HB 649

1	A bill to be entitled
2	An act relating to public records; creating s. 925.131,
3	F.S.; providing definitions; providing an exemption from
4	public records law for investigative or crime scene
5	photographs, images, or video recordings of a deceased
6	person, a part of a deceased person, or any part of a
7	person's extreme, severe, or acute injuries held by a law
8	enforcement agency; providing exceptions for certain
9	relatives, injured persons, or their designees; permitting
10	a local or county governmental entity, or a state or
11	federal agency, in furtherance of its official duties, to
12	access such records pursuant to a written request to the
13	law enforcement agency in possession of such records,
14	although the confidential and exempt status of such
15	records shall be maintained; permitting any person to
16	view, but not copy, photograph, or remove, any record not
17	otherwise confidential or exempt from public records
18	provisions under the direct supervision of the custodian
19	of the record or his or her designee; requiring that the
20	viewing, copying, or other handling of such a record be
21	under the direct supervision of the custodian of the
22	record or his or her designee; permitting a court or law
23	enforcement agency head, upon a showing of good cause, to
24	authorize any person to view or copy such a record and
25	impose any restrictions or stipulations that it deems
26	appropriate; providing criminal penalties for violations
27	of statute or court order; providing for future
28	legislative review and repeal; providing a finding of
29	public necessity; providing for retroactive effect;
30	providing a contingent effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Section 925.131, Florida Statutes, is created
35	to read:
36	925.131  Public records exemption for certain law
37	enforcement photographs, images, or video recordings.-
38	(1)  For purposes of this section, the term:
39	(a)  "Law enforcement agency" means any state agency or
40	unit of government in this state that has authority to employ or
41	appoint law enforcement officers, as defined in s. 943.10, as
42	well as any employee, deputy, or agent of such an agency or any
43	other person who may obtain possession of a restricted
44	photograph, image, or recording in the course of assisting such
45	an agency in the performance of its duties.
46	(b)  "Restricted photograph, image, or recording" means an
47	investigative or crime scene photograph, image, or video
48	recording of a deceased person, a part of a deceased person, or
49	any part of a person's extreme, severe, or acute injuries.
50	(2)(a)  A restricted photograph, image, or recording held
51	by a law enforcement agency is confidential and exempt from s.
52	119.07(1) and s. 24(a), Art. I of the State Constitution, except
53	that:
54	1.  A restricted photograph, image, or recording of a
55	deceased person may be viewed and copied by the surviving spouse
56	of that person, by a surviving parent of that person, or by an
57	adult child of the person.
58	2.  A person whose extreme, severe, or acute injury is
59	depicted in whole or in part in a restricted photograph, image,
60	or recording may view and copy such restricted photograph,
61	image, or recording.
62	(b)  Any person authorized to obtain records under this
63	subsection may designate in writing an agent to obtain such
64	records on his or her behalf.
65	(c)  Persons authorized under this subsection to obtain
66	such records shall be provided access thereto unless such
67	records are otherwise confidential or exempt from s. 119.07(1)
68	and s. 24(a), Art. I of the State Constitution.
69	(3)  A local or county governmental entity, or a state or
70	federal agency, in furtherance of its official duties and
71	pursuant to a written request to the law enforcement agency in
72	possession of such records, may view or copy a restricted
73	photograph, image, or recording; however, the receiving entity
74	or agency shall maintain the confidential and exempt status of
75	the restricted photograph, image, or recording and shall protect
76	the identity of the deceased or injured person.
77	(4)  Any person may view, but not copy, photograph, or
78	remove, any restricted photograph, image, or recording not
79	otherwise confidential or exempt from s. 119.07(1) and s. 24(a),
80	Art. I of the State Constitution, under the direct supervision
81	of the custodian of the record or his or her designee.
82	(5)  Any viewing, copying, or other handling of a
83	restricted photograph, image, or recording must be under the
84	direct supervision of the custodian of the record or his or her
85	designee.
86	(6)(a)  The following are exceptions to the restrictions in
87	subsection (4) on copying photographs, images, or video
88	recordings of a deceased person, a part of a deceased person, or
89	any part of a person's extreme, severe, or acute injuries being
90	held confidential:
91	1.  When the head of the law enforcement agency in this
92	state in possession of the photographs, images, or video
93	recordings has personally examined the photographs, images, or
94	video recordings and has determined in his or her discretion
95	that there is good cause for their release, they shall be
96	disseminated in accordance with his or her written instructions.
97	These instructions must name the party or parties that are
98	authorized to obtain the photographs, images, or video
99	recordings or a copy of them.
100	2.  When a judge in a county or circuit in this state has
101	personally examined the photographs, images, or video recordings
102	and has determined in his or her judicial opinion that there is
103	good cause for their release, they shall be disseminated in
104	accordance with his or her written court order. The order must
105	name the party or parties that are authorized to obtain the
106	photographs, images, or video recordings or a copy of them.
107	(b)  In determining good cause for purposes of paragraph
108	(a), the agency head or court shall consider whether such
109	disclosure is necessary for the public evaluation of
110	governmental performance, the seriousness of the intrusion into
111	the family's or injured person's right to privacy, whether such
112	disclosure is the least intrusive means available to enable
113	public evaluation of governmental performance, and the
114	availability of similar information in other public records,
115	regardless of form.
116	(7)(a)  It is unlawful for:
117	1.  Any custodian or a designee of a custodian of a
118	restricted photograph, image, or recording to willfully and
119	knowingly violate a provision of this section; or
120	2.  Any person to willfully and knowingly violate a court
121	order or agency head's instructions issued pursuant to this
122	section.
123	(b)  Any person who violates paragraph (a) commits:
124	1.  For the first violation, a misdemeanor of the first
125	degree, punishable as provided in s. 775.082 or s. 775.083.
126	2.  For a second or subsequent violation, a felony of the
127	third degree, punishable as provided in s. 775.082, s. 775.083,
128	or s. 775.084.
129	(8)  This section is subject to the Open Government Sunset
130	Review Act in accordance with s. 119.15 and shall stand repealed
131	on October 2, 2015, unless reviewed and saved from repeal
132	through reenactment by the Legislature.
133	Section 2.  The Legislature finds that it is a public
134	necessity that investigative or crime scene photographs, images,
135	or video recordings of a deceased person, a part of a deceased
136	person, or any part of a person's extreme, severe, or acute
137	injuries be confidential and exempt from disclosure, with
138	certain clearly defined exceptions. The Legislature finds that
139	such photographs, images, or video recordings may depict or
140	describe a deceased or suffering person in graphic and
141	disturbing fashion. Such photographs, images, or video
142	recordings, if copied, distributed, or publicized, could result
143	in trauma, sorrow, humiliation, or emotional injury to the
144	individual depicted or his or her immediate family. If the
145	individual is deceased, such dissemination could also cause
146	injury to the memory of the deceased. The Legislature notes that
147	the existence of the Internet and the proliferation of personal
148	computers throughout the world encourages and promotes the wide
149	dissemination of photographs, images, and video recordings 24
150	hours a day and that widespread unauthorized dissemination of
151	photographs, images, and video recordings would subject a
152	suffering individual and the immediate family of a deceased or
153	suffering individual to continuous injury. The Legislature
154	further notes that there continue to be other types of available
155	information, such as police reports, that are less intrusive and
156	injurious and that continue to provide for public oversight. The
157	Legislature further finds that the exemption provided in this
158	act should be given retroactive application because it is
159	remedial in nature.
160	Section 3.  This act shall apply to all photographs,
161	images, or video recordings subject to its terms regardless of
162	whether they were created before, on, or after the effective
163	date of this act.
164	Section 4.  This act shall take effect on the same date
165	that HB 647 or similar legislation takes effect, if such
166	legislation is enacted in the same legislative session or an
167	extension thereof and becomes law.

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