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A bill to be entitled |
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An act relating to autopsies; amending s. 406.135, F.S.; |
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providing for survivors of deceased persons to designate |
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agents to view or obtain autopsy records from medical |
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examiners; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Subsection (1) of section 406.135, Florida |
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Statutes, is amended to read: |
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406.135 Autopsies; confidentiality of photographs and |
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video and audio recordings; exemption.-- |
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(1) A photograph or video or audio recording of an autopsy |
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in the custody of a medical examiner is confidential and exempt |
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from the requirements of s. 119.07(1) and s. 24(a), Art. I of |
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the State Constitution, except that a surviving spouse may view |
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and copy a photograph or video or listen to or copy an audio |
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recording of the deceased spouse's autopsy. If there is no |
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surviving spouse, then the surviving parents shall have access |
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to such records. If there is no surviving spouse or parent, then |
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an adult child shall have access to such records. However, any |
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survivor may designate an agent to obtain such records.A local |
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governmental entity, or a state or federal agency, in |
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furtherance of its official duties, pursuant to a written |
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request, may view or copy a photograph or video or may listen to |
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or copy an audio recording of an autopsy, and unless otherwise |
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required in the performance of their duties, the identity of the |
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deceased shall remain confidential and exempt. The custodian of |
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the record, or his or her designee, may not permit any other |
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person, except an agent designated in writing by a survivor,to |
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view or copy such photograph or video recording or listen to or |
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copy an audio recording without a court order. For the purposes |
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of this section, the term "medical examiner" means any district |
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medical examiner, associate medical examiner, or substitute |
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medical examiner acting pursuant to this chapter, as well as any |
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employee, deputy, or agent of a medical examiner or any other |
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person who may obtain possession of a photograph or audio or |
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video recording of an autopsy in the course of assisting a |
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medical examiner in the performance of his or her official |
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duties. |
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Section 2. This act shall take effect July 1, 2003. |