Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SPB 7022
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LEGISLATIVE ACTION
Senate . House
Comm: FAV .
02/01/2016 .
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The Committee on Criminal Justice (Bradley) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 406.136, Florida Statutes, is amended to
6 read:
7 406.136 A photograph or video or audio recording that
8 depicts or records the killing of a law enforcement officer who
9 was acting in accordance with his or her official duties a
10 person.—
11 (1) As used in this section, the term “killing of a law
12 enforcement officer who was acting in accordance with his or her
13 official duties” “killing of a person” means all acts or events
14 that cause or otherwise relate to the death of a law enforcement
15 officer who was acting in accordance with his or her official
16 duties any human being, including any related acts or events
17 immediately preceding or subsequent to the acts or events that
18 were the proximate cause of death.
19 (2) A photograph or video or audio recording that depicts
20 or records the killing of a law enforcement officer who was
21 acting in accordance with his or her official duties a person is
22 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
23 of the State Constitution, except that a surviving spouse of the
24 decedent may view and copy any such photograph or video
25 recording or listen to or copy any such audio recording. If
26 there is no surviving spouse, then the surviving parents shall
27 have access to such records. If there is no surviving spouse or
28 parent, then an adult child shall have access to such records.
29 (3)(a) The deceased’s surviving relative, with whom
30 authority rests to obtain such records, may designate in writing
31 an agent to obtain such records.
32 (b) A local governmental entity, or a state or federal
33 agency, in furtherance of its official duties, pursuant to a
34 written request, may view or copy a photograph or video
35 recording or may listen to or copy an audio recording of the
36 killing of a law enforcement officer who was acting in
37 accordance with his or her official duties a person and, unless
38 otherwise required in the performance of their duties, the
39 identity of the deceased shall remain confidential and exempt.
40 (c) The custodian of the record, or his or her designee,
41 may not permit any other person to view or copy such photograph
42 or video recording or listen to or copy such audio recording
43 without a court order.
44 (4)(a) The court, upon a showing of good cause, may issue
45 an order authorizing any person to view or copy a photograph or
46 video recording that depicts or records the killing of a law
47 enforcement officer who was acting in accordance with his or her
48 official duties a person or to listen to or copy an audio
49 recording that depicts or records the killing of a law
50 enforcement officer who was acting in accordance with his or her
51 official duties a person and may prescribe any restrictions or
52 stipulations that the court deems appropriate.
53 (b) In determining good cause, the court shall consider:
54 1. Whether such disclosure is necessary for the public
55 evaluation of governmental performance;
56 2. The seriousness of the intrusion into the family’s right
57 to privacy and whether such disclosure is the least intrusive
58 means available; and
59 3. The availability of similar information in other public
60 records, regardless of form.
61 (c) In all cases, the viewing, copying, listening to, or
62 other handling of a photograph or video or audio recording that
63 depicts or records the killing of a law enforcement officer who
64 was acting in accordance with his or her official duties a
65 person must be under the direct supervision of the custodian of
66 the record or his or her designee.
67 (5) A surviving spouse shall be given reasonable notice of
68 a petition filed with the court to view or copy a photograph or
69 video recording that depicts or records the killing of a law
70 enforcement officer who was acting in accordance with his or her
71 official duties a person or to listen to or copy any such audio
72 recording, a copy of such petition, and reasonable notice of the
73 opportunity to be present and heard at any hearing on the
74 matter. If there is no surviving spouse, then such notice must
75 be given to the parents of the deceased and, if the deceased has
76 no living parent, then to the adult children of the deceased.
77 (6)(a) Any custodian of a photograph or video or audio
78 recording that depicts or records the killing of a law
79 enforcement officer who was acting in accordance with his or her
80 official duties a person who willfully and knowingly violates
81 this section commits a felony of the third degree, punishable as
82 provided in s. 775.082, s. 775.083, or s. 775.084.
83 (b) Any person who willfully and knowingly violates a court
84 order issued pursuant to this section commits a felony of the
85 third degree, punishable as provided in s. 775.082, s. 775.083,
86 or s. 775.084.
87 (c) A criminal or administrative proceeding is exempt from
88 this section but, unless otherwise exempted, is subject to all
89 other provisions of chapter 119, provided however that this
90 section does not prohibit a court in a criminal or
91 administrative proceeding upon good cause shown from restricting
92 or otherwise controlling the disclosure of a killing, crime
93 scene, or similar photograph or video or audio recordings in the
94 manner prescribed herein.
95 (7) This exemption shall be given retroactive application
96 and shall apply to all photographs or video or audio recordings
97 that depict or record the killing of a law enforcement officer
98 who was acting in accordance with his or her official duties a
99 person, regardless of whether the killing of the person occurred
100 before, on, or after July 1, 2011. However, nothing herein is
101 intended to, nor may be construed to, overturn or abrogate or
102 alter any existing orders duly entered into by any court of this
103 state, as of the effective date of this act, which restrict or
104 limit access to any photographs or video or audio recordings
105 that depict or record the killing of a law enforcement officer
106 who was acting in accordance with his or her official duties a
107 person.
108 (8) This section only applies to such photographs and video
109 and audio recordings held by an agency as defined in s. 119.011.
110 (9) This section is subject to the Open Government Sunset
111 Review Act in accordance with s. 119.15 and shall stand repealed
112 on October 2, 2016, unless reviewed and saved from repeal
113 through reenactment by the Legislature.
114 Section 2. This act shall take effect October 1, 2016.
115
116 ================= T I T L E A M E N D M E N T ================
117 And the title is amended as follows:
118 Delete everything before the enacting clause
119 and insert:
120 A bill to be entitled
121 An act relating to a review under the Open Government
122 Sunset Review Act; amending s. 406.136, F.S., which
123 provides an exemption from public records requirements
124 for a photograph or video or audio recording held by
125 an agency that depicts or records the killing of a
126 person; narrowing the exemption to depictions or
127 recordings of the killing of a law enforcement officer
128 who was acting in accordance with his or her official
129 duties; removing the scheduled repeal of the
130 exemption; providing an effective date.