HB 7115

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act regarding autopsy photographs and video
4	and audio recordings; amending s. 406.135, F.S., which
5	provides an exemption from public records requirements for
6	photographs and video and audio recordings of an autopsy
7	in the custody of a medical examiner; reorganizing the
8	section and making editorial changes; removing the
9	scheduled repeal of the exemption; providing an effective
10	date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Section 406.135, Florida Statutes, is amended
15	to read:
16	406.135  Autopsies; confidentiality of photographs and
17	video and audio recordings; exemption.--
18	(1)  For the purpose of this section, the term "medical
19	examiner" means any district medical examiner, associate medical
20	examiner, or substitute medical examiner acting pursuant to this
21	chapter, as well as any employee, deputy, or agent of a medical
22	examiner or any other person who may obtain possession of a
23	photograph or audio or video recording of an autopsy in the
24	course of assisting a medical examiner in the performance of his
25	or her official duties.
26	(2)  A photograph or video or audio recording of an autopsy
27	held by in the custody of a medical examiner is confidential and
28	exempt from the requirements of s. 119.07(1) and s. 24(a), Art.
29	I of the State Constitution, except that a surviving spouse may
30	view and copy a photograph or video recording or listen to or
31	copy an audio recording of the deceased spouse's autopsy. If
32	there is no surviving spouse, then the surviving parents shall
33	have access to such records. If there is no surviving spouse or
34	parent, then an adult child shall have access to such records.
35	(3)(a)  However, The deceased's surviving relative, with
36	whom authority rests to obtain such records, may designate in
37	writing an agent to obtain such records.
38	(b)  A local governmental entity, or a state or federal
39	agency, in furtherance of its official duties, pursuant to a
40	written request, may view or copy a photograph or video
41	recording or may listen to or copy an audio recording of an
42	autopsy, and unless otherwise required in the performance of
43	their duties, the identity of the deceased shall remain
44	confidential and exempt.
45	(c)  The custodian of the record, or his or her designee,
46	may not permit any other person, except an agent designated in
47	writing by the deceased's surviving relative with whom authority
48	rests to obtain such records, to view or copy such photograph or
49	video recording or listen to or copy an audio recording without
50	a court order. For the purposes of this section, the term
51	"medical examiner" means any district medical examiner,
52	associate medical examiner, or substitute medical examiner
53	acting pursuant to this chapter, as well as any employee,
54	deputy, or agent of a medical examiner or any other person who
55	may obtain possession of a photograph or audio or video
56	recording of an autopsy in the course of assisting a medical
57	examiner in the performance of his or her official duties.
58	(4)(2)(a)  The court, upon a showing of good cause, may
59	issue an order authorizing any person to view or copy a
60	photograph or video recording of an autopsy or to listen to or
61	copy an audio recording of an autopsy and may prescribe any
62	restrictions or stipulations that the court deems appropriate.
63	(b)  In determining good cause, the court shall consider
64	whether such disclosure is necessary for the public evaluation
65	of governmental performance; the seriousness of the intrusion
66	into the family's right to privacy and whether such disclosure
67	is the least intrusive means available; and the availability of
68	similar information in other public records, regardless of form.
69	(c)  In all cases, the viewing, copying, listening to or
70	other handling of a photograph or video or audio recording of an
71	autopsy must be under the direct supervision of the custodian of
72	the record or his or her designee.
73	(5)(b)  A surviving spouse shall be given reasonable notice
74	of a petition filed with the court to view or copy a photograph
75	or video recording of an autopsy or a petition to listen to or
76	copy an audio recording, a copy of such petition, and reasonable
77	notice of the opportunity to be present and heard at any hearing
78	on the matter. If there is no surviving spouse, then such notice
79	must be given to the parents of the deceased deceased's parents,
80	and if the deceased has no living parent, then to the adult
81	children of the deceased.
82	(6)(3)(a)  Any custodian of a photograph or video or audio
83	recording of an autopsy who willfully and knowingly violates
84	this section commits a felony of the third degree, punishable as
85	provided in s. 775.082, s. 775.083, or s. 775.084.
86	(b)  Any person who willfully and knowingly violates a
87	court order issued pursuant to this section commits a felony of
88	the third degree, punishable as provided in s. 775.082, s.
89	775.083, or s. 775.084.
90	(7)(c)  A criminal or administrative proceeding is exempt
91	from this section, but unless otherwise exempted, is subject to
92	all other provisions of chapter 119, provided however that this
93	section does not prohibit a court in a criminal or
94	administrative proceeding upon good cause shown from restricting
95	or otherwise controlling the disclosure of an autopsy, crime
96	scene, or similar photograph or video or audio recordings in the
97	manner prescribed herein.
98	(8)(4)  This exemption shall be given retroactive
99	application.
100	(5)  The exemption in this section is subject to the Open
101	Government Sunset Review Act of 1995 in accordance with s.
102	119.15, and shall stand repealed on October 2, 2006, unless
103	reviewed and saved from repeal through reenactment by the
104	Legislature.
105	Section 2.  This act shall take effect October 1, 2006.

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