STORAGE NAME: h0231a.CRM
DATE: 3/12/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 231
TITLE: Pub. Rec./Medical Examiners
SPONSOR(S): Kendall
COMPANION BILL: SB 746 (Yarborough)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Criminal Justice
15 Y, 0 N
Government Operations
Judiciary
SUMMARY
Effect of the Bill:
HB 231 creates a public record exemption to exempt specified personal identifying and location information of
current and former medical examiners and their families from public record requirements.
Fiscal or Economic Impact:
The bill may have an indeterminate negative fiscal impact on state and local governments due to any costs
associated with training staff on and making redactions required by the newly-created public record exemption for
current and former medical examiners.
Extraordinary Vote Required for Passage:
The bill requires a two-thirds vote of the members present and voting in both houses of the Legislature for final
passage.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
HB 231 creates a public record exemption for current and former medical examiners and their families.
Specifically, the following personal identifying and location information will be exempt from public record
requirements under the bill:
Home addresses, telephone numbers, dates of birth, and photographs of current and former medical
examiners;
Names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and
children of current and former medical examiners; and
Names and locations of schools and day care facilities attended by the children of current and former
medical examiners. (Section 1)
Under the bill, a “medical examiner” means any district medical examiner, associate medical examiner, or
substitute medical examiner acting pursuant to ch. 406, F.S., and any employee, deputy, or agent of such a medical
examiner. (Section 1)
Pursuant to the Open Government Sunset Review Act, the exemption will be automatically repealed on October 2,
2030, unless reviewed and reenacted by the Legislature. (Section 1)
The bill includes the constitutionally required public necessity statement, in which the Legislature finds that the
exemption is necessary to protect the personal privacy and safety of current and former medical examiners and
their families and that the harm that may result from the release of such personal identifying and location
information outweighs any public benefit that may be derived from the disclosure of such information. (Section 2)
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The bill provides an effective date of upon becoming a law. (Section 3)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an insignificant negative fiscal impact on state agencies holding records that contain the personal
identifying and location information of current and former medical examiners and their families as staff
responsible for complying with public record requests may require training related to the public record exemption.
Additionally, state agencies could incur costs associated with redacting the exempt information prior to releasing
records. However, these additional costs will likely be absorbed within existing resources.
LOCAL GOVERNMENT:
The bill may have an insignificant negative fiscal impact on local agencies holding records that contain the personal
identifying and location information of current and former medical examiners and their families as staff
responsible for complying with public record requests may require training related to the public record exemption.
Additionally, local agencies could incur costs associated with redacting the exempt information prior to releasing
records. However, these additional costs will likely be absorbed within existing resources.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Public Records
Article I, section 24(a)of the Florida Constitution sets forth the state’s public policy regarding access to government
records. This section guarantees every person the right to inspect or copy any public record of the legislative,
executive, and judicial branches of government.
1 The Legislature, however, may provide by general law for
exemption
2 from public record requirements provided that the exemption passes by a two-thirds vote of each
chamber, states with specificity the public necessity justifying the exemption, and is no broader than necessary to
meet its public purpose.
3
The Florida Statutes also address the public policy regarding access to government records. Section 119.071(1),
F.S., guarantees every person the right to inspect and copy any state, county, or municipal record, unless the record
is exempt.
4 Furthermore, the Open Government Sunset Review Act
5 provides that a public record exemption may
be created, revised, or maintained only if it serves an identifiable public purpose and the Legislature finds that the
purpose is sufficiently compelling to override the strong public policy of open government and cannot be
accomplished without the exemption.
6 An identifiable public purpose is served if the exemption meets one of the
following purposes:
Allows the state or its political subdivisions to effectively and efficiently administer a governmental
program, which administration would be significantly impaired without the exemption;
Protects sensitive personal information that, if released, would be defamatory or would jeopardize an
individual’s safety; however, only the identity of an individual may be exempted under this provision; or
Protects trade or business secrets.
7
1
Art. I, s. 24(a), Fla. Const.
2
A public record exemption means a provision of general law which provides that a specified record, or portion thereof, is not
subject to the access requirements of s. 119.07(1), F.S., or s. 24, art. I of the Florida Constitution. See s. 119.011(8), F.S.
3
Art. I, s. 24(c), Fla. Const.
4
See s. 119.01, F.S.
5
S. 119.15, F.S.
6
S. 119.15(6)(b), F.S.
7
Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Pursuant to the Open Government Sunset Review Act, a new public record exemption or substantial amendment of
an existing public record exemption is repealed on October 2
nd of the fifth year following enactment, unless the
Legislature reenacts the exemption.
8
Furthermore, there is a difference between records the Legislature designates as exempt from public record
requirements and those the Legislature deems confidential and exempt. A record classified as exempt from public
disclosure may be disclosed under certain circumstances. However, if the Legislature designates a record as
confidential and exempt from public disclosure, such record may not be released by the custodian of public records
to anyone other than the persons or entities specifically designated in statute.
9
Medical Examiners
The Medical Examiner Commission, which operates within the Department of Law Enforcement, establishes
medical examiner districts within the state.
10 The Governor appoints a district medical examiner for each district
created by the Commission.
11 Each district medical examiner may appoint as many physicians as associate medical
examiners as may be necessary to provide service at all times and all places within the district.
12 In the absence of
the district medical examiner or associate medical examiner, the state attorney of the county may appoint a
competent physician to act in their place.
13
In any of the following circumstances involving the death of a human being, the medical examiner of the district in
which the death occurred or the body was found must determine the cause of death by performing such
examinations, investigations, and autopsies as he or she deems necessary or as requested by the state attorney:
When any person dies in this state:
o Of criminal violence.
o By accident.
o By suicide.
o Suddenly, when in apparent good health.
o Unattended by a practicing physician or other recognized practitioner.
o In any prison or penal institution.
o In police custody.
o In any suspicious or unusual circumstance.
o By criminal abortion.
o By poison.
o By disease constituting a threat to public health.
o By disease, injury, or toxic agent resulting from employment.
When a dead body is brought into this state without proper medical certification.
When a body is to be cremated, dissected, or buried at sea.
14
The district medical examiner has the authority to perform, or have performed, whatever autopsies or laboratory
examinations he or she deems necessary and in the public interest to determine the identification of or cause or
manner of death of the deceased or to obtain evidence necessary for forensic examination.
15
Currently, neither the personal identifying information nor location information of current and former medical
examiners is exempt from Florida’s public record requirements.
8
S. 119.15(3), F.S.
9
See WFTV, Inc. v. The School Board of Seminole, 874 So. 2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So. 2d 1015 (Fla.
2004); City of Riviera Beach v. Barfield, 642 So. 2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So. 2d 687 (Fla.
5th DCA 1991); See Attorney General Opinion 85-62 (August 1, 1985).
10
S. 406.05, F.S.
11
S. 406.06(1), F.S.
12
S. 406.06(2), F.S.
13
S. 406.15, F.S.
14
S. 406.11(1), F.S.
15
S. 406.11(2), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Criminal Justice Subcommittee 15 Y, 0 N 3/12/2025 Hall Leshko
Government Operations
Subcommittee
Judiciary Committee