(p)6.b., F.S.; 406.135(6)(b), F.S.
21
The bill defines “suicide of a person” to mean events that depict the suicide of a person, the body of a person whose manner of death
was by suicide, or any portion of such person’s body. STORAGE NAME: h0529e.SAC PAGE: 4
DATE: 2/7/2024
requirements. It also provides that the autopsy report of a person whose manner of death was suicide,
held by a medical examiner, is confidential and exempt.
The bill incorporates the same provisions as current law regarding access to the confidential and
exempt records. Specifically, the bill provides that:
A local government entity or a state or federal agency, pursuant to a written request, may
access such confidential and exempt photographs, recordings, and reports.
The custodian of the such confidential and exempt record, or his or her designee, may not
permit any other person to access such records without a court order.
A person wishing to access such records may petition the court for authorization to do so, in
which case the surviving spouse, or other family member, must be given notice.
The court, upon showing of good cause, may issue an order authorizing any person to view or
copy such records. The custodian of such confidential and exempt records, or his or her
designee, must directly supervise anyone who accesses such records.
Any custodian of such records who willfully or knowingly violates the provisions of the bill
regarding access to the confidential and exempt photographs, recordings, and reports, and any
person who violates a court order issued pursuant to the provisions of the bill commits a third-
degree felony.
The bill provides that a surviving spouse of the deceased whose manner of death was by suicide may
access any confidential and exempt photograph, recording, or autopsy report. If the deceased has no
surviving spouse, then the surviving parents must have access to such records, and if there is no
surviving spouse or parent, the adult children and siblings must have access to the records. The bill
further provides that the deceased’s surviving relative granted authority to access such records may
designate in writing an agent to access the records.
The bill provides for retroactive application of the expanded public record exemptions. The public
record exemptions are subject to the Open Government Sunset Review Act and will automatically
repeal on October 2, 2029, unless reviewed and saved from repeal by the Legislature. The bill also
provides the constitutionally required public necessity statement.
22
B. SECTION DIRECTORY:
Section 1: Amends s. 119.071, F.S., relating to general exemptions from inspection or copying of
public records.
Section 2: Provides a public necessity statement.
Section 3: Amends s. 406.135, F.S., relating to autopsies; confidentiality of photographs and video
and audio recordings; exemptions.
Section 4: Provides a public necessity statement.
Section 5: Provides an effective date of upon becoming a law.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
22
Article I, s. 24(c), FLA. CONST., requires each public record exemption to “state with specificity the public necessity justifying the
exemption.” STORAGE NAME: h0529e.SAC PAGE: 5
DATE: 2/7/2024
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill may have an insignificant negative fiscal impact on state and local agencies that are custodians
of the confidential and exempt photographs, recordings, or autopsy reports relating to the suicide of a
person, as staff responsible for complying with public record requests may require training related to
the newly-created public record exemptions. However, any additional costs will likely be absorbed
within existing resources.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
Vote Requirement
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly-created or expanded public record exemption. The bill expands
current public record exemptions; thus, it requires a two-thirds vote for final passage.
Public Necessity Statement
Article I, s. 24(c) of the Florida Constitution requires a public necessity statement for a newly created
or expanded public record exemption. The bill expands current public record exemptions; thus, it
includes the required public necessity statements. The public necessity statement regarding
photographs or video or audio recordings of a suicide of a person states that the Legislature finds, in
part, that based on the highly sensitive representations of the deceased in such photographs or
recordings, the release and publication of such materials could cause trauma, humiliation, and
emotional injury to the immediate family of the deceased. Furthermore, the Legislature finds that the
release of such photographs and video and audio recordings may cause persons who have a mental
illness or who are experiencing severe depression to consider suicide. The public necessity
statement regarding an autopsy report of a victim of suicide states that the Legislature finds, in part,
that based on the graphic and sensitive nature of autopsy reports of a person whose manner of
death was by suicide, the release and publication of such reports could cause trauma, humiliation,
and emotional injury to the immediate family of the deceased.
Breadth of Exemption
Article I, s. 24(c) of the Florida Constitution requires a newly created or expanded public record
exemption to be no broader than necessary to accomplish the stated purpose of the law. The bill
expands current public record exemptions for photographs, recordings, and autopsy reports to STORAGE NAME: h0529e.SAC PAGE: 6
DATE: 2/7/2024
include such information concerning the suicide of a person, which does not appear broader than
necessary to accomplish the stated purpose.
B. RULE-MAKING AUTHORITY:
The bill does not require rulemaking nor confer or alter an agency’s rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 10, 2024, the Ethics, Elections & Open Government Subcommittee adopted an amendment
and reported the bill favorably as a committee substitute. The amendment required that the surviving
spouse of a victim of suicide, or other specified family member if there is no surviving spouse, be given
notice when a person files a petition with a court requesting to view or copy records exempted under the
bill. Additionally, the surviving spouse, or other family member, must be given a copy of the petition and an
opportunity to be present and heard at any hearing on the petition.
This analysis is drafted to the committee substitute as approved by the Ethics, Elections & Open
Government Subcommittee.