Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SPB 7022
       
       
       
       
       
       
                                Ì753234ÉÎ753234                         
       
                              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.