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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
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549 | | - | court in a criminal or administrative proceeding upon good cause 368 |
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550 | | - | shown from restricting or otherwise controlling the disclosure 369 |
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551 | | - | of an autopsy, crime scene, or similar report, photograph, or 370 |
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552 | | - | video or audio recording in the manne r prescribed herein. 371 |
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553 | | - | (8) The exemptions in this section shall be given 372 |
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554 | | - | retroactive application. 373 |
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555 | | - | (9) This section is subject to the Open Government Sunset 374 |
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556 | | - | Review Act in accordance with s. 119.15 and shall stand repealed 375 |
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| 532 | + | of an autopsy, crime scene, or simila r report, photograph, or 351 |
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| 533 | + | video or audio recording in the manner prescribed herein. 352 |
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| 534 | + | (8) The exemptions in this section shall be given 353 |
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| 535 | + | retroactive application. 354 |
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| 536 | + | (9) This section is subject to the Open Government Sunset 355 |
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| 537 | + | Review Act in accordance with s. 119 .15 and shall stand repealed 356 |
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| 538 | + | on October 2, 2029 2028, unless reviewed and saved from repeal 357 |
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| 539 | + | through reenactment by the Legislature. 358 |
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| 540 | + | Section 4. The Legislature finds that it is a public 359 |
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| 541 | + | necessity that autopsy reports of a person whose manner of death 360 |
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| 542 | + | was suicide which are held by a medical examiner be made 361 |
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| 543 | + | confidential and exempt from s. 119.07(1), Florida Statutes, and 362 |
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| 544 | + | s. 24(a), Article I of the State Constitution. The Legislature 363 |
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| 545 | + | finds that autopsy reports describe the deceased in a graphic 364 |
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| 546 | + | and often disturbing fashion and that autopsy reports of a 365 |
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| 547 | + | person whose manner of death was suicide may describe the 366 |
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| 548 | + | deceased with graphic and gruesome self -inflicted wounds. As 367 |
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| 549 | + | such, these reports often contain highly sensitive descriptions 368 |
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| 550 | + | of the deceased which if heard, viewed, copied, or publicized 369 |
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| 551 | + | could result in trauma, sorrow, humiliation, or emotional injury 370 |
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| 552 | + | to the immediate family of the deceased and detract from the 371 |
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| 553 | + | memory of the deceased. The Legislature recognizes that the 372 |
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| 554 | + | existence of the Internet and the proliferation of personal 373 |
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| 555 | + | computers and cellular telephones throughout the world 374 |
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| 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 |
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570 | | - | through reenactment by the Legislature. 377 |
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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 |
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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 |
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588 | | - | and that widespread unauthorized dissemination of such reports 395 |
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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 |
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| 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 |
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| 573 | + | because it is remedial in nature. 380 |
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| 574 | + | Section 5. This act shall take effect upon becoming a law. 381 |
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