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| 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. | ||