HB 1579 2003
   
1 A bill to be entitled
2          An act relating to autopsies; amending s. 406.135, F.S.;
3    providing for survivors of deceased persons to designate
4    agents to view or obtain autopsy records from medical
5    examiners; providing an effective date.
6         
7          Be It Enacted by the Legislature of the State of Florida:
8         
9          Section 1. Subsection (1) of section 406.135, Florida
10    Statutes, is amended to read:
11          406.135 Autopsies; confidentiality of photographs and
12    video and audio recordings; exemption.--
13          (1) A photograph or video or audio recording of an autopsy
14    in the custody of a medical examiner is confidential and exempt
15    from the requirements of s. 119.07(1) and s. 24(a), Art. I of
16    the State Constitution, except that a surviving spouse may view
17    and copy a photograph or video or listen to or copy an audio
18    recording of the deceased spouse's autopsy. If there is no
19    surviving spouse, then the surviving parents shall have access
20    to such records. If there is no surviving spouse or parent, then
21    an adult child shall have access to such records. However, any
22    survivor may designate an agent to obtain such records.A local
23    governmental entity, or a state or federal agency, in
24    furtherance of its official duties, pursuant to a written
25    request, may view or copy a photograph or video or may listen to
26    or copy an audio recording of an autopsy, and unless otherwise
27    required in the performance of their duties, the identity of the
28    deceased shall remain confidential and exempt. The custodian of
29    the record, or his or her designee, may not permit any other
30    person, except an agent designated in writing by a survivor,to
31    view or copy such photograph or video recording or listen to or
32    copy an audio recording without a court order. For the purposes
33    of this section, the term "medical examiner" means any district
34    medical examiner, associate medical examiner, or substitute
35    medical examiner acting pursuant to this chapter, as well as any
36    employee, deputy, or agent of a medical examiner or any other
37    person who may obtain possession of a photograph or audio or
38    video recording of an autopsy in the course of assisting a
39    medical examiner in the performance of his or her official
40    duties.
41          Section 2. This act shall take effect July 1, 2003.