Bill Amendment: FL S0474 | 2024 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Public Records/Suicide Victims

Status: 2024-03-22 - Chapter No. 2024-18 [S0474 Detail]

Download: Florida-2024-S0474-Senate_Committee_Amendment_334562.html

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       Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 474
       
       
       
       
       
       
                                Ì334562(Î334562                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Governmental Oversight and Accountability
       (Grall) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 153 - 329
    4  and insert:
    5         c. A surviving spouse shall be given reasonable notice of a
    6  petition filed with the court to view or copy a photograph or
    7  video recording that depicts or records the suicide of a person,
    8  or to listen to or copy any such audio recording; a copy of such
    9  petition; and reasonable notice of the opportunity to be present
   10  and heard at any hearing on the matter. If there is no surviving
   11  spouse, such notice must be given to the parents of the deceased
   12  and, if there is no surviving parent, to the adult children and
   13  siblings of the deceased.
   14         6.a. Any custodian of a photograph or video or audio
   15  recording that depicts or records the killing of a law
   16  enforcement officer who was acting in accordance with his or her
   17  official duties, the killing of a victim of mass violence, or
   18  the killing of a minor, or the suicide of a person who willfully
   19  and knowingly violates this paragraph commits a felony of the
   20  third degree, punishable as provided in s. 775.082, s. 775.083,
   21  or s. 775.084.
   22         b. Any person who willfully and knowingly violates a court
   23  order issued pursuant to this paragraph commits a felony of the
   24  third degree, punishable as provided in s. 775.082, s. 775.083,
   25  or s. 775.084.
   26         c. A criminal or administrative proceeding is exempt from
   27  this paragraph but, unless otherwise exempted, is subject to all
   28  other provisions of chapter 119; however, this paragraph does
   29  not prohibit a court in a criminal or administrative proceeding
   30  upon good cause shown from restricting or otherwise controlling
   31  the disclosure of a killing, crime scene, or similar photograph
   32  or video or audio recording in the manner prescribed in this
   33  paragraph.
   34         7. The exemptions exemption in this paragraph shall be
   35  given retroactive application and shall apply to all photographs
   36  or video or audio recordings that depict or record the killing
   37  of a law enforcement officer who was acting in accordance with
   38  his or her official duties, the killing of a victim of mass
   39  violence, or the killing of a minor, or the suicide of a person,
   40  regardless of whether the killing or suicide of the person
   41  occurred before, on, or after May 23, 2019. However, nothing in
   42  this paragraph is intended to, nor may be construed to, overturn
   43  or abrogate or alter any existing orders duly entered into by
   44  any court of this state, as of the effective date of this act,
   45  which restrict or limit access to any photographs or video or
   46  audio recordings that depict or record the killing of a law
   47  enforcement officer who was acting in accordance with his or her
   48  official duties, the killing of a victim of mass violence, or
   49  the killing of a minor, or the suicide of a person.
   50         8. This paragraph applies only to such photographs and
   51  video and audio recordings held by an agency.
   52         9. This paragraph is subject to the Open Government Sunset
   53  Review Act in accordance with s. 119.15 and shall stand repealed
   54  on October 2, 2029 2028, unless reviewed and saved from repeal
   55  through reenactment by the Legislature.
   56         Section 2. The Legislature finds that it is a public
   57  necessity that photographs, video, and audio recordings that
   58  depict or record the suicide of a person be made confidential
   59  and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   60  Article I of the State Constitution and that such exemption be
   61  applied retroactively. The Legislature finds that photographs,
   62  video, and audio recordings that depict or record the suicide of
   63  a person render graphic and often disturbing visual or aural
   64  representations of the deceased. Such photographs, video, and
   65  audio recordings provide a view of the deceased in the final
   66  moments of life, in which they are often experiencing severe
   67  symptoms of depression or other mental illness, and may depict
   68  graphic and gruesome self-inflicted wounds. As such,
   69  photographs, video, and audio recordings that depict or record
   70  the suicide of a person are highly sensitive representations of
   71  the deceased which, if heard, viewed, copied, or publicized,
   72  could result in trauma, sorrow, humiliation, or emotional injury
   73  to the immediate family of the deceased and detract from the
   74  memory of the deceased. The Legislature recognizes that the
   75  existence of the Internet and the proliferation of personal
   76  computers and cellular telephones throughout the world
   77  encourages and promotes the wide dissemination of such
   78  photographs, video, and audio recordings and that widespread
   79  unauthorized dissemination of such photographs, video, and audio
   80  recordings would subject the immediate family of the deceased to
   81  continuous injury. The Legislature further finds that such
   82  photographs, video, and audio recordings that depict or record
   83  the suicide of a person are harmful to the public. The release
   84  of such photographs, video, and audio recordings may trigger
   85  persons who have a mental illness or who are experiencing severe
   86  depression to consider suicide. The Legislature further finds
   87  that the exemption provided in this act should be given
   88  retroactive application because it is remedial in nature.
   89         Section 3. Section 406.135, Florida Statutes, is amended to
   90  read:
   91         406.135 Autopsies; confidentiality of photographs and video
   92  and audio recordings; confidentiality of reports of minor
   93  victims of domestic violence; exemption.—
   94         (1) As used in this section, the term:
   95         (a) “Domestic violence” has the same meaning as in s.
   96  741.28.
   97         (b) “Medical examiner” means any district medical examiner,
   98  associate medical examiner, or substitute medical examiner
   99  acting pursuant to this chapter, as well as any employee,
  100  deputy, or agent of a medical examiner or any other person who
  101  may obtain possession of a report, photograph, or audio or video
  102  recording of an autopsy in the course of assisting a medical
  103  examiner in the performance of his or her official duties.
  104         (c) “Minor” means a person younger than 18 years of age who
  105  has not had the disability of nonage removed pursuant to s.
  106  743.01 or s. 743.015.
  107         (2)(a) A photograph or video or audio recording of an
  108  autopsy held by a medical examiner is confidential and exempt
  109  from s. 119.07(1) and s. 24(a), Art. I of the State
  110  Constitution, except that a surviving spouse may view and copy a
  111  photograph or video recording or listen to or copy an audio
  112  recording of the deceased spouse’s autopsy. If there is no
  113  surviving spouse, then the surviving parents shall have access
  114  to such records. If there is no surviving spouse or parent, then
  115  an adult child shall have access to such records.
  116         (b) An autopsy report of a minor whose death was related to
  117  an act of domestic violence held by a medical examiner is
  118  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  119  of the State Constitution, except that a surviving parent of the
  120  deceased minor may view and copy the autopsy report if the
  121  surviving parent did not commit the act of domestic violence
  122  which led to the minor’s death.
  123         (c) An autopsy report of a person whose manner of death was
  124  suicide held by a medical examiner is confidential and exempt
  125  from s. 119.07(1) and s. 24(a), Art. I of the State
  126  Constitution, except that a surviving spouse of the deceased may
  127  view and copy the autopsy report. If there is no surviving
  128  spouse, the surviving parents must have access to such records.
  129  If there is no surviving spouse or parent, the adult children
  130  and siblings must have access to such records.
  131         (3)(a) The deceased’s surviving relative, with whom
  132  authority rests to obtain such records, may designate in writing
  133  an agent to obtain such records.
  134         (b) Notwithstanding subsection (2), a local governmental
  135  entity, or a state or federal agency, in furtherance of its
  136  official duties, pursuant to a written request, may:
  137         1. View or copy a photograph or video recording or may
  138  listen to or copy an audio recording of an autopsy; and
  139         2. View or copy an autopsy report of a minor whose death
  140  was related to an act of domestic violence; and.
  141         3. View or copy an autopsy report of a person whose manner
  142  of death was determined by a medical examiner to have been by
  143  suicide.
  144  
  145  Unless otherwise required in the performance of official duties,
  146  the identity of the deceased shall remain confidential and
  147  exempt.
  148         (c) The custodian of the record, or his or her designee,
  149  may not permit any other person, except an agent designated in
  150  writing by the deceased’s surviving relative with whom authority
  151  rests to obtain such records, to view or copy an autopsy report
  152  of a person whose manner of death was determined by a medical
  153  examiner to have been by suicide, an autopsy report of a minor
  154  whose death was related to an act of domestic violence, or a
  155  photograph or video recording of an autopsy or listen to or copy
  156  an audio recording of an autopsy without a court order.
  157         (4)(a) The court, upon a showing of good cause, may issue
  158  an order authorizing any person to view or copy an autopsy
  159  report of a person whose manner of death was determined by a
  160  medical examiner to have been by suicide, an autopsy report of a
  161  minor whose death was related to an act of domestic violence, or
  162  a photograph or video recording of an autopsy or to listen to or
  163  copy an audio recording of an autopsy and may prescribe any
  164  restrictions or stipulations that the court deems appropriate.
  165         (b) In determining good cause, the court shall consider
  166  whether such disclosure is necessary for the public evaluation
  167  of governmental performance; the seriousness of the intrusion
  168  into the family’s right to privacy and whether such disclosure
  169  is the least intrusive means available; and the availability of
  170  similar information in other public records, regardless of form.
  171         (c) In all cases, the viewing, copying, listening to, or
  172  other handling of an autopsy report of a person whose manner of
  173  death was determined by a medical examiner to have been by
  174  suicide, an autopsy report of a minor whose death was related to
  175  an act of domestic violence, or a photograph or video or audio
  176  recording of an autopsy must be under the direct supervision of
  177  the custodian of the record or his or her designee.
  178         (5)(a) A surviving spouse must be given reasonable notice
  179  of a petition filed with the court to view or copy a photograph
  180  or video recording of an autopsy or a petition to listen to or
  181  copy an audio recording, a copy of such petition, and reasonable
  182  notice of the opportunity to be present and heard at any hearing
  183  on the matter. If there is no surviving spouse, then such notice
  184  must be given to the parents of the deceased, and if there is no
  185  living parent, then to the adult children of the deceased.
  186         (b) For an autopsy report of a minor whose death was
  187  related to an act of domestic violence, any surviving parent who
  188  did not commit the act of domestic violence which led to the
  189  minor’s death must be given reasonable notice of a petition
  190  filed with the court to view or copy the autopsy report, a copy
  191  of such petition, and reasonable notice of the opportunity to be
  192  present and heard at any hearing on the matter.
  193         (c) A surviving spouse must be given reasonable notice of a
  194  petition filed with the court to view or copy an autopsy report
  195  of a person whose manner of death was by suicide, a copy of such
  196  petition, and reasonable notice of the opportunity to be present
  197  and heard at any hearing on the matter. If there is no surviving
  198  spouse, then such notice must be given to the parents of the
  199  deceased, and if there is no living parent, then to the adult
  200  children and siblings of the deceased.
  201  
  202  ================= T I T L E  A M E N D M E N T ================
  203  And the title is amended as follows:
  204         Delete lines 11 - 21
  205  and insert:
  206         her designee; providing notice requirements; providing
  207         criminal penalties; providing construction; providing
  208         for retroactive application; providing for future
  209         legislative review and repeal of the exemption;
  210         providing a statement of public necessity; amending s.
  211         406.135, F.S.; creating an exemption from public
  212         records requirements for autopsy reports of suicide
  213         victims; providing exceptions; requiring that any
  214         viewing, copying, listening to, or other handling of
  215         such autopsy reports be under the direct supervision
  216         of the custodian of the record or his or her designee;
  217         providing notice requirements; providing criminal
  218         penalties;