Bill Text: FL H0411 | 2011 | Regular Session | Comm Sub

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Bill Title: Pub. Rec./Photos and Recordings/Killing of Person

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Engrossed - Dead) 2011-05-02 - Ordered enrolled -HJ 1163 [H0411 Detail]

Download: Florida-2011-H0411-Comm_Sub.html

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CS/HB 411

1	A bill to be entitled
2	An act relating to public records; providing a definition;
3	providing an exemption from public records requirements
4	for photographs and video and audio recordings that depict
5	or record the killing of a person; authorizing access to
6	such photographs or video or audio recordings by specified
7	members of the immediate family of the deceased subject of
8	the photographs or video or audio recordings; providing
9	for access to such records by local governmental entities
10	or state or federal agencies in furtherance of official
11	duties; providing for access pursuant to court order;
12	providing guidelines of the court in issuing an order
13	authorizing such photographs or video or audio recordings
14	to be viewed, copied, or heard; requiring specified notice
15	of a court petition to view or copy such records;
16	providing penalties; exempting criminal or administrative
17	proceedings from the act; providing for retroactive
18	application; providing for future legislative review and
19	repeal of the exemption; providing a finding of public
20	necessity; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  (1)  As used in this section, the term "killing
25	of a person" means all acts or events that cause or otherwise
26	relate to the death of any human being, including any related
27	acts or events immediately preceding or subsequent to the acts
28	or events that were the proximate cause of death.
29	(2)  A photograph or video or audio recording that depicts
30	or records the killing of a person is confidential and exempt
31	from section 119.07(1), Florida Statutes, and Section 24(a),
32	Article I of the State Constitution, except that a surviving
33	spouse of the decedent may view and copy any such photograph or
34	video recording or listen to or copy any such audio recording.
35	If there is no surviving spouse, then the surviving parents
36	shall have access to such records. If there is no surviving
37	spouse or parent, then an adult child shall have access to such
38	records.
39	(3)(a)  The deceased's surviving relative, with whom
40	authority rests to obtain such records, may designate in writing
41	an agent to obtain such records.
42	(b)  A local governmental entity, or a state or federal
43	agency, in furtherance of its official duties, pursuant to a
44	written request, may view or copy a photograph or video
45	recording or may listen to or copy an audio recording of the
46	killing of a person and, unless otherwise required in the
47	performance of their duties, the identity of the deceased shall
48	remain confidential and exempt.
49	(c)  The custodian of the record, or his or her designee,
50	may not permit any other person to view or copy such photograph
51	or video recording or listen to or copy such audio recording
52	without a court order.
53	(4)(a)  The court, upon a showing of good cause, may issue
54	an order authorizing any person to view or copy a photograph or
55	video recording that depicts or records the killing of a person
56	or to listen to or copy an audio recording that depicts or
57	records the killing of a person and may prescribe any
58	restrictions or stipulations that the court deems appropriate.
59	(b)  In determining good cause, the court shall consider:
60	1.  Whether such disclosure is necessary for the public
61	evaluation of governmental performance;
62	2.  The seriousness of the intrusion into the family's
63	right to privacy and whether such disclosure is the least
64	intrusive means available; and
65	3.  The availability of similar information in other public
66	records, regardless of form.
67	(c)  In all cases, the viewing, copying, listening to, or
68	other handling of a photograph or video or audio recording that
69	depicts or records the killing of a person must be under the
70	direct supervision of the custodian of the record or his or her
71	designee.
72	(5)  A surviving spouse shall be given reasonable notice of
73	a petition filed with the court to view or copy a photograph or
74	video recording that depicts or records the killing of a person
75	or to listen to or copy any such audio recording, a copy of such
76	petition, and reasonable notice of the opportunity to be present
77	and heard at any hearing on the matter. If there is no surviving
78	spouse, then such notice must be given to the parents of the
79	deceased and, if the deceased has no living parent, then to the
80	adult children of the deceased.
81	(6)(a)  Any custodian of a photograph or video or audio
82	recording that depicts or records the killing of a person who
83	willfully and knowingly violates this section commits a felony
84	of the third degree, punishable as provided in section 775.082,
85	section 775.083, or section 775.084, Florida Statutes.
86	(b)  Any person who willfully and knowingly violates a
87	court order issued pursuant to this section commits a felony of
88	the third degree, punishable as provided in section 775.082,
89	section 775.083, or section 775.084, Florida Statutes.
90	(c)  A criminal or administrative proceeding is exempt from
91	this section but, unless otherwise exempted, is subject to all
92	other provisions of chapter 119, Florida Statutes, provided
93	however that this section does not prohibit a court in a
94	criminal or administrative proceeding upon good cause shown from
95	restricting or otherwise controlling the disclosure of a
96	killing, crime scene, or similar photograph or video or audio
97	recordings in the manner prescribed herein.
98	(7)  This exemption shall be given retroactive application
99	and shall apply to all photographs or video or audio recordings
100	that depict or record the killing of a person, regardless of
101	whether the killing of the person occurred before, on, or after
102	July 1, 2011. However, nothing herein is intended to, nor may be
103	construed to, overturn or abrogate or alter any existing orders
104	duly entered into by any court of this state, as of the
105	effective date of this act, which restrict or limit access to
106	any photographs or video or audio recordings that depict or
107	record the killing of a person.
108	(8)  This section only applies to such photographs and
109	video and audio recordings held by an agency as defined in
110	section 119.011, Florida Statutes.
111	(9)  This section is subject to the Open Government Sunset
112	Review Act in accordance with section 119.15, Florida Statutes,
113	and shall stand repealed on October 2, 2016, unless reviewed and
114	saved from repeal through reenactment by the Legislature.
115	Section 2.  The Legislature finds that is a public
116	necessity that photographs and video and audio recordings that
117	depict or record the killing of any person be made confidential
118	and exempt from the requirements of section 119.07(1), Florida
119	Statutes, and Section 24(a) of Article I of the State
120	Constitution. The Legislature finds that photographs or video or
121	audio recordings that depict or record the killing of any person
122	render a visual or aural representation of the deceased in
123	graphic and often disturbing fashion. Such photographs or video
124	or audio recordings provide a view of the deceased in the final
125	moments of life, often bruised, bloodied, broken, with bullet
126	wounds or other wounds, cut open, dismembered, or decapitated.
127	As such, photographs or video or audio recordings that depict or
128	record the killing of any person are highly sensitive
129	representations of the deceased which, if heard, viewed, copied
130	or publicized, could result in trauma, sorrow, humiliation, or
131	emotional injury to the immediate family of the deceased, as
132	well as injury to the memory of the deceased. The Legislature
133	recognizes that the existence of the World Wide Web and the
134	proliferation of personal computers throughout the world
135	encourages and promotes the wide dissemination of such
136	photographs and video and audio recordings 24 hours a day and
137	that widespread unauthorized dissemination of photographs and
138	video and audio recordings would subject the immediate family of
139	the deceased to continuous injury. The Legislature further
140	recognizes that there continue to be other types of available
141	information, such as crime scene reports, which are less
142	intrusive and injurious to the immediate family members of the
143	deceased and which continue to provide for public oversight. The
144	Legislature further finds that the exemption provided in this
145	act should be given retroactive application, except as otherwise
146	provided, because it is remedial in nature.
147	Section 3.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.