CS/HB 529 2024 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 Page 1 of 16 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to public records; amending s. 2 119.071, F.S.; defining the term "suicide of a 3 person"; creating an exemption from public records 4 requirements for a photograph or video or audio 5 recording of the suicide of a person; providing 6 exceptions; requiring that any viewing, copying, 7 listening to, or other handling of such photograph or 8 video or audio recording be under the direct 9 supervision of the custodian of the record or his or 10 her designee; providing notice requirements; providing 11 criminal penalties; providing construction; providing 12 for retroactive application; providing for future 13 legislative review and repeal of the exemption; 14 providing a statement of public necessity; amending s. 15 406.135, F.S.; creating an exemption from public 16 records requirements for autopsy reports of suicide 17 victims; providing exceptions; requiring that any 18 viewing, copying, listening to, or other handling of 19 such autopsy reports be under the direct supervision 20 of the custodian of the record or his or her designee; 21 providing notice requirements; providing criminal 22 penalties; providing construction; providing for 23 retroactive application; providing for future 24 legislative review and repeal of the exemption; 25 CS/HB 529 2024 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 Page 2 of 16 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S providing a statement of public necessity; providing 26 an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Paragraph (p) of subsection (2) of section 31 119.071, Florida Statutes, is amended to read: 32 119.071 General exemptions from inspection or copying of 33 public records.— 34 (2) AGENCY INVESTIGATIONS.— 35 (p)1. As used in this paragraph, the term: 36 a. "Killing of a law enforcement officer who was acting in 37 accordance with his or her official duties" means all acts or 38 events that cause or otherwise relate to the death of a law 39 enforcement officer who was acting in accordance with his or her 40 official duties, including any related acts or events 41 immediately preceding or subsequent to the acts or events that 42 were the proximate cause of death. 43 b. "Killing of a minor" means all acts or ev ents that 44 cause or otherwise relate to the death of a victim who has not 45 yet reached the age of 18 at the time of the death, including 46 any related acts or events immediately preceding or subsequent 47 to the acts or events that were the proximate cause of the death 48 of a victim under the age of 18, events that depict a victim 49 under the age of 18 being killed, or events that depict the body 50 CS/HB 529 2024 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 Page 3 of 16 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S of a victim under the age of 18 who has been killed. 51 c. "Killing of a victim of mass violence" means events 52 that depict either a victim being killed or the body of a victim 53 killed in an incident in which three or more persons, not 54 including the perpetrator, are killed by the perpetrator of an 55 intentional act of violence. 56 d. "Suicide of a person" means events that depict th e 57 suicide of a person, the body of a person whose manner of death 58 was suicide, or any portion of such person's body. 59 2.a. A photograph or video or audio recording that depicts 60 or records the killing of a law enforcement officer who was 61 acting in accordance with his or her official duties or the 62 killing of a victim of mass violence is confidential and exempt 63 from s. 119.07(1) and s. 24(a), Art. I of the State 64 Constitution, except that a surviving spouse of the decedent may 65 view and copy any such photograph or video recording or listen 66 to or copy any such audio recording. If there is no surviving 67 spouse, the surviving parents must shall have access to such 68 records. If there is no surviving spouse or parent, the adult 69 children must shall have access to such r ecords. Nothing in this 70 sub-subparagraph precludes a surviving spouse, parent, or adult 71 child of the victim from sharing or publicly releasing such 72 photograph or video or audio recording. 73 b. A photograph or video or audio recording that depicts 74 or records the killing of a minor is confidential and exempt 75 CS/HB 529 2024 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 Page 4 of 16 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S from s. 119.07(1) and s. 24(a), Art. I of the State 76 Constitution, except that a surviving parent of the deceased 77 minor may view and copy any such photograph or video recording 78 or listen to or copy any suc h audio recording. Nothing in this 79 sub-subparagraph precludes a surviving parent of the victim from 80 sharing or publicly releasing such photograph or video or audio 81 recording. 82 c. A photograph or video or audio recording that depicts 83 or records the suicide of a person is confidential and exempt 84 from s. 119.07(1) and s. 24(a), Art. I of the State 85 Constitution, except that a surviving spouse of the deceased may 86 view and copy any such photograph or video recording or listen 87 to or copy any such audio recording. If there is no surviving 88 spouse, the surviving parents must have access to such records. 89 If there is no surviving spouse or parent, the adult children 90 and siblings must have access to such records. This section does 91 not preclude a surviving spouse, parent , adult child, or sibling 92 of the victim from sharing or publicly releasing such photograph 93 or video or audio recording. 94 3.a. The deceased's surviving relative, with whom 95 authority rests to obtain such records, may designate in writing 96 an agent to obtain such records. 97 b. Notwithstanding subparagraph 2., a local governmental 98 entity, or a state or federal agency, in furtherance of its 99 official duties, pursuant to a written request, may view or copy 100 CS/HB 529 2024 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 Page 5 of 16 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S a photograph or video recording or may listen to or copy an 101 audio recording of the killing of a law enforcement officer who 102 was acting in accordance with his or her official duties, the 103 killing of a victim of mass violence, or the killing of a minor , 104 or the suicide of a person , and, unless otherwise required in 105 the performance of its duties, the identity of the deceased 106 shall remain confidential and exempt. 107 c. The custodian of the record, or his or her designee, 108 may not permit any other person to view or copy such photograph 109 or video recording or listen to or copy such audio recording 110 without a court order. 111 4.a. The court, upon a showing of good cause, may issue an 112 order authorizing any person to view or copy a photograph or 113 video recording that depicts or records the killing of a law 114 enforcement officer who was acting in accordance with his or her 115 official duties, the killing of a victim of mass violence, or 116 the killing of a minor, or the suicide of a person or to listen 117 to or copy an audio recording tha t depicts or records the 118 killing of a law enforcement officer who was acting in 119 accordance with his or her official duties, the killing of a 120 victim of mass violence, or the killing of a minor, or the 121 suicide of a person and may prescribe any restrictions o r 122 stipulations that the court deems appropriate. 123 b. In determining good cause, the court shall consider: 124 (I) Whether such disclosure is necessary for the public 125 CS/HB 529 2024 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 Page 6 of 16 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S evaluation of governmental performance; 126 (II) The seriousness of the intrusion into the fa mily's 127 right to privacy and whether such disclosure is the least 128 intrusive means available; and 129 (III) The availability of similar information in other 130 public records, regardless of form. 131 c. In all cases, the viewing, copying, listening to, or 132 other handling of a photograph or video or audio recording that 133 depicts or records the killing of a law enforcement officer who 134 was acting in accordance with his or her official duties, the 135 killing of a victim of mass violence, or the killing of a minor , 136 or the suicide of a person must be under the direct supervision 137 of the custodian of the record or his or her designee. 138 5.a. A surviving spouse shall be given reasonable notice 139 of a petition filed with the court to view or copy a photograph 140 or video recording that depicts or records the killing of a law 141 enforcement officer who was acting in accordance with his or her 142 official duties or the killing of a victim of mass violence, or 143 to listen to or copy any such audio recording, a copy of such 144 petition, and reasonable notice of the opportunity to be present 145 and heard at any hearing on the matter. If there is no surviving 146 spouse, such notice must be given to the parents of the deceased 147 and, if there is no surviving parent, to the adult children of 148 the deceased. 149 b. A surviving parent must be given reasonable notice of a 150 CS/HB 529 2024 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 Page 7 of 16 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S petition filed with the court to view or copy a photograph or 151 video recording that depicts or records the killing of a minor 152 or to listen to or copy any such audio recording; a copy of such 153 petition; and reasonable notice of the opportunity to be present 154 and heard at any hearing on the matter. 155 c. A surviving spouse shall be given reasonable notice of 156 a petition filed with the court to view or copy a photograph or 157 video recording that depicts or records t he suicide of a person, 158 or listen to or copy any such audio recording, a copy of such 159 petition, and reasonable notice of the opportunity to be present 160 and heard at any hearing on the matter. If there is no surviving 161 spouse, such notice must be given to the parents of the deceased 162 and, if there is no surviving parent, to the adult children and 163 siblings of the deceased. 164 6.a. Any custodian of a photograph or video or audio 165 recording that depicts or records the killing of a law 166 enforcement officer who was act ing in accordance with his or her 167 official duties, the killing of a victim of mass violence, or 168 the killing of a minor , or the suicide of a person who willfully 169 and knowingly violates this paragraph commits a felony of the 170 third degree, punishable as provi ded in s. 775.082, s. 775.083, 171 or s. 775.084. 172 b. Any person who willfully and knowingly violates a court 173 order issued pursuant to this paragraph commits a felony of the 174 third degree, punishable as provided in s. 775.082, s. 775.083, 175 CS/HB 529 2024 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 Page 8 of 16 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S or s. 775.084. 176 c. A criminal or administrative proceeding is exempt from 177 this paragraph but, unless otherwise exempted, is subject to all 178 other provisions of chapter 119; however, this paragraph does 179 not prohibit a court in a criminal or administrative proceeding 180 upon good cause shown from restricting or otherwise controlling 181 the disclosure of a killing, crime scene, or similar photograph 182 or video or audio recording in the manner prescribed in this 183 paragraph. 184 7. The exemptions exemption in this paragraph shall be 185 given retroactive application and shall apply to all photographs 186 or video or audio recordings that depict or record the killing 187 of a law enforcement officer who was acting in accordance with 188 his or her official duties, the killing of a victim of mass 189 violence, or the killing of a minor , or the suicide of a person , 190 regardless of whether the killing or suicide of the person 191 occurred before, on, or after May 23, 2019. However, nothing in 192 this paragraph is intended to, nor may be construed to, overturn 193 or abrogate or alter any existing orders duly entered into by 194 any court of this state, as of the effective date of this act, 195 which restrict or limit access to any photographs or video or 196 audio recordings that depict or record the killing of a law 197 enforcement officer who was acting in accordance with his or her 198 official duties, the killing of a victim of mass violence, or 199 the killing of a minor , or the suicide of a person . 200 CS/HB 529 2024 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 Page 9 of 16 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 8. This paragraph applies only to such photographs and 201 video and audio recordings held by an agency. 202 9. This paragraph is subject to the Open Government Sunset 203 Review Act in accordance with s. 119.15 and shall stand repealed 204 on October 2, 2029 2028, unless reviewed and saved from repeal 205 through reenactment by the Legislature. 206 Section 2. The Legislature finds that it is a public 207 necessity that photographs and video and audio recordings that 208 depict or record the suicide of a person be made confidential 209 and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 210 Article I of the State Constitution and that such exemption be 211 applied retroactively. The Legislature finds that photographs 212 and video and audio recordings that depict or record the suicide 213 of a person render graphic and often disturbing visual or aural 214 representations of the deceased. Such phot ographs and video and 215 audio recordings provide a view of the deceased in the final 216 moments of life, in which they are often experiencing severe 217 symptoms of depression or other mental illness, and may depict 218 graphic and gruesome self -inflicted wounds. As su ch, photographs 219 and video and audio recordings that depict or record the suicide 220 of a person are highly sensitive representations of the deceased 221 which, if heard, viewed, copied, or publicized, could result in 222 trauma, sorrow, humiliation, or emotional inju ry to the 223 immediate family of the deceased and detract from the memory of 224 the deceased. The Legislature recognizes that the existence of 225 CS/HB 529 2024 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 Page 10 of 16 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S the Internet and the proliferation of personal computers and 226 cellular telephones throughout the world encourages and pr omotes 227 the wide dissemination of such photographs and video and audio 228 recordings and that widespread unauthorized dissemination of 229 such photographs and video and audio recordings would subject 230 the immediate family of the deceased to continuous injury. The 231 Legislature further finds that such photographs and video and 232 audio recordings that depict or record the suicide of a person 233 are harmful to the public. The release of such photographs and 234 video and audio recordings may trigger persons who have a mental 235 illness or who are experiencing severe depression to consider 236 suicide. The Legislature further finds that the exemption 237 provided in this act should be given retroactive application 238 because it is remedial in nature. 239 Section 3. Section 406.135, Florida Stat utes, is amended 240 to read: 241 406.135 Autopsies; confidentiality of photographs and 242 video and audio recordings; confidentiality of reports of minor 243 victims of domestic violence; exemption. — 244 (1) As used in this section, the term: 245 (a) "Domestic violence" h as the same meaning as in s. 246 741.28. 247 (b) "Medical examiner" means any district medical 248 examiner, associate medical examiner, or substitute medical 249 examiner acting pursuant to this chapter, as well as any 250 CS/HB 529 2024 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 Page 11 of 16 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S employee, deputy, or agent of a medical examiner o r any other 251 person who may obtain possession of a report, photograph, or 252 audio or video recording of an autopsy in the course of 253 assisting a medical examiner in the performance of his or her 254 official duties. 255 (c) "Minor" means a person younger than 18 yea rs of age 256 who has not had the disability of nonage removed pursuant to s. 257 743.01 or s. 743.015. 258 (2)(a) A photograph or video or audio recording of an 259 autopsy held by a medical examiner is confidential and exempt 260 from s. 119.07(1) and s. 24(a), Art. I of the State 261 Constitution, except that a surviving spouse may view and copy a 262 photograph or video recording or listen to or copy an audio 263 recording of the deceased spouse's autopsy. If there is no 264 surviving spouse, then the surviving parents shall have access 265 to such records. If there is no surviving spouse or parent, then 266 an adult child shall have access to such records. 267 (b) An autopsy report of a minor whose death was related 268 to an act of domestic violence held by a medical examiner is 269 confidential and exe mpt from s. 119.07(1) and s. 24(a), Art. I 270 of the State Constitution, except that a surviving parent of the 271 deceased minor may view and copy the autopsy report if the 272 surviving parent did not commit the act of domestic violence 273 which led to the minor's dea th. 274 (c) An autopsy report of a person whose manner of death 275 CS/HB 529 2024 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 Page 12 of 16 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S was suicide held by a medical examiner is confidential and 276 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 277 Constitution, except that a surviving spouse of the deceased may 278 view and copy the autopsy report. If there is no surviving 279 spouse, the surviving parents must have access to such records. 280 If there is no surviving spouse or parent, the adult children 281 and siblings must have access to such records. 282 (3)(a) The deceased's surviving r elative, with whom 283 authority rests to obtain such records, may designate in writing 284 an agent to obtain such records. 285 (b) Notwithstanding subsection (2), a local governmental 286 entity, or a state or federal agency, in furtherance of its 287 official duties, pur suant to a written request, may: 288 1. View or copy a photograph or video recording or may 289 listen to or copy an audio recording of an autopsy; and 290 2. View or copy an autopsy report of a minor whose death 291 was related to an act of domestic violence ; and. 292 3. View or copy an autopsy report of a person whose manner 293 of death was determined by a medical examiner to have been by 294 suicide. 295 296 Unless otherwise required in the performance of official duties, 297 the identity of the deceased shall remain confidential and 298 exempt. 299 (c) The custodian of the record, or his or her designee, 300 CS/HB 529 2024 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 Page 13 of 16 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S may not permit any other person, except an agent designated in 301 writing by the deceased's surviving relative with whom authority 302 rests to obtain such records, to view or copy an autopsy report 303 of a person whose manner of death was determined by a medical 304 examiner to have been by suicide, an autopsy report of a minor 305 whose death was related to an act of domestic violence , or a 306 photograph or video recording of an autopsy or listen to or copy 307 an audio recording of an autopsy without a court order. 308 (4)(a) The court, upon a showing of good cause, may issue 309 an order authorizing any person to view or copy an autopsy 310 report of a person whose manner of death was determined by a 311 medical examiner to ha ve been by suicide, an autopsy report of a 312 minor whose death was related to an act of domestic violence , or 313 a photograph or video recording of an autopsy or to listen to or 314 copy an audio recording of an autopsy and may prescribe any 315 restrictions or stipula tions that the court deems appropriate. 316 (b) In determining good cause, the court shall consider 317 whether such disclosure is necessary for the public evaluation 318 of governmental performance; the seriousness of the intrusion 319 into the family's right to privac y and whether such disclosure 320 is the least intrusive means available; and the availability of 321 similar information in other public records, regardless of form. 322 (c) In all cases, the viewing, copying, listening to, or 323 other handling of an autopsy report of a person whose manner of 324 death was determined by a medical examiner to have been by 325 CS/HB 529 2024 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 Page 14 of 16 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S suicide, an autopsy report of a minor whose death was related to 326 an act of domestic violence , or a photograph or video or audio 327 recording of an autopsy must be under the d irect supervision of 328 the custodian of the record or his or her designee. 329 (5)(a) A surviving spouse must be given reasonable notice 330 of a petition filed with the court to view or copy a photograph 331 or video recording of an autopsy or a petition to listen to or 332 copy an audio recording, a copy of such petition, and reasonable 333 notice of the opportunity to be present and heard at any hearing 334 on the matter. If there is no surviving spouse, then such notice 335 must be given to the parents of the deceased, and if ther e is no 336 living parent, then to the adult children of the deceased. 337 (b) For an autopsy report of a minor whose death was 338 related to an act of domestic violence, any surviving parent who 339 did not commit the act of domestic violence which led to the 340 minor's death must be given reasonable notice of a petition 341 filed with the court to view or copy the autopsy report, a copy 342 of such petition, and reasonable notice of the opportunity to be 343 present and heard at any hearing on the matter. 344 (c) A surviving spouse must be given reasonable notice of 345 a petition filed with the court to view or copy an autopsy 346 report of a person whose manner of death was by suicide, a copy 347 of such petition, and reasonable notice of the opportunity to be 348 present and heard at any hearing on the matter. If there is no 349 surviving spouse, then such notice must be given to the parents 350 CS/HB 529 2024 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 Page 15 of 16 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S of the deceased, and if there is no living parent, then to the 351 adult children and siblings of the deceased. 352 (6)(a) Any custodian of an autopsy report of a person 353 whose manner of death was determined by a medical examiner to 354 have been by suicide, an autopsy report of a minor whose death 355 was related to an act of domestic violence , or a photograph or 356 video or audio recording of an autopsy who willfully and 357 knowingly violates this section commits a felony of the third 358 degree, punishable as provided in s. 775.082, s. 775.083, or s. 359 775.084. 360 (b) Any person who willfully and knowingly violates a 361 court order issued pursuant to this section commit s a felony of 362 the third degree, punishable as provided in s. 775.082, s. 363 775.083, or s. 775.084. 364 (7) A criminal or administrative proceeding is exempt from 365 this section but is subject to all other provisions of chapter 366 119 unless otherwise exempted. This section does not prohibit a 367 court in a criminal or administrative proceeding upon good cause 368 shown from restricting or otherwise controlling the disclosure 369 of an autopsy, crime scene, or similar report, photograph, or 370 video or audio recording in the manne r prescribed herein. 371 (8) The exemptions in this section shall be given 372 retroactive application. 373 (9) This section is subject to the Open Government Sunset 374 Review Act in accordance with s. 119.15 and shall stand repealed 375 CS/HB 529 2024 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 Page 16 of 16 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S on October 2, 2029 2028, unless reviewed and saved from repeal 376 through reenactment by the Legislature. 377 Section 4. The Legislature finds that it is a public 378 necessity that autopsy reports of a person whose manner of death 379 was suicide which are held by a medical examiner be made 380 confidential and exempt from s. 119.07(1), Florida Statutes, and 381 s. 24(a), Article I of the State Constitution. The Legislature 382 finds that autopsy reports describe the deceased in a graphic 383 and often disturbing fashion and that autopsy reports of a 384 person whose manner of death was suicide may describe the 385 deceased with graphic and gruesome self -inflicted wounds. As 386 such, these reports often contain highly sensitive descriptions 387 of the deceased which if heard, viewed, copied, or publicized 388 could result in trauma, s orrow, humiliation, or emotional injury 389 to the immediate family of the deceased and detract from the 390 memory of the deceased. The Legislature recognizes that the 391 existence of the Internet and the proliferation of personal 392 computers and cellular telephones t hroughout the world 393 encourages and promotes the wide dissemination of such reports 394 and that widespread unauthorized dissemination of such reports 395 would subject the immediate family of the deceased to continuous 396 injury. The Legislature further finds that th e exemption 397 provided in this act should be given retroactive application 398 because it is remedial in nature. 399 Section 5. This act shall take effect upon becoming a law. 400