Bill Text: FL S0404 | 2023 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public Records/Photograph or Video or Audio Recording of the Killing of a Minor/Autopsy Reports of Minors

Spectrum: Bipartisan Bill

Status: (Passed) 2023-05-12 - Chapter No. 2023-44 [S0404 Detail]

Download: Florida-2023-S0404-Introduced.html

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       Florida Senate - 2023                                     SB 404
       
       
        
       By Senator Perry
       
       
       
       
       
       9-00572A-23                                            2023404__
    1                        A bill to be entitled                      
    2         An act relating to public records; providing a short
    3         title; amending s. 406.135, F.S.; revising the
    4         definition of the term “medical examiner”; defining
    5         the term “minor”; creating an exemption from public
    6         records requirements for autopsy reports of minors
    7         whose deaths were related to acts of domestic
    8         violence; providing exceptions; requiring that any
    9         viewing, copying, or other handling of such autopsy
   10         reports be under the direct supervision of the
   11         custodian of the record or his or her designee;
   12         requiring that certain surviving parents of a minor
   13         whose death was related to an act of domestic violence
   14         be given notice of petitions to view or copy the
   15         minor’s autopsy report and the opportunity to be
   16         present and heard at related hearings under certain
   17         circumstances; providing penalties; providing
   18         construction; providing for retroactive application;
   19         providing for future legislative review and repeal of
   20         the exemption; providing a statement of public
   21         necessity; providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. This act may be cited as the “Rex and Brody
   26  Act.”
   27         Section 2. Section 406.135, Florida Statutes, is amended to
   28  read:
   29         406.135 Autopsies; confidentiality of photographs and video
   30  and audio recordings; confidentiality of reports of minor
   31  victims of domestic violence; exemption.—
   32         (1) As used in For the purpose of this section, the term:
   33         (a) “Medical examiner” means any district medical examiner,
   34  associate medical examiner, or substitute medical examiner
   35  acting pursuant to this chapter, as well as any employee,
   36  deputy, or agent of a medical examiner or any other person who
   37  may obtain possession of a report, photograph, or audio or video
   38  recording of an autopsy in the course of assisting a medical
   39  examiner in the performance of his or her official duties.
   40         (b) “Minor” means a person younger than 18 years of age who
   41  has not had the disability of nonage removed pursuant to s.
   42  743.01 or s. 743.015.
   43         (2)(a) A photograph or video or audio recording of an
   44  autopsy held by a medical examiner is confidential and exempt
   45  from s. 119.07(1) and s. 24(a), Art. I of the State
   46  Constitution, except that a surviving spouse may view and copy a
   47  photograph or video recording or listen to or copy an audio
   48  recording of the deceased spouse’s autopsy. If there is no
   49  surviving spouse, then the surviving parents shall have access
   50  to such records. If there is no surviving spouse or parent, then
   51  an adult child shall have access to such records.
   52         (b) An autopsy report of a minor whose death was related to
   53  an act of domestic violence as defined in s. 741.28 held by a
   54  medical examiner is confidential and exempt from s. 119.07(1)
   55  and s. 24(a), Art. I of the State Constitution, except that a
   56  surviving parent of the deceased minor may view and copy the
   57  report if the surviving parent did not commit the act of
   58  domestic violence which led to the minor’s death.
   59         (3)(a) The deceased’s surviving relative, with whom
   60  authority rests to obtain such records, may designate in writing
   61  an agent to obtain such records.
   62         (b) A local governmental entity, or a state or federal
   63  agency, in furtherance of its official duties, pursuant to a
   64  written request, may view or copy a photograph or video
   65  recording of an autopsy or a minor’s autopsy report or may
   66  listen to or copy an audio recording of an autopsy, and unless
   67  otherwise required in the performance of official their duties,
   68  the identity of the deceased shall remain confidential and
   69  exempt.
   70         (c) The custodian of the record, or his or her designee,
   71  may not permit any other person, except an agent designated in
   72  writing by the deceased’s surviving relative with whom authority
   73  rests to obtain such records, to view or copy such photograph,
   74  or video recording, or minor’s autopsy report or listen to or
   75  copy an audio recording without a court order.
   76         (4)(a) The court, upon a showing of good cause, may issue
   77  an order authorizing any person to view or copy a photograph or
   78  video recording of an autopsy or a minor’s autopsy report or to
   79  listen to or copy an audio recording of an autopsy and may
   80  prescribe any restrictions or stipulations that the court deems
   81  appropriate.
   82         (b) In determining good cause, the court shall consider
   83  whether such disclosure is necessary for the public evaluation
   84  of governmental performance; the seriousness of the intrusion
   85  into the family’s right to privacy and whether such disclosure
   86  is the least intrusive means available; and the availability of
   87  similar information in other public records, regardless of form.
   88         (c) In all cases, the viewing, copying, listening to, or
   89  other handling of a photograph or video or audio recording of an
   90  autopsy or a minor’s autopsy report must be under the direct
   91  supervision of the custodian of the record or his or her
   92  designee.
   93         (5)(a) A surviving spouse must shall be given reasonable
   94  notice of a petition filed with the court to view or copy a
   95  photograph or video recording of an autopsy or a petition to
   96  listen to or copy an audio recording, a copy of such petition,
   97  and reasonable notice of the opportunity to be present and heard
   98  at any hearing on the matter. If there is no surviving spouse,
   99  then such notice must be given to the parents of the deceased,
  100  and if there is the deceased has no living parent, then to the
  101  adult children of the deceased.
  102         (b) For an autopsy report of a minor whose death was
  103  related to an act of domestic violence as defined in s. 741.28,
  104  any surviving parent who did not commit the act of domestic
  105  violence which led to the minor’s death must be given reasonable
  106  notice of a petition filed with the court to view or copy the
  107  report, a copy of such petition, and reasonable notice of the
  108  opportunity to be present and heard at any hearing on the
  109  matter.
  110         (6)(a) Any custodian of a photograph or video or audio
  111  recording of an autopsy or a minor’s autopsy report who
  112  willfully and knowingly violates this section commits a felony
  113  of the third degree, punishable as provided in s. 775.082, s.
  114  775.083, or s. 775.084.
  115         (b) Any person who willfully and knowingly violates a court
  116  order issued pursuant to this section commits a felony of the
  117  third degree, punishable as provided in s. 775.082, s. 775.083,
  118  or s. 775.084.
  119         (7) A criminal or administrative proceeding is exempt from
  120  this section, but unless otherwise exempted, is subject to all
  121  other provisions of chapter 119 unless otherwise exempted.,
  122  provided however that This section does not prohibit a court in
  123  a criminal or administrative proceeding upon good cause shown
  124  from restricting or otherwise controlling the disclosure of an
  125  autopsy, crime scene, or similar report, photograph, or video or
  126  audio recording recordings in the manner prescribed herein.
  127         (8) The exemptions in this section This exemption shall be
  128  given retroactive application.
  129         (9) This section is subject to the Open Government Sunset
  130  Review Act in accordance with s. 119.15 and shall stand repealed
  131  on October 2, 2028, unless reviewed and saved from repeal
  132  through reenactment by the Legislature.
  133         Section 3. The Legislature finds that it is a public
  134  necessity that autopsy reports of minors whose deaths were
  135  related to acts of domestic violence be made confidential and
  136  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
  137  Article I of the State Constitution. The Legislature finds that
  138  autopsy reports describe the deceased in a graphic and often
  139  disturbing fashion and that autopsy reports of minors whose
  140  deaths were related to acts of domestic violence may describe
  141  the deceased nude, bruised, bloodied, broken, with bullet or
  142  other wounds, cut open, dismembered, or decapitated. As such,
  143  these reports often contain highly sensitive descriptions of the
  144  deceased which, if heard, viewed, copied, or publicized, could
  145  result in trauma, sorrow, humiliation, or emotional injury to
  146  the immediate family and minor friends of the deceased, as well
  147  as injury to the memory of the deceased. The Legislature
  148  recognizes that the existence of the Internet and the
  149  proliferation of websites throughout the world encourages and
  150  promotes the wide dissemination of reports and publications 24
  151  hours a day, and that widespread unauthorized dissemination of
  152  autopsy reports of minors whose deaths were related to acts of
  153  domestic violence would subject the immediate family and minor
  154  friends of the deceased to continuous injury. The Legislature
  155  further finds that the exemption provided in this act should be
  156  given retroactive application because it is remedial in nature.
  157         Section 4. This act shall take effect upon becoming a law.