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



                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1083

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                .
                                   .
  2                                .
                                   .
  3                                .
                                   .
  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  The Committee on State Administration offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  (1)  All photographs or video recordings of

18  an autopsy in the possession of a district medical examiner

19  pursuant to chapter 406 are confidential and exempt from the

20  provisions of s. 119.07(1), and s. 24(a), Article I of the

21  State Constitution, except as otherwise provided herein.

22  Photographs and video recordings of an autopsy made

23  confidential and exempt by this section shall be disclosed for

24  viewing or copying:

25         (a)  Pursuant to a written waiver by the surviving

26  spouse.  If there is no surviving spouse, then pursuant to a

27  written waiver by a surviving parent; and, if there is no

28  surviving spouse or parent, then pursuant to written waiver by

29  an adult child of the deceased; or

30         (b)  Pursuant to a written request by a local

31  government, state agency, or federal agency, in the

                                  1

    File original & 9 copies    03/15/01
    hsa0005                     02:47 pm         01083-sa  -874155




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1083

    Amendment No. ___ (for drafter's use only)





  1  furtherance of its official duties; and, unless otherwise

  2  required in the performance of their duties, the identity of

  3  the deceased shall remain confidential and exempt.

  4         (2)  Any person may petition the court for an order to

  5  make the photographs and video recordings available for

  6  inspection.  Pursuant to such a public records petition, and

  7  the petitioner's showing of good cause, the court may

  8  authorize inspection pursuant to the terms and conditions

  9  which it deems appropriate, but shall not authorize copying;

10  provided that the surviving spouse is given reasonable notice

11  of the petition, and a copy of the petition, and reasonable

12  notice of the opportunity to be present and heard at any

13  hearing on the matter. If there is no surviving spouse, then

14  such notice must be given to the deceased's parents, and if

15  the deceased has no living parents, then to the adult children

16  of the deceased.

17         In determining good cause the court shall consider:

18         a)  The necessity of the viewing in determining

19  governmental accountability;

20         b)  The ramifications of the viewing with respect to

21  the family's right to privacy; and

22         c)  The availability of similar information in other

23  forms.

24         (3)  The viewing or copying of an autopsy photograph or

25  video recording pursuant to this section shall be under the

26  direct supervision of the custodian of the record or his or

27  her designee.

28         (4)  The district medical examiner or associate medical

29  examiner, in his or her official capacity, may use the

30  photographs or video recordings for the purposes of seeking

31  another expert medical opinion, for providing professional

                                  2

    File original & 9 copies    03/15/01
    hsa0005                     02:47 pm         01083-sa  -874155




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1083

    Amendment No. ___ (for drafter's use only)





  1  training, for case-related medical or scientific research

  2  purposes, or for other purposes solely related to the

  3  accomplishment of the district or associate medical examiner's

  4  duties and responsibilities. However, the identity of the

  5  deceased shall remain confidential and exempt, unless a waiver

  6  has been obtained as provided for in subsection (1)(a).

  7         (5)  Any person who willfully or knowingly violates

  8  this section commits a felony of the third degree, punishable

  9  as provided in ss. 775.082, 775.083, or 775.084.

10         (6)  This exemption shall be given retroactive

11  application.  This section is subject to the Open Government

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

13  shall stand repealed on October 2, 2006, unless reviewed and

14  saved from repeal through reenactment by the Legislature.

15         Section 2.  The Legislature finds that it is a public

16  necessity that photographs or video recordings of an autopsy

17  be made confidential and exempt.  Photographs or video

18  recordings of an autopsy are highly sensitive, graphic

19  depictions of the deceased, which, if viewed, copied, or

20  publicized, could result in trauma, sorrow, humiliation, or

21  emotional injury to the immediate family of the deceased, and

22  is an invasion of that family's privacy, as well as injurious

23  to the memories of the deceased. Furthermore, the Legislature

24  finds that the existence of the World Wide Web and the

25  proliferation of personal computers throughout the world

26  encourages and promotes the worldwide dissemination of

27  photographs and video recordings 24 hours a day, and that

28  widespread dissemination of autopsy photographs and video

29  recordings would subject the immediate family of the deceased

30  to continuous injury.  The Legislature further finds that

31  there are other types of available information, such as the

                                  3

    File original & 9 copies    03/15/01
    hsa0005                     02:47 pm         01083-sa  -874155




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1083

    Amendment No. ___ (for drafter's use only)





  1  autopsy report, which is less intrusive and injurious to the

  2  immediate family member of the deceased but which continues to

  3  provide for public oversight.  Furthermore, the Legislature

  4  finds that it is a public necessity that the exemption

  5  provided in this act be given retroactive application because

  6  it is remedial in nature and it furthers the public policy

  7  embodied in s. 382.008, that all information on the death

  8  certificate relating to the cause of death is confidential.

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

10  law and shall apply to all autopsy photographs and video

11  recordings in the custody of a district medical examiner,

12  whether made before or after the effective date of this act.

13

14

15  ================ T I T L E   A M E N D M E N T ===============

16  And the title is amended as follows:

17         On page 1, lines 3 through 7,

18  remove from the title of the bill:  all of said lines

19

20  and insert in lieu thereof:

21         exemption from public records requirements for

22         photographs and video recordings of an autopsy;

23         providing exceptions; providing a

24

25

26

27

28

29

30

31

                                  4

    File original & 9 copies    03/15/01
    hsa0005                     02:47 pm         01083-sa  -874155