Senate Bill sb1052

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 1052

    By the Committee on Criminal Justice





    591-526-06

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act; amending s.

  4         406.135, F.S., relating to an exemption from

  5         public-records requirements provided for any

  6         photograph or video or audio recording of an

  7         autopsy; saving the exemption from repeal under

  8         the Open Government Sunset Review Act; deleting

  9         provisions providing for the repeal of the

10         exemption; providing an effective date.

11  

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

13  

14         Section 1.  Section 406.135, Florida Statutes, is

15  amended to read:

16         406.135  Autopsies; confidentiality of photographs and

17  video and audio recordings; exemption.--

18         (1)  A photograph or video or audio recording of an

19  autopsy in the custody of a medical examiner is confidential

20  and exempt from the requirements of s. 119.07(1) and s. 24(a),

21  Art. I of the State Constitution, except that a surviving

22  spouse may view and copy a photograph or video or listen to or

23  copy an audio recording of the deceased spouse's autopsy. If

24  there is no surviving spouse, then the surviving parents shall

25  have access to such records. If there is no surviving spouse

26  or parent, then an adult child shall have access to such

27  records. However, the deceased's surviving relative, with whom

28  authority rests to obtain such records, may designate in

29  writing an agent to obtain such records. A local governmental

30  entity, or a state or federal agency, in furtherance of its

31  official duties, pursuant to a written request, may view or

                                  1

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






    Florida Senate - 2006                                  SB 1052
    591-526-06




 1  copy a photograph or video or may listen to or copy an audio

 2  recording of an autopsy, and unless otherwise required in the

 3  performance of their duties, the identity of the deceased

 4  shall remain confidential and exempt. The custodian of the

 5  record, or his or her designee, may not permit any other

 6  person, except an agent designated in writing by the

 7  deceased's surviving relative with whom authority rests to

 8  obtain such records, to view or copy such photograph or video

 9  recording or listen to or copy an audio recording without a

10  court order. For the purposes of this section, the term

11  "medical examiner" means any district medical examiner,

12  associate medical examiner, or substitute medical examiner

13  acting pursuant to this chapter, as well as any employee,

14  deputy, or agent of a medical examiner or any other person who

15  may obtain possession of a photograph or audio or video

16  recording of an autopsy in the course of assisting a medical

17  examiner in the performance of his or her official duties.

18         (2)(a)  The court, upon a showing of good cause, may

19  issue an order authorizing any person to view or copy a

20  photograph or video recording of an autopsy or to listen to or

21  copy an audio recording of an autopsy and may prescribe any

22  restrictions or stipulations that the court deems appropriate.

23  In determining good cause, the court shall consider whether

24  such disclosure is necessary for the public evaluation of

25  governmental performance; the seriousness of the intrusion

26  into the family's right to privacy and whether such disclosure

27  is the least intrusive means available; and the availability

28  of similar information in other public records, regardless of

29  form. In all cases, the viewing, copying, listening to or

30  other handling of a photograph or video or audio recording of

31  

                                  2

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






    Florida Senate - 2006                                  SB 1052
    591-526-06




 1  an autopsy must be under the direct supervision of the

 2  custodian of the record or his or her designee.

 3         (b)  A surviving spouse shall be given reasonable

 4  notice of a petition filed with the court to view or copy a

 5  photograph or video recording of an autopsy or a petition to

 6  listen to or copy an audio recording, a copy of such petition,

 7  and reasonable notice of the opportunity to be present and

 8  heard at any hearing on the matter. If there is no surviving

 9  spouse, then such notice must be given to the deceased's

10  parents, and if the deceased has no living parent, then to the

11  adult children of the deceased.

12         (3)(a)  Any custodian of a photograph or video or audio

13  recording of an autopsy who willfully and knowingly violates

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

15  as provided in s. 775.082, s. 775.083, or s. 775.084.

16         (b)  Any person who willfully and knowingly violates a

17  court order issued pursuant to this section commits a felony

18  of the third degree, punishable as provided in s. 775.082, s.

19  775.083, or s. 775.084.

20         (c)  A criminal or administrative proceeding is exempt

21  from this section, but unless otherwise exempted, is subject

22  to all other provisions of chapter 119, provided however that

23  this section does not prohibit a court in a criminal or

24  administrative proceeding upon good cause shown from

25  restricting or otherwise controlling the disclosure of an

26  autopsy, crime scene, or similar photograph or video or audio

27  recordings in the manner prescribed herein.

28         (4)  This exemption shall be given retroactive

29  application.

30         (5)  The exemption in this section is subject to the

31  Open Government Sunset Review Act of 1995 in accordance with

                                  3

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






    Florida Senate - 2006                                  SB 1052
    591-526-06




 1  s. 119.15, and shall stand repealed on October 2, 2006, unless

 2  reviewed and saved from repeal through reenactment by the

 3  Legislature.

 4         Section 2.  This act shall take effect October 1, 2006.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Removes the repeal under the Open Government Sunset
      Review Act of an exemption from public-records
 9    requirements provided for photographs and video and audio
      recordings of autopsies.
10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

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