Bill Text: FL S0968 | 2017 | Regular Session | Introduced
Bill Title: Public Records/Killing of any Person
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2017-05-05 - Died in Criminal Justice [S0968 Detail]
Download: Florida-2017-S0968-Introduced.html
Florida Senate - 2017 SB 968
By Senator Bracy
11-00947-17 2017968__
1 A bill to be entitled
2 An act relating to public records; amending s.
3 406.136, F.S.; expanding a public records exemption
4 for photographs, videos, or audio recordings that
5 depict or record the killing of a law enforcement
6 officer to include the killing of any person;
7 redefining a term; expanding restrictions on the
8 viewing, copying, listening to, or other handling of a
9 photograph or video or audio recording that depicts
10 the killing of any person rather than only depicting
11 the killing of a law enforcement officer who was
12 acting in accordance with his or her official duties;
13 expanding a public records exemption to include
14 records depicting the killing of any person; providing
15 retroactive application of the exemption; providing a
16 statement of public necessity; providing for
17 retroactive application; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Section 406.136, Florida Statutes, is amended to
22 read:
23 406.136 A photograph or video or audio recording that
24 depicts or records the killing of a person law enforcement
25 officer who was acting in accordance with his or her official
26 duties.—
27 (1) As used in this section, the term “killing of a person
28 law enforcement officer who was acting in accordance with his or
29 her official duties” means all acts or events that cause or
30 otherwise relate to the death of a person law enforcement
31 officer who was acting in accordance with his or her official
32 duties, including any related acts or events immediately
33 preceding or subsequent to the acts or events that were the
34 proximate cause of death.
35 (2) A photograph or video or audio recording that depicts
36 or records the killing of a person law enforcement officer who
37 was acting in accordance with his or her official duties is
38 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
39 of the State Constitution, except that a surviving spouse of the
40 decedent may view and copy any such photograph or video
41 recording or listen to or copy any such audio recording. If
42 there is no surviving spouse, then the surviving parents shall
43 have access to such records. If there is no surviving spouse or
44 parent, then an adult child shall have access to such records.
45 (3)(a) The deceased’s surviving relative, with whom
46 authority rests to obtain such records, may designate in writing
47 an agent to obtain such records.
48 (b) An employee or agent of a local governmental entity, or
49 a state or federal agency, in furtherance of its official
50 duties, pursuant to a written request, may view or copy a
51 photograph or video recording or may listen to or copy an audio
52 recording of the killing of a person law enforcement officer who
53 was acting in accordance with his or her official duties and,
54 unless otherwise required in the performance of its their
55 duties, the identity of the deceased shall remain confidential
56 and exempt.
57 (c) The custodian of the record, or his or her designee,
58 may not permit any other person to view or copy such photograph
59 or video recording or listen to or copy such audio recording
60 without a court order.
61 (4)(a) The court, upon a showing of good cause, may issue
62 an order authorizing any person to view or copy a photograph or
63 video recording that depicts or records the killing of a person
64 law enforcement officer who was acting in accordance with his or
65 her official duties or to listen to or copy an audio recording
66 that depicts or records the killing of a person law enforcement
67 officer who was acting in accordance with his or her official
68 duties and may prescribe any restrictions or stipulations that
69 the court deems appropriate.
70 (b) In determining good cause, the court shall consider:
71 1. Whether such disclosure is necessary for the public
72 evaluation of governmental performance;
73 2. The seriousness of the intrusion into the family’s right
74 to privacy and whether such disclosure is the least intrusive
75 means available; and
76 3. The availability of similar information in other public
77 records, regardless of form.
78 (c) In all cases, the viewing, copying, listening to, or
79 other handling of a photograph or video or audio recording that
80 depicts or records the killing of a person law enforcement
81 officer who was acting in accordance with his or her official
82 duties must be under the direct supervision of the custodian of
83 the record or his or her designee.
84 (5) A surviving spouse shall be given reasonable notice of
85 a petition filed with the court to view or copy a photograph or
86 video recording that depicts or records the killing of a person
87 law enforcement officer who was acting in accordance with his or
88 her official duties or to listen to or copy any such audio
89 recording, a copy of such petition, and reasonable notice of the
90 opportunity to be present and heard at any hearing on the
91 matter. If there is no surviving spouse, then such notice must
92 be given to the parents of the deceased and, if the deceased has
93 no living parent, then to the adult children of the deceased.
94 (6)(a) Any custodian of a photograph or video or audio
95 recording that depicts or records the killing of a person law
96 enforcement officer who was acting in accordance with his or her
97 official duties who willfully and knowingly violates this
98 section commits a felony of the third degree, punishable as
99 provided in s. 775.082, s. 775.083, or s. 775.084.
100 (b) Any person who willfully and knowingly violates a court
101 order issued pursuant to this section commits a felony of the
102 third degree, punishable as provided in s. 775.082, s. 775.083,
103 or s. 775.084.
104 (c) A criminal or administrative proceeding is exempt from
105 this section but, unless otherwise exempted, is subject to all
106 other provisions of chapter 119, provided however that this
107 section does not prohibit a court in a criminal or
108 administrative proceeding upon good cause shown from restricting
109 or otherwise controlling the disclosure of a killing, crime
110 scene, or similar photograph or video or audio recordings in the
111 manner prescribed herein.
112 (7) This exemption shall be given retroactive application
113 and shall apply to all photographs or video or audio recordings
114 that depict or record the killing of a person law enforcement
115 officer who was acting in accordance with his or her official
116 duties, regardless of whether the killing of the person occurred
117 before, on, or after the effective date of the exemption July 1,
118 2011. However, nothing herein is intended to, nor may be
119 construed to, overturn or abrogate or alter any existing orders
120 duly entered into by any court of this state, as of the
121 effective date of this act, which restrict or limit access to
122 any photographs or video or audio recordings that depict or
123 record the killing of a person law enforcement officer who was
124 acting in accordance with his or her official duties.
125 (8) This section only applies to such photographs and video
126 and audio recordings held by an agency as defined in s. 119.011.
127 Section 2. The Legislature finds that is a public necessity
128 that photographs and video and audio recordings that depict or
129 record the killing of any person be made confidential and exempt
130 from the requirements of section 119.07(1), Florida Statutes,
131 and s. 24(a), Art. I of the State Constitution before, on, or
132 after the effective date of the exemption. The Legislature finds
133 that photographs or video or audio recordings that depict or
134 record the killing of any person render a visual or aural
135 representation of the deceased in graphic and often disturbing
136 fashion. Such photographs or video or audio recordings provide a
137 view of the deceased in the final moments of life, often
138 bruised, bloodied, broken, with bullet wounds or other wounds,
139 cut open, dismembered, or decapitated. As such, photographs or
140 video or audio recordings that depict or record the killing of
141 any person are highly sensitive representations of the deceased
142 which, if heard, viewed, copied or publicized, could result in
143 trauma, sorrow, humiliation, or emotional injury to the
144 immediate family of the deceased, as well as injury to the
145 memory of the deceased. The Legislature recognizes that the
146 existence of the Internet and the proliferation of cellular
147 phones throughout the world encourages and promotes the
148 wide dissemination of such photographs and video and audio
149 recordings 24 hours a day and that widespread unauthorized
150 dissemination of photographs and video and audio recordings
151 would subject the immediate family of the deceased to continuous
152 injury. The Legislature further recognizes that there continue
153 to be other types of available information, such as crime scene
154 reports, which are less intrusive and injurious to the immediate
155 family members of the deceased and which continue to provide for
156 public oversight. The Legislature further finds that the
157 exemption provided in this act should be given retroactive
158 application, except as otherwise provided, because it is
159 remedial in nature.
160 Section 3. This act shall take effect July 1, 2017.
