House Bill hb1083

    Florida House of Representatives - 2001                HB 1083

        By Representatives Johnson, Miller, Lynn, Bean, Mayfield,
    Baker, Murman, Berfield, Allen, Cantens, Stansel and Farkas





  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from the public records law for

  4         photographs and video recordings of an autopsy;

  5         providing for access by a state or federal

  6         agency as provided by law and in furtherance of

  7         the agency's statutory duties; providing a

  8         penalty; providing for future legislative

  9         review and repeal; providing a finding of

10         public necessity; providing an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  (1)  A photograph or video recording of an

15  autopsy is confidential and exempt from the requirements of s.

16  119.07(1), Florida Statutes, and Section 24(a) of Article I of

17  the State Constitution. Notwithstanding this section, the

18  custodian of a photograph or video recording of an autopsy

19  shall grant a state or federal agency access to the photograph

20  or video recording as provided by law and in furtherance of

21  the agency's statutory duties.

22         (2)  Any person who violates this section commits a

23  felony of the third degree, punishable as provided in s.

24  775.082, s. 775.083, or s. 775.084, Florida Statutes.

25         (3)  This section is subject to the Open Government

26  Sunset Review Act of 1995 in accordance with s. 119.15,

27  Florida Statutes, and shall stand repealed on October 2, 2006,

28  unless reviewed and saved from repeal through reenactment by

29  the Legislature.

30         Section 2.  The Legislature finds that photographs or

31  video recordings of an autopsy show the deceased in graphic

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






    Florida House of Representatives - 2001                HB 1083

    717-125-01






  1  and often disturbing fashion. Such photographs or video

  2  recordings may depict the deceased nude, bruised, bloodied,

  3  broken, with bullet or other wounds, cut open, dismembered, or

  4  decapitated. As such, photographs or video recordings of an

  5  autopsy are highly sensitive depictions of the deceased which,

  6  if copied and publicized, could result in trauma, sorrow,

  7  humiliation, or emotional injury to the immediate family of

  8  the deceased, as well as injury to the memory of the deceased.

  9  The Legislature notes that the existence of the World Wide Web

10  and the proliferation of personal computers throughout the

11  world encourages and promotes the wide dissemination of

12  photographs and video recordings 24 hours a day and that

13  widespread dissemination of autopsy photographs and video

14  recordings would subject the immediate family of the deceased

15  to continuous injury. The Legislature further notes that there

16  continues to be other types of available information, such as

17  the autopsy report, which are less intrusive and injurious to

18  the immediate family members of the deceased but which

19  continue to provide for public oversight. Given the likelihood

20  of injury to immediate family members by the dissemination of

21  autopsy photographs and video recordings and the availability

22  of less intrusive means of providing public oversight, the

23  Legislature finds that it is a public necessity that

24  photographs or video recordings of an autopsy be made

25  confidential and exempt from s. 119.07(1), Florida Statutes,

26  and Section 24(a) of Article I of the State Constitution.

27         Section 3.  This act shall take effect upon becoming a

28  law.

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    Florida House of Representatives - 2001                HB 1083

    717-125-01






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  2                          SENATE SUMMARY

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      Provides that photographs and video recordings of an
  4    autopsy are exempt from the public records law. Provides
      for access to a photograph or video recording by a state
  5    or federal agency as provided by law. Provides that a
      violation of the act is a third degree felony. Provides
  6    for future legislative review and repeal.

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