FL
Florida House Bill H0529

Florida 2024 Regular Session

Florida House Bill H0529 Compare Versions

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1010 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 VE S
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1414 A bill to be entitled 1
1515 An act relating to public records; amending s. 2
1616 119.071, F.S.; defining the term "suicide of a 3
1717 person"; creating an exemption from public records 4
1818 requirements for a photograph or video or audio 5
1919 recording of the suicide of a person; providing 6
2020 exceptions; requiring that any viewing, copying, 7
2121 listening to, or other handling of such photograph or 8
2222 video or audio recording be under the direct 9
2323 supervision of the custodian of the record or his or 10
24-her designee; providing notice requirements; providing 11
25-criminal penalties; providing construction; providing 12
26-for retroactive application; providing for future 13
27-legislative review and repeal of the exemption; 14
28-providing a statement of public necessity; amending s. 15
29-406.135, F.S.; creating an exemption from public 16
30-records requirements for autopsy reports of suicide 17
31-victims; providing exceptions; requiring that any 18
32-viewing, copying, listening to, or other handling of 19
33-such autopsy reports be under the direct supervision 20
34-of the custodian of the record or his or her designee; 21
35-providing notice requirements; providing criminal 22
36-penalties; providing construction; providing for 23
37-retroactive application; providing for future 24
38-legislative review and repeal of the exemption; 25
24+her designee; providing criminal penalties; providing 11
25+construction; providing for retroactive application; 12
26+providing for future legislative review and repeal of 13
27+the exemption; providing a statement of public 14
28+necessity; amending s. 406.135, F.S.; creating an 15
29+exemption from public records requirements for autopsy 16
30+reports of suicide victims; providing exceptions; 17
31+requiring that any viewing, copying, listening to, or 18
32+other handling of such autopsy reports be under the 19
33+direct supervision of the custodian of the record or 20
34+his or her designee; providing criminal penalties; 21
35+providing construction; providing for retroactive 22
36+application; providing for future legislative review 23
37+and repeal of the exemption; providing a statement of 24
38+public necessity; providing an effective date. 25
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4747 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 VE S
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51-providing a statement of public necessity; providing 26
52-an effective date. 27
51+ 26
52+Be It Enacted by the Legislature of the State of Florida: 27
5353 28
54-Be It Enacted by the Legislature of the State of Florida: 29
55- 30
56- Section 1. Paragraph (p) of subsection (2) of section 31
57-119.071, Florida Statutes, is amended to read: 32
58- 119.071 General exemptions from inspection or copying of 33
59-public records.— 34
60- (2) AGENCY INVESTIGATIONS.— 35
61- (p)1. As used in this paragraph, the term: 36
62- a. "Killing of a law enforcement officer who was acting in 37
63-accordance with his or her official duties" means all acts or 38
64-events that cause or otherwise relate to the death of a law 39
65-enforcement officer who was acting in accordance with his or her 40
66-official duties, including any related acts or events 41
67-immediately preceding or subsequent to the acts or events that 42
68-were the proximate cause of death. 43
69- b. "Killing of a minor" means all acts or ev ents that 44
70-cause or otherwise relate to the death of a victim who has not 45
71-yet reached the age of 18 at the time of the death, including 46
72-any related acts or events immediately preceding or subsequent 47
73-to the acts or events that were the proximate cause of the death 48
74-of a victim under the age of 18, events that depict a victim 49
75-under the age of 18 being killed, or events that depict the body 50
54+ Section 1. Paragraph (p) of subsection (2) of section 29
55+119.071, Florida Statutes, is amended to read: 30
56+ 119.071 General exemptions from inspection or copy ing of 31
57+public records.— 32
58+ (2) AGENCY INVESTIGATIONS. — 33
59+ (p)1. As used in this paragraph, the term: 34
60+ a. "Killing of a law enforcement officer who was acting in 35
61+accordance with his or her official duties" means all acts or 36
62+events that cause or otherwise rel ate to the death of a law 37
63+enforcement officer who was acting in accordance with his or her 38
64+official duties, including any related acts or events 39
65+immediately preceding or subsequent to the acts or events that 40
66+were the proximate cause of death. 41
67+ b. "Killing of a minor" means all acts or events that 42
68+cause or otherwise relate to the death of a victim who has not 43
69+yet reached the age of 18 at the time of the death, including 44
70+any related acts or events immediately preceding or subsequent 45
71+to the acts or events tha t were the proximate cause of the death 46
72+of a victim under the age of 18, events that depict a victim 47
73+under the age of 18 being killed, or events that depict the body 48
74+of a victim under the age of 18 who has been killed. 49
75+ c. "Killing of a victim of mass vio lence" means events 50
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8484 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 VE S
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88-of a victim under the age of 18 who has been killed. 51
89- c. "Killing of a victim of mass violence" means events 52
90-that depict either a victim being killed or the body of a victim 53
91-killed in an incident in which three or more persons, not 54
92-including the perpetrator, are killed by the perpetrator of an 55
93-intentional act of violence. 56
94- d. "Suicide of a person" means events that depict th e 57
95-suicide of a person, the body of a person whose manner of death 58
96-was suicide, or any portion of such person's body. 59
97- 2.a. A photograph or video or audio recording that depicts 60
98-or records the killing of a law enforcement officer who was 61
99-acting in accordance with his or her official duties or the 62
100-killing of a victim of mass violence is confidential and exempt 63
101-from s. 119.07(1) and s. 24(a), Art. I of the State 64
102-Constitution, except that a surviving spouse of the decedent may 65
103-view and copy any such photograph or video recording or listen 66
104-to or copy any such audio recording. If there is no surviving 67
105-spouse, the surviving parents must shall have access to such 68
106-records. If there is no surviving spouse or parent, the adult 69
107-children must shall have access to such r ecords. Nothing in this 70
108-sub-subparagraph precludes a surviving spouse, parent, or adult 71
109-child of the victim from sharing or publicly releasing such 72
110-photograph or video or audio recording. 73
111- b. A photograph or video or audio recording that depicts 74
112-or records the killing of a minor is confidential and exempt 75
88+that depict either a victim being killed or the body of a victim 51
89+killed in an incident in which three or more persons, not 52
90+including the perpetrator, are killed by the perpetrator of an 53
91+intentional act of violence. 54
92+ d. "Suicide of a pe rson" means events that depict the 55
93+suicide of a person, the body of a person whose manner of death 56
94+was suicide, or any portion of such person's body. 57
95+ 2.a. A photograph or video or audio recording that depicts 58
96+or records the killing of a law enforcement o fficer who was 59
97+acting in accordance with his or her official duties or the 60
98+killing of a victim of mass violence is confidential and exempt 61
99+from s. 119.07(1) and s. 24(a), Art. I of the State 62
100+Constitution, except that a surviving spouse of the decedent may 63
101+view and copy any such photograph or video recording or listen 64
102+to or copy any such audio recording. If there is no surviving 65
103+spouse, the surviving parents must shall have access to such 66
104+records. If there is no surviving spouse or parent, the adult 67
105+children must shall have access to such records. Nothing in this 68
106+sub-subparagraph precludes a surviving spouse, parent, or adult 69
107+child of the victim from sharing or publicly releasing such 70
108+photograph or video or audio recording. 71
109+ b. A photograph or video or audio recording that depicts 72
110+or records the killing of a minor is confidential and exempt 73
111+from s. 119.07(1) and s. 24(a), Art. I of the State 74
112+Constitution, except that a surviving parent of the deceased 75
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121121 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 VE S
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125-from s. 119.07(1) and s. 24(a), Art. I of the State 76
126-Constitution, except that a surviving parent of the deceased 77
127-minor may view and copy any such photograph or video recording 78
128-or listen to or copy any suc h audio recording. Nothing in this 79
129-sub-subparagraph precludes a surviving parent of the victim from 80
130-sharing or publicly releasing such photograph or video or audio 81
131-recording. 82
132- c. A photograph or video or audio recording that depicts 83
133-or records the suicide of a person is confidential and exempt 84
134-from s. 119.07(1) and s. 24(a), Art. I of the State 85
135-Constitution, except that a surviving spouse of the deceased may 86
136-view and copy any such photograph or video recording or listen 87
137-to or copy any such audio recording. If there is no surviving 88
138-spouse, the surviving parents must have access to such records. 89
139-If there is no surviving spouse or parent, the adult children 90
140-and siblings must have access to such records. This section does 91
141-not preclude a surviving spouse, parent , adult child, or sibling 92
142-of the victim from sharing or publicly releasing such photograph 93
143-or video or audio recording. 94
144- 3.a. The deceased's surviving relative, with whom 95
145-authority rests to obtain such records, may designate in writing 96
146-an agent to obtain such records. 97
147- b. Notwithstanding subparagraph 2., a local governmental 98
148-entity, or a state or federal agency, in furtherance of its 99
149-official duties, pursuant to a written request, may view or copy 100
125+minor may view and copy any such photograph or video recor ding 76
126+or listen to or copy any such audio recording. Nothing in this 77
127+sub-subparagraph precludes a surviving parent of the victim from 78
128+sharing or publicly releasing such photograph or video or audio 79
129+recording. 80
130+ c. A photograph or video or audio recording th at depicts 81
131+or records the suicide of a person is confidential and exempt 82
132+from s. 119.07(1) and s. 24(a), Art. I of the State 83
133+Constitution, except that a surviving spouse of the deceased may 84
134+view and copy any such photograph or video recording or listen 85
135+to or copy any such audio recording. If there is no surviving 86
136+spouse, the surviving parents must have access to such records. 87
137+If there is no surviving spouse or parent, the adult children 88
138+and siblings must have access to such records. This section does 89
139+not preclude a surviving spouse, parent, adult child, or sibling 90
140+of the victim from sharing or publicly releasing such photograph 91
141+or video or audio recording. 92
142+ 3.a. The deceased's surviving relative, with whom 93
143+authority rests to obtain such records, may designa te in writing 94
144+an agent to obtain such records. 95
145+ b. Notwithstanding subparagraph 2., a local governmental 96
146+entity, or a state or federal agency, in furtherance of its 97
147+official duties, pursuant to a written request, may view or copy 98
148+a photograph or video recording or may listen to or copy an 99
149+audio recording of the killing of a law enforcement officer who 100
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158158 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 VE S
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162-a photograph or video recording or may listen to or copy an 101
163-audio recording of the killing of a law enforcement officer who 102
164-was acting in accordance with his or her official duties, the 103
165-killing of a victim of mass violence, or the killing of a minor , 104
166-or the suicide of a person , and, unless otherwise required in 105
167-the performance of its duties, the identity of the deceased 106
168-shall remain confidential and exempt. 107
169- c. The custodian of the record, or his or her designee, 108
170-may not permit any other person to view or copy such photograph 109
171-or video recording or listen to or copy such audio recording 110
172-without a court order. 111
173- 4.a. The court, upon a showing of good cause, may issue an 112
174-order authorizing any person to view or copy a photograph or 113
175-video recording that depicts or records the killing of a law 114
176-enforcement officer who was acting in accordance with his or her 115
177-official duties, the killing of a victim of mass violence, or 116
178-the killing of a minor, or the suicide of a person or to listen 117
179-to or copy an audio recording tha t depicts or records the 118
180-killing of a law enforcement officer who was acting in 119
181-accordance with his or her official duties, the killing of a 120
182-victim of mass violence, or the killing of a minor, or the 121
183-suicide of a person and may prescribe any restrictions o r 122
184-stipulations that the court deems appropriate. 123
185- b. In determining good cause, the court shall consider: 124
186- (I) Whether such disclosure is necessary for the public 125
162+was acting in accordance with his or her official duties, the 101
163+killing of a victim of mass violence, or the killing of a minor , 102
164+or the suicide of a person , and, unless otherwise required in 103
165+the performance of its duties, the identity of the deceased 104
166+shall remain confidential and exempt. 105
167+ c. The custodian of the record, or his or her designee, 106
168+may not permit any other person to view or copy such photograph 107
169+or video recording or listen to or copy such audio r ecording 108
170+without a court order. 109
171+ 4.a. The court, upon a showing of good cause, may issue an 110
172+order authorizing any person to view or copy a photograph or 111
173+video recording that depicts or records the killing of a law 112
174+enforcement officer who was acting in acc ordance with his or her 113
175+official duties, the killing of a victim of mass violence, or 114
176+the killing of a minor, or the suicide of a person or to listen 115
177+to or copy an audio recording that depicts or records the 116
178+killing of a law enforcement officer who was act ing in 117
179+accordance with his or her official duties, the killing of a 118
180+victim of mass violence, or the killing of a minor, or the 119
181+suicide of a person and may prescribe any restrictions or 120
182+stipulations that the court deems appropriate. 121
183+ b. In determining good cause, the court shall consider: 122
184+ (I) Whether such disclosure is necessary for the public 123
185+evaluation of governmental performance; 124
186+ (II) The seriousness of the intrusion into the family's 125
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195195 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 VE S
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199-evaluation of governmental performance; 126
200- (II) The seriousness of the intrusion into the fa mily's 127
201-right to privacy and whether such disclosure is the least 128
202-intrusive means available; and 129
203- (III) The availability of similar information in other 130
204-public records, regardless of form. 131
205- c. In all cases, the viewing, copying, listening to, or 132
206-other handling of a photograph or video or audio recording that 133
207-depicts or records the killing of a law enforcement officer who 134
208-was acting in accordance with his or her official duties, the 135
209-killing of a victim of mass violence, or the killing of a minor , 136
210-or the suicide of a person must be under the direct supervision 137
211-of the custodian of the record or his or her designee. 138
212- 5.a. A surviving spouse shall be given reasonable notice 139
213-of a petition filed with the court to view or copy a photograph 140
214-or video recording that depicts or records the killing of a law 141
215-enforcement officer who was acting in accordance with his or her 142
216-official duties or the killing of a victim of mass violence, or 143
217-to listen to or copy any such audio recording, a copy of such 144
218-petition, and reasonable notice of the opportunity to be present 145
219-and heard at any hearing on the matter. If there is no surviving 146
220-spouse, such notice must be given to the parents of the deceased 147
221-and, if there is no surviving parent, to the adult children of 148
222-the deceased. 149
223- b. A surviving parent must be given reasonable notice of a 150
199+right to privacy and whether such disclosure is the least 126
200+intrusive means available; and 127
201+ (III) The availability of similar information in other 128
202+public records, regardless of form. 129
203+ c. In all cases, the viewing, copying, listening to, or 130
204+other handling of a photograph or video or audio recording that 131
205+depicts or records the killing of a law enforcement officer who 132
206+was acting in accordance with his or her official duties, the 133
207+killing of a victim of mass violence, or the killing of a minor , 134
208+or the suicide of a person must be under the direct supervision 135
209+of the custodian of the record or his or her designee. 136
210+ 5.a. A surviving spouse shall be given reasonable notice 137
211+of a petition filed with the court to view or copy a photograph 138
212+or video recording that depicts or records the killing of a law 139
213+enforcement officer who was actin g in accordance with his or her 140
214+official duties or the killing of a victim of mass violence, or 141
215+to listen to or copy any such audio recording, a copy of such 142
216+petition, and reasonable notice of the opportunity to be present 143
217+and heard at any hearing on the m atter. If there is no surviving 144
218+spouse, such notice must be given to the parents of the deceased 145
219+and, if there is no surviving parent, to the adult children of 146
220+the deceased. 147
221+ b. A surviving parent must be given reasonable notice of a 148
222+petition filed with t he court to view or copy a photograph or 149
223+video recording that depicts or records the killing of a minor 150
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232232 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 VE S
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236-petition filed with the court to view or copy a photograph or 151
237-video recording that depicts or records the killing of a minor 152
238-or to listen to or copy any such audio recording; a copy of such 153
239-petition; and reasonable notice of the opportunity to be present 154
240-and heard at any hearing on the matter. 155
241- c. A surviving spouse shall be given reasonable notice of 156
242-a petition filed with the court to view or copy a photograph or 157
243-video recording that depicts or records t he suicide of a person, 158
244-or listen to or copy any such audio recording, a copy of such 159
245-petition, and reasonable notice of the opportunity to be present 160
246-and heard at any hearing on the matter. If there is no surviving 161
247-spouse, such notice must be given to the parents of the deceased 162
248-and, if there is no surviving parent, to the adult children and 163
249-siblings of the deceased. 164
250- 6.a. Any custodian of a photograph or video or audio 165
251-recording that depicts or records the killing of a law 166
252-enforcement officer who was act ing in accordance with his or her 167
253-official duties, the killing of a victim of mass violence, or 168
254-the killing of a minor , or the suicide of a person who willfully 169
255-and knowingly violates this paragraph commits a felony of the 170
256-third degree, punishable as provi ded in s. 775.082, s. 775.083, 171
257-or s. 775.084. 172
258- b. Any person who willfully and knowingly violates a court 173
259-order issued pursuant to this paragraph commits a felony of the 174
260-third degree, punishable as provided in s. 775.082, s. 775.083, 175
236+or to listen to or copy any such audio recording; a copy of such 151
237+petition; and reasonable notice of the opportunity to be present 152
238+and heard at any heari ng on the matter. 153
239+ 6.a. Any custodian of a photograph or video or audio 154
240+recording that depicts or records the killing of a law 155
241+enforcement officer who was acting in accordance with his or her 156
242+official duties, the killing of a victim of mass violence, or 157
243+the killing of a minor , or the suicide of a person who willfully 158
244+and knowingly violates this paragraph commits a felony of the 159
245+third degree, punishable as provided in s. 775.082, s. 775.083, 160
246+or s. 775.084. 161
247+ b. Any person who willfully and knowingly violate s a court 162
248+order issued pursuant to this paragraph commits a felony of the 163
249+third degree, punishable as provided in s. 775.082, s. 775.083, 164
250+or s. 775.084. 165
251+ c. A criminal or administrative proceeding is exempt from 166
252+this paragraph but, unless otherwise exempt ed, is subject to all 167
253+other provisions of chapter 119; however, this paragraph does 168
254+not prohibit a court in a criminal or administrative proceeding 169
255+upon good cause shown from restricting or otherwise controlling 170
256+the disclosure of a killing, crime scene, or similar photograph 171
257+or video or audio recording in the manner prescribed in this 172
258+paragraph. 173
259+ 7. The exemptions exemption in this paragraph shall be 174
260+given retroactive application and shall apply to all photographs 175
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269269 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 VE S
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273-or s. 775.084. 176
274- c. A criminal or administrative proceeding is exempt from 177
275-this paragraph but, unless otherwise exempted, is subject to all 178
276-other provisions of chapter 119; however, this paragraph does 179
277-not prohibit a court in a criminal or administrative proceeding 180
278-upon good cause shown from restricting or otherwise controlling 181
279-the disclosure of a killing, crime scene, or similar photograph 182
280-or video or audio recording in the manner prescribed in this 183
281-paragraph. 184
282- 7. The exemptions exemption in this paragraph shall be 185
283-given retroactive application and shall apply to all photographs 186
284-or video or audio recordings that depict or record the killing 187
285-of a law enforcement officer who was acting in accordance with 188
286-his or her official duties, the killing of a victim of mass 189
287-violence, or the killing of a minor , or the suicide of a person , 190
288-regardless of whether the killing or suicide of the person 191
289-occurred before, on, or after May 23, 2019. However, nothing in 192
290-this paragraph is intended to, nor may be construed to, overturn 193
291-or abrogate or alter any existing orders duly entered into by 194
292-any court of this state, as of the effective date of this act, 195
293-which restrict or limit access to any photographs or video or 196
294-audio recordings that depict or record the killing of a law 197
295-enforcement officer who was acting in accordance with his or her 198
296-official duties, the killing of a victim of mass violence, or 199
297-the killing of a minor , or the suicide of a person . 200
273+or video or audio recordings that depict o r record the killing 176
274+of a law enforcement officer who was acting in accordance with 177
275+his or her official duties, the killing of a victim of mass 178
276+violence, or the killing of a minor , or the suicide of a person , 179
277+regardless of whether the killing or suicide of the person 180
278+occurred before, on, or after May 23, 2019. However, nothing in 181
279+this paragraph is intended to, nor may be construed to, overturn 182
280+or abrogate or alter any existing orders duly entered into by 183
281+any court of this state, as of the effective date of this act, 184
282+which restrict or limit access to any photographs or video or 185
283+audio recordings that depict or record the killing of a law 186
284+enforcement officer who was acting in accordance with his or her 187
285+official duties, the killing of a victim of mass violence, or 188
286+the killing of a minor , or the suicide of a person . 189
287+ 8. This paragraph applies only to such photographs and 190
288+video and audio recordings held by an agency. 191
289+ 9. This paragraph is subject to the Open Government Sunset 192
290+Review Act in accordance with s. 119. 15 and shall stand repealed 193
291+on October 2, 2029 2028, unless reviewed and saved from repeal 194
292+through reenactment by the Legislature. 195
293+ Section 2. The Legislature finds that it is a public 196
294+necessity that photographs and video and audio recordings that 197
295+depict or record the suicide of a person be made confidential 198
296+and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 199
297+Article I of the State Constitution and that such exemption be 200
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306306 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 VE S
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310- 8. This paragraph applies only to such photographs and 201
311-video and audio recordings held by an agency. 202
312- 9. This paragraph is subject to the Open Government Sunset 203
313-Review Act in accordance with s. 119.15 and shall stand repealed 204
314-on October 2, 2029 2028, unless reviewed and saved from repeal 205
315-through reenactment by the Legislature. 206
316- Section 2. The Legislature finds that it is a public 207
317-necessity that photographs and video and audio recordings that 208
318-depict or record the suicide of a person be made confidential 209
319-and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 210
320-Article I of the State Constitution and that such exemption be 211
321-applied retroactively. The Legislature finds that photographs 212
322-and video and audio recordings that depict or record the suicide 213
323-of a person render graphic and often disturbing visual or aural 214
324-representations of the deceased. Such phot ographs and video and 215
325-audio recordings provide a view of the deceased in the final 216
326-moments of life, in which they are often experiencing severe 217
327-symptoms of depression or other mental illness, and may depict 218
328-graphic and gruesome self -inflicted wounds. As su ch, photographs 219
329-and video and audio recordings that depict or record the suicide 220
330-of a person are highly sensitive representations of the deceased 221
331-which, if heard, viewed, copied, or publicized, could result in 222
332-trauma, sorrow, humiliation, or emotional inju ry to the 223
333-immediate family of the deceased and detract from the memory of 224
334-the deceased. The Legislature recognizes that the existence of 225
310+applied retroactively. The Legislature finds that photographs 201
311+and video and audio recordings that depict or record the suicide 202
312+of a person render graphic and often disturbing visual or aural 203
313+representations of the deceased. Such photographs and video and 204
314+audio recordings provide a view of the deceased in the final 205
315+moments of life, in which they are often experiencing severe 206
316+symptoms of depression or other mental illness, and may depict 207
317+graphic and gruesome self -inflicted wounds. As such, photographs 208
318+and video and audio recordings that depict or record the suicide 209
319+of a person are highly sensitive representations of the deceased 210
320+which, if heard, viewed, copied, or publicized, could result in 211
321+trauma, sorrow, humiliation, or emotional injury to the 212
322+immediate family of the deceased and detract from the memory of 213
323+the deceased. The Legis lature recognizes that the existence of 214
324+the Internet and the proliferation of personal computers and 215
325+cellular telephones throughout the world encourages and promotes 216
326+the wide dissemination of such photographs and video and audio 217
327+recordings and that widespr ead unauthorized dissemination of 218
328+such photographs and video and audio recordings would subject 219
329+the immediate family of the deceased to continuous injury. The 220
330+Legislature further finds that such photographs and video and 221
331+audio recordings that depict or rec ord the suicide of a person 222
332+are harmful to the public. The release of such photographs and 223
333+video and audio recordings may trigger persons who have a mental 224
334+illness or who are experiencing severe depression to consider 225
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343343 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 VE S
344344
345345
346346
347-the Internet and the proliferation of personal computers and 226
348-cellular telephones throughout the world encourages and pr omotes 227
349-the wide dissemination of such photographs and video and audio 228
350-recordings and that widespread unauthorized dissemination of 229
351-such photographs and video and audio recordings would subject 230
352-the immediate family of the deceased to continuous injury. The 231
353-Legislature further finds that such photographs and video and 232
354-audio recordings that depict or record the suicide of a person 233
355-are harmful to the public. The release of such photographs and 234
356-video and audio recordings may trigger persons who have a mental 235
357-illness or who are experiencing severe depression to consider 236
358-suicide. The Legislature further finds that the exemption 237
359-provided in this act should be given retroactive application 238
360-because it is remedial in nature. 239
361- Section 3. Section 406.135, Florida Stat utes, is amended 240
362-to read: 241
363- 406.135 Autopsies; confidentiality of photographs and 242
364-video and audio recordings; confidentiality of reports of minor 243
365-victims of domestic violence; exemption. — 244
366- (1) As used in this section, the term: 245
367- (a) "Domestic violence" h as the same meaning as in s. 246
368-741.28. 247
369- (b) "Medical examiner" means any district medical 248
370-examiner, associate medical examiner, or substitute medical 249
371-examiner acting pursuant to this chapter, as well as any 250
347+suicide. The Legislature further finds that the exemption 226
348+provided in this act should be given retroactive application 227
349+because it is remedial in nature. 228
350+ Section 3. Section 406.135, Florida Statutes, is amended 229
351+to read: 230
352+ 406.135 Autopsies; confidentiality of photographs and 231
353+video and audio recordings; confidentiality of reports of minor 232
354+victims of domestic violence; exemption. — 233
355+ (1) As used in this section, the term: 234
356+ (a) "Domestic violence" has the same meaning as in s. 235
357+741.28. 236
358+ (b) "Medical examiner" means any district medical 237
359+examiner, associate medical examiner, or substitute medical 238
360+examiner acting pursuant to this chapter, as well as any 239
361+employee, deputy, or agent of a medical examiner or any other 240
362+person who may obtain possession of a report, photograph, or 241
363+audio or video recording of an autopsy in the course of 242
364+assisting a medical examiner in the performance of his or her 243
365+official duties. 244
366+ (c) "Minor" means a person younger than 18 years of age 245
367+who has not had the disability of nonage removed pursuant to s. 246
368+743.01 or s. 743.015. 247
369+ (2)(a) A photograph or video or audio recording of an 248
370+autopsy held by a medical examiner is confidential and exempt 249
371+from s. 119.07(1) and s. 24(a), Art. I of the State 250
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380380 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 VE S
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384-employee, deputy, or agent of a medical examiner o r any other 251
385-person who may obtain possession of a report, photograph, or 252
386-audio or video recording of an autopsy in the course of 253
387-assisting a medical examiner in the performance of his or her 254
388-official duties. 255
389- (c) "Minor" means a person younger than 18 yea rs of age 256
390-who has not had the disability of nonage removed pursuant to s. 257
391-743.01 or s. 743.015. 258
392- (2)(a) A photograph or video or audio recording of an 259
393-autopsy held by a medical examiner is confidential and exempt 260
394-from s. 119.07(1) and s. 24(a), Art. I of the State 261
395-Constitution, except that a surviving spouse may view and copy a 262
396-photograph or video recording or listen to or copy an audio 263
397-recording of the deceased spouse's autopsy. If there is no 264
398-surviving spouse, then the surviving parents shall have access 265
399-to such records. If there is no surviving spouse or parent, then 266
400-an adult child shall have access to such records. 267
401- (b) An autopsy report of a minor whose death was related 268
402-to an act of domestic violence held by a medical examiner is 269
403-confidential and exe mpt from s. 119.07(1) and s. 24(a), Art. I 270
404-of the State Constitution, except that a surviving parent of the 271
405-deceased minor may view and copy the autopsy report if the 272
406-surviving parent did not commit the act of domestic violence 273
407-which led to the minor's dea th. 274
408- (c) An autopsy report of a person whose manner of death 275
384+Constitution, except that a surviving spouse may view and copy a 251
385+photograph or video re cording or listen to or copy an audio 252
386+recording of the deceased spouse's autopsy. If there is no 253
387+surviving spouse, then the surviving parents shall have access 254
388+to such records. If there is no surviving spouse or parent, then 255
389+an adult child shall have acces s to such records. 256
390+ (b) An autopsy report of a minor whose death was related 257
391+to an act of domestic violence held by a medical examiner is 258
392+confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 259
393+of the State Constitution, except that a surviving par ent of the 260
394+deceased minor may view and copy the autopsy report if the 261
395+surviving parent did not commit the act of domestic violence 262
396+which led to the minor's death. 263
397+ (c) An autopsy report of a person whose manner of death 264
398+was suicide held by a medical exami ner is confidential and 265
399+exempt from s. 119.07(1) and s. 24(a), Art. I of the State 266
400+Constitution, except that a surviving spouse of the deceased may 267
401+view and copy the autopsy report. If there is no surviving 268
402+spouse, the surviving parents must have access to such records. 269
403+If there is no surviving spouse or parent, the adult children 270
404+and siblings must have access to such records. 271
405+ (3)(a) The deceased's surviving relative, with whom 272
406+authority rests to obtain such records, may designate in writing 273
407+an agent to obtain such records. 274
408+ (b) Notwithstanding subsection (2), a local governmental 275
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417417 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 VE S
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421-was suicide held by a medical examiner is confidential and 276
422-exempt from s. 119.07(1) and s. 24(a), Art. I of the State 277
423-Constitution, except that a surviving spouse of the deceased may 278
424-view and copy the autopsy report. If there is no surviving 279
425-spouse, the surviving parents must have access to such records. 280
426-If there is no surviving spouse or parent, the adult children 281
427-and siblings must have access to such records. 282
428- (3)(a) The deceased's surviving r elative, with whom 283
429-authority rests to obtain such records, may designate in writing 284
430-an agent to obtain such records. 285
431- (b) Notwithstanding subsection (2), a local governmental 286
432-entity, or a state or federal agency, in furtherance of its 287
433-official duties, pur suant to a written request, may: 288
434- 1. View or copy a photograph or video recording or may 289
435-listen to or copy an audio recording of an autopsy; and 290
436- 2. View or copy an autopsy report of a minor whose death 291
437-was related to an act of domestic violence ; and. 292
438- 3. View or copy an autopsy report of a person whose manner 293
439-of death was determined by a medical examiner to have been by 294
440-suicide. 295
441- 296
442-Unless otherwise required in the performance of official duties, 297
443-the identity of the deceased shall remain confidential and 298
444-exempt. 299
445- (c) The custodian of the record, or his or her designee, 300
421+entity, or a state or federal agency, in furtherance of its 276
422+official duties, pursuant to a written request, may: 277
423+ 1. View or copy a photograph or video recording or may 278
424+listen to or copy an audio recording of an autopsy; and 279
425+ 2. View or copy an autopsy report of a minor whose death 280
426+was related to an act of domestic violence ; and. 281
427+ 3. View or copy an autopsy report of a person whose manner 282
428+of death was determined by a medical examiner to have been by 283
429+suicide. 284
430+ 285
431+Unless otherwise required in the performance of official duties, 286
432+the identity of the deceased shall remain confidential and 287
433+exempt. 288
434+ (c) The custodian of the record, or his or her designee, 289
435+may not permit any other perso n, except an agent designated in 290
436+writing by the deceased's surviving relative with whom authority 291
437+rests to obtain such records, to view or copy an autopsy report 292
438+of a person whose manner of death was determined by a medical 293
439+examiner to have been by suicide , an autopsy report of a minor 294
440+whose death was related to an act of domestic violence , or a 295
441+photograph or video recording of an autopsy or listen to or copy 296
442+an audio recording of an autopsy without a court order. 297
443+ (4)(a) The court, upon a showing of good cause, may issue 298
444+an order authorizing any person to view or copy an autopsy 299
445+report of a person whose manner of death was determined by a 300
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454454 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 VE S
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458-may not permit any other person, except an agent designated in 301
459-writing by the deceased's surviving relative with whom authority 302
460-rests to obtain such records, to view or copy an autopsy report 303
461-of a person whose manner of death was determined by a medical 304
462-examiner to have been by suicide, an autopsy report of a minor 305
463-whose death was related to an act of domestic violence , or a 306
464-photograph or video recording of an autopsy or listen to or copy 307
465-an audio recording of an autopsy without a court order. 308
466- (4)(a) The court, upon a showing of good cause, may issue 309
467-an order authorizing any person to view or copy an autopsy 310
468-report of a person whose manner of death was determined by a 311
469-medical examiner to ha ve been by suicide, an autopsy report of a 312
470-minor whose death was related to an act of domestic violence , or 313
471-a photograph or video recording of an autopsy or to listen to or 314
472-copy an audio recording of an autopsy and may prescribe any 315
473-restrictions or stipula tions that the court deems appropriate. 316
474- (b) In determining good cause, the court shall consider 317
475-whether such disclosure is necessary for the public evaluation 318
476-of governmental performance; the seriousness of the intrusion 319
477-into the family's right to privac y and whether such disclosure 320
478-is the least intrusive means available; and the availability of 321
479-similar information in other public records, regardless of form. 322
480- (c) In all cases, the viewing, copying, listening to, or 323
481-other handling of an autopsy report of a person whose manner of 324
482-death was determined by a medical examiner to have been by 325
458+medical examiner to have been by suicide, an autopsy report of a 301
459+minor whose death was related to an act of domestic vi olence, or 302
460+a photograph or video recording of an autopsy or to listen to or 303
461+copy an audio recording of an autopsy and may prescribe any 304
462+restrictions or stipulations that the court deems appropriate. 305
463+ (b) In determining good cause, the court shall consider 306
464+whether such disclosure is necessary for the public evaluation 307
465+of governmental performance; the seriousness of the intrusion 308
466+into the family's right to privacy and whether such disclosure 309
467+is the least intrusive means available; and the availability of 310
468+similar information in other public records, regardless of form. 311
469+ (c) In all cases, the viewing, copying, listening to, or 312
470+other handling of an autopsy report of a person whose manner of 313
471+death was determined by a medical examiner to have been by 314
472+suicide, an autopsy report of a minor whose death was related to 315
473+an act of domestic violence , or a photograph or video or audio 316
474+recording of an autopsy must be under the direct supervision of 317
475+the custodian of the record or his or her designee. 318
476+ (5)(a) A surviving spo use must be given reasonable notice 319
477+of a petition filed with the court to view or copy a photograph 320
478+or video recording of an autopsy or a petition to listen to or 321
479+copy an audio recording, a copy of such petition, and reasonable 322
480+notice of the opportunity to be present and heard at any hearing 323
481+on the matter. If there is no surviving spouse, then such notice 324
482+must be given to the parents of the deceased, and if there is no 325
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491491 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 VE S
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494494
495-suicide, an autopsy report of a minor whose death was related to 326
496-an act of domestic violence , or a photograph or video or audio 327
497-recording of an autopsy must be under the d irect supervision of 328
498-the custodian of the record or his or her designee. 329
499- (5)(a) A surviving spouse must be given reasonable notice 330
500-of a petition filed with the court to view or copy a photograph 331
501-or video recording of an autopsy or a petition to listen to or 332
502-copy an audio recording, a copy of such petition, and reasonable 333
503-notice of the opportunity to be present and heard at any hearing 334
504-on the matter. If there is no surviving spouse, then such notice 335
505-must be given to the parents of the deceased, and if ther e is no 336
506-living parent, then to the adult children of the deceased. 337
507- (b) For an autopsy report of a minor whose death was 338
508-related to an act of domestic violence, any surviving parent who 339
509-did not commit the act of domestic violence which led to the 340
510-minor's death must be given reasonable notice of a petition 341
511-filed with the court to view or copy the autopsy report, a copy 342
512-of such petition, and reasonable notice of the opportunity to be 343
513-present and heard at any hearing on the matter. 344
514- (c) A surviving spouse must be given reasonable notice of 345
515-a petition filed with the court to view or copy an autopsy 346
516-report of a person whose manner of death was by suicide, a copy 347
517-of such petition, and reasonable notice of the opportunity to be 348
518-present and heard at any hearing on the matter. If there is no 349
519-surviving spouse, then such notice must be given to the parents 350
495+living parent, then to the adult children of the deceased. 326
496+ (b) For an autopsy report of a minor whose death was 327
497+related to an act of domestic violence, any surviving parent who 328
498+did not commit the act of domestic violence which led to the 329
499+minor's death must be given reasonable notice of a petition 330
500+filed with the court to view or copy the auto psy report, a copy 331
501+of such petition, and reasonable notice of the opportunity to be 332
502+present and heard at any hearing on the matter. 333
503+ (6)(a) Any custodian of an autopsy report of a person 334
504+whose manner of death was determined by a medical examiner to 335
505+have been by suicide, an autopsy report of a minor whose death 336
506+was related to an act of domestic violence , or a photograph or 337
507+video or audio recording of an autopsy who willfully and 338
508+knowingly violates this section commits a felony of the third 339
509+degree, punishable as provided in s. 775.082, s. 775.083, or s. 340
510+775.084. 341
511+ (b) Any person who willfully and knowingly violates a 342
512+court order issued pursuant to this section commits a felony of 343
513+the third degree, punishable as provided in s. 775.082, s. 344
514+775.083, or s. 775.084. 345
515+ (7) A criminal or administrative proceeding is exempt from 346
516+this section but is subject to all o ther provisions of chapter 347
517+119 unless otherwise exempted. This section does not prohibit a 348
518+court in a criminal or administrative proceeding upon good cause 349
519+shown from restricting or otherwise controlling the disclosure 350
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528528 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 VE S
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532-of the deceased, and if there is no living parent, then to the 351
533-adult children and siblings of the deceased. 352
534- (6)(a) Any custodian of an autopsy report of a person 353
535-whose manner of death was determined by a medical examiner to 354
536-have been by suicide, an autopsy report of a minor whose death 355
537-was related to an act of domestic violence , or a photograph or 356
538-video or audio recording of an autopsy who willfully and 357
539-knowingly violates this section commits a felony of the third 358
540-degree, punishable as provided in s. 775.082, s. 775.083, or s. 359
541-775.084. 360
542- (b) Any person who willfully and knowingly violates a 361
543-court order issued pursuant to this section commit s a felony of 362
544-the third degree, punishable as provided in s. 775.082, s. 363
545-775.083, or s. 775.084. 364
546- (7) A criminal or administrative proceeding is exempt from 365
547-this section but is subject to all other provisions of chapter 366
548-119 unless otherwise exempted. This section does not prohibit a 367
549-court in a criminal or administrative proceeding upon good cause 368
550-shown from restricting or otherwise controlling the disclosure 369
551-of an autopsy, crime scene, or similar report, photograph, or 370
552-video or audio recording in the manne r prescribed herein. 371
553- (8) The exemptions in this section shall be given 372
554-retroactive application. 373
555- (9) This section is subject to the Open Government Sunset 374
556-Review Act in accordance with s. 119.15 and shall stand repealed 375
532+of an autopsy, crime scene, or simila r report, photograph, or 351
533+video or audio recording in the manner prescribed herein. 352
534+ (8) The exemptions in this section shall be given 353
535+retroactive application. 354
536+ (9) This section is subject to the Open Government Sunset 355
537+Review Act in accordance with s. 119 .15 and shall stand repealed 356
538+on October 2, 2029 2028, unless reviewed and saved from repeal 357
539+through reenactment by the Legislature. 358
540+ Section 4. The Legislature finds that it is a public 359
541+necessity that autopsy reports of a person whose manner of death 360
542+was suicide which are held by a medical examiner be made 361
543+confidential and exempt from s. 119.07(1), Florida Statutes, and 362
544+s. 24(a), Article I of the State Constitution. The Legislature 363
545+finds that autopsy reports describe the deceased in a graphic 364
546+and often disturbing fashion and that autopsy reports of a 365
547+person whose manner of death was suicide may describe the 366
548+deceased with graphic and gruesome self -inflicted wounds. As 367
549+such, these reports often contain highly sensitive descriptions 368
550+of the deceased which if heard, viewed, copied, or publicized 369
551+could result in trauma, sorrow, humiliation, or emotional injury 370
552+to the immediate family of the deceased and detract from the 371
553+memory of the deceased. The Legislature recognizes that the 372
554+existence of the Internet and the proliferation of personal 373
555+computers and cellular telephones throughout the world 374
556+encourages and promotes the wide dissemination of such reports 375
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569-on October 2, 2029 2028, unless reviewed and saved from repeal 376
570-through reenactment by the Legislature. 377
571- Section 4. The Legislature finds that it is a public 378
572-necessity that autopsy reports of a person whose manner of death 379
573-was suicide which are held by a medical examiner be made 380
574-confidential and exempt from s. 119.07(1), Florida Statutes, and 381
575-s. 24(a), Article I of the State Constitution. The Legislature 382
576-finds that autopsy reports describe the deceased in a graphic 383
577-and often disturbing fashion and that autopsy reports of a 384
578-person whose manner of death was suicide may describe the 385
579-deceased with graphic and gruesome self -inflicted wounds. As 386
580-such, these reports often contain highly sensitive descriptions 387
581-of the deceased which if heard, viewed, copied, or publicized 388
582-could result in trauma, s orrow, humiliation, or emotional injury 389
583-to the immediate family of the deceased and detract from the 390
584-memory of the deceased. The Legislature recognizes that the 391
585-existence of the Internet and the proliferation of personal 392
586-computers and cellular telephones t hroughout the world 393
587-encourages and promotes the wide dissemination of such reports 394
588-and that widespread unauthorized dissemination of such reports 395
589-would subject the immediate family of the deceased to continuous 396
590-injury. The Legislature further finds that th e exemption 397
591-provided in this act should be given retroactive application 398
592-because it is remedial in nature. 399
593- Section 5. This act shall take effect upon becoming a law. 400
569+and that widespread unauthorized dissemination of such reports 376
570+would subject the immediate family of the deceas ed to continuous 377
571+injury. The Legislature further finds that the exemption 378
572+provided in this act should be given retroactive application 379
573+because it is remedial in nature. 380
574+ Section 5. This act shall take effect upon becoming a law. 381