HOUSE AMENDMENT
Bill No. HB 1083 Barcode 425227
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Gelber and McGriff offered the following:
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13 Amendment to Substitute Amendment (822831) (with title
14 amendment)
15 On page 1, line 18 through page 4, line 31,
16 remove from the substitute amendment: all of said lines
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18 and insert in lieu thereof:
19 Section 1. (1) All photographs, audio recordings, or
20 video recordings of an autopsy in the possession of a district
21 medical examiner pursuant to chapter 406 are confidential and
22 exempt from the provisions of s. 119.07(1), and s. 24(a),
23 Article I of the State Constitution, except as otherwise
24 provided herein. Photographs, audio recordings, and video
25 recordings of an autopsy made confidential and exempt by this
26 section shall be disclosed for viewing or listening in all
27 cases, but may only be copied:
28 (a) Pursuant to a written waiver by the surviving
29 spouse. If there is no surviving spouse, then pursuant to a
30 written waiver by a surviving parent; and, if there is no
31 surviving spouse or parent, then pursuant to written waiver by
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HOUSE AMENDMENT
Bill No. HB 1083 Barcode 425227
Amendment No. ___ (for drafter's use only)
1 an adult child of the deceased; or
2 (b) Pursuant to a written request by a local
3 government, state agency, or federal agency, in the
4 furtherance of its official duties; and, unless otherwise
5 required in the performance of their duties, the identity of
6 the deceased shall remain confidential and exempt.
7 (2) Any person may petition the court for an order to
8 make the photographs, audio recordings, and video recordings
9 available for copying. Pursuant to such a public records
10 petition, and the petitioner's showing of good cause, the
11 court may authorize copying pursuant to the terms and
12 conditions which it deems appropriate; provided that the
13 surviving spouse is given reasonable notice of the petition,
14 and a copy of the petition, and reasonable notice of the
15 opportunity to be present and heard at any hearing on the
16 matter. If there is no surviving spouse, then such notice must
17 be given to the deceased's parents, and if the deceased has no
18 living parents, then to the adult children of the deceased.
19 In determining good cause the court shall consider:
20 a) The necessity of the copying in determining
21 governmental accountability;
22 b) The ramifications of the copying with respect to
23 the family's right to privacy; and
24 c) The availability of similar information in other
25 forms.
26 (3) The viewing or copying of an autopsy photograph,
27 audio recording, or video recording pursuant to this section
28 shall be under the direct supervision of the custodian of the
29 record or his or her designee.
30 (4) The district medical examiner or associate medical
31 examiner, in his or her official capacity, may use the
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HOUSE AMENDMENT
Bill No. HB 1083 Barcode 425227
Amendment No. ___ (for drafter's use only)
1 photographs or video recordings for the purposes of seeking
2 another expert medical opinion, for providing professional
3 training, for case-related medical or scientific research
4 purposes, or for other purposes solely related to the
5 accomplishment of the district or associate medical examiner's
6 duties and responsibilities. However, the identity of the
7 deceased shall remain confidential and exempt, unless a waiver
8 has been obtained as provided for in subsection (1)(a).
9 (5) Any person who willfully or knowingly violates
10 this section commits a felony of the third degree, punishable
11 as provided in ss. 775.082, 775.083, or 775.084.
12 (6) This exemption shall be given retroactive
13 application. This section is subject to the Open Government
14 Sunset Review Act of 1995 in accordance with s. 119.15, and
15 shall stand repealed on October 2, 2006, unless reviewed and
16 saved from repeal through reenactment by the Legislature.
17 Section 2. The Legislature finds that it is a public
18 necessity that copies of photographs, audio recordings, or
19 video recordings of an autopsy be made confidential and
20 exempt. Photographs, audio recordings, or video recordings of
21 an autopsy are highly sensitive, graphic depictions of the
22 deceased, which, if copied, or publicized, could result in
23 trauma, sorrow, humiliation, or emotional injury to the
24 immediate family of the deceased, and is an invasion of that
25 family's privacy, as well as injurious to the memories of the
26 deceased. Furthermore, the Legislature finds that the
27 existence of the World Wide Web and the proliferation of
28 personal computers throughout the world encourages and
29 promotes the worldwide dissemination of photographs and video
30 recordings 24 hours a day, and that widespread dissemination
31 of autopsy photographs and video recordings would subject the
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HOUSE AMENDMENT
Bill No. HB 1083 Barcode 425227
Amendment No. ___ (for drafter's use only)
1 immediate family of the deceased to continuous injury. The
2 Legislature further finds that there are other types of
3 available information, such as the autopsy report, which is
4 less intrusive and injurious to the immediate family member of
5 the deceased but which continues to provide for public
6 oversight. Furthermore, the Legislature finds that it is a
7 public necessity that the exemption provided in this act be
8 given retroactive application because it is remedial in
9 nature.
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13 And the title is amended as follows:
14 On page 5, lines 13 through 31, of the amendment
15 remove from the title of the amendment: all of said lines
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17 and insert in lieu thereof:
18 An act relating to public records; providing an
19 exemption from the public records law for
20 copying photographs and video and audio
21 recordings of an autopsy; providing an
22 exemption for certain members of the immediate
23 family, or a representative thereof, or a state
24 or federal agency; providing for further
25 exceptions to the exemption; providing a
26 penalty; providing for future legislative
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