Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. SB 7024
       
       
       
       
       
       
                                Ì3662644Î366264                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             03/03/2018 09:59 AM       .                                
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       Senator Bracy moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 61 - 79
    4  and insert:
    5         Section 3. 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 person law enforcement
    9  officer who was acting in accordance with his or her official
   10  duties.—
   11         (1) As used in this section, the term “killing of a person”
   12  “killing of a law enforcement officer who was acting in
   13  accordance with his or her official duties” means all acts or
   14  events that cause or otherwise relate to the death of any human
   15  being a law enforcement officer who was acting in accordance
   16  with his or her official duties, including any related acts or
   17  events immediately preceding or subsequent to the acts or events
   18  that were the proximate cause of death. The term does not
   19  include the killing of a person in the care and custody of a
   20  state agency. For purposes of this subsection, the term “care
   21  and custody of a state agency” includes, but is not limited to,
   22  a child abuse protective investigation, protective supervision,
   23  foster care and related services, a protective investigation or
   24  protective supervision of a vulnerable adult, or correctional
   25  supervision, as defined in chapter 39, chapter 409, chapter 415,
   26  or chapter 945.
   27         (2) A photograph or video or audio recording that depicts
   28  or records the killing of a person law enforcement officer who
   29  was acting in accordance with his or her official duties is
   30  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   31  of the State Constitution, except that a surviving spouse of the
   32  decedent may view and copy any such photograph or video
   33  recording or listen to or copy any such audio recording. If
   34  there is no surviving spouse, then the surviving parents shall
   35  have access to such records. If there is no surviving spouse or
   36  parent, the then an adult children child shall have access to
   37  such records.
   38         (3)(a) The deceased’s surviving relative, with whom
   39  authority rests to obtain such records, may designate in writing
   40  an agent to obtain such records.
   41         (b) A local governmental entity, or a state or federal
   42  agency, in furtherance of its official duties, pursuant to a
   43  written request, may view or copy a photograph or video
   44  recording or may listen to or copy an audio recording of the
   45  killing of a person law enforcement officer who was acting in
   46  accordance with his or her official duties and, unless otherwise
   47  required in the performance of its their duties, the identity of
   48  the deceased shall remain confidential and exempt.
   49         (c) The custodian of the record, or his or her designee,
   50  may not permit any other person to view or copy such photograph
   51  or video recording or listen to or copy such audio recording
   52  without a court order.
   53         (4)(a) The court, upon a showing of good cause, may issue
   54  an order authorizing any person to view or copy a photograph or
   55  video recording that depicts or records the killing of a person
   56  law enforcement officer who was acting in accordance with his or
   57  her official duties or to listen to or copy an audio recording
   58  that depicts or records the killing of a person law enforcement
   59  officer who was acting in accordance with his or her official
   60  duties and may prescribe any restrictions or stipulations that
   61  the court deems appropriate.
   62         (b) In determining good cause, the court shall consider:
   63         1. Whether such disclosure is necessary for the public
   64  evaluation of governmental performance;
   65         2. The seriousness of the intrusion into the family’s right
   66  to privacy and whether such disclosure is the least intrusive
   67  means available; and
   68         3. The availability of similar information in other public
   69  records, regardless of form.
   70         (c) In all cases, the viewing, copying, listening to, or
   71  other handling of a photograph or video or audio recording that
   72  depicts or records the killing of a person law enforcement
   73  officer who was acting in accordance with his or her official
   74  duties must be under the direct supervision of the custodian of
   75  the record or his or her designee.
   76         (5) A surviving spouse shall be given reasonable notice of
   77  a petition filed with the court to view or copy a photograph or
   78  video recording that depicts or records the killing of a person
   79  law enforcement officer who was acting in accordance with his or
   80  her official duties or to listen to or copy any such audio
   81  recording, a copy of such petition, and reasonable notice of the
   82  opportunity to be present and heard at any hearing on the
   83  matter. If there is no surviving spouse, then such notice must
   84  be given to the parents of the deceased and, if the deceased has
   85  no surviving living parent, then to the adult children of the
   86  deceased.
   87         (6)(a) Any custodian of a photograph or video or audio
   88  recording that depicts or records the killing of a person law
   89  enforcement officer who was acting in accordance with his or her
   90  official duties who willfully and knowingly violates this
   91  section commits a felony of the third degree, punishable as
   92  provided in s. 775.082, s. 775.083, or s. 775.084.
   93         (b) Any person who willfully and knowingly violates a court
   94  order issued pursuant to this section commits a felony of the
   95  third degree, punishable as provided in s. 775.082, s. 775.083,
   96  or s. 775.084.
   97         (c) A criminal or administrative proceeding is exempt from
   98  this section but, unless otherwise exempted, is subject to all
   99  other provisions of chapter 119;, provided, however, that this
  100  section does not prohibit a court in a criminal or
  101  administrative proceeding upon good cause shown from restricting
  102  or otherwise controlling the disclosure of a killing, crime
  103  scene, or similar photograph or video or audio recording
  104  recordings in the manner prescribed in this section herein.
  105         (7) The This exemption in this section shall be given
  106  retroactive application and shall apply to all photographs or
  107  video or audio recordings that depict or record the killing of a
  108  person law enforcement officer who was acting in accordance with
  109  his or her official duties, regardless of whether the killing of
  110  the person occurred before, on, or after July 1, 2015 2011.
  111  However, nothing in this section herein is intended to, nor may
  112  be construed to, overturn or abrogate or alter any existing
  113  orders duly entered into by any court of this state, as of the
  114  effective date of this act, which restrict or limit access to
  115  any photographs or video or audio recordings that depict or
  116  record the killing of a person law enforcement officer who was
  117  acting in accordance with his or her official duties.
  118         (8) This section only applies to such photographs and video
  119  and audio recordings held by an agency as defined in s. 119.011.
  120         (9)This section is subject to the Open Government Sunset
  121  Review Act in accordance with s. 119.15 and shall stand repealed
  122  on October 2, 2023, unless reviewed and saved from repeal
  123  through reenactment by the Legislature.
  124         Section 4. (1)The Legislature finds that it is a public
  125  necessity that the address of victims of an incident of mass
  126  violence be made exempt from s. 119.07(1), Florida Statutes, and
  127  s. 24(a), Article I of the State Constitution. After an incident
  128  of mass violence has occurred, victims of such an incident are
  129  in a vulnerable state as they assist law enforcement with the
  130  investigation of the incident and try to recover from the events
  131  that occurred. In some instances, the victim may have been
  132  killed or injured leaving their families to deal with the
  133  aftermath of the crime. The public availability of such victim’s
  134  address may be used to locate the victim or the victim’s family.
  135  The availability of such information has allowed people to take
  136  advantage of the victims or their families by subjecting the
  137  victims or their families to media intrusions at their homes and
  138  other unwelcome intrusions into their privacy. Therefore, it is
  139  necessary that the address of victims of incidents of mass
  140  violence be protected to ensure that persons affected by such
  141  incidents are not harassed, taken advantage of, or otherwise
  142  subjected to additional pain and suffering.
  143         (2)The Legislature also finds that it is a public
  144  necessity that photographs and video and audio recordings that
  145  depict or record the killing of a person be made confidential
  146  and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
  147  Article I of the State Constitution. The Legislature finds that
  148  photographs and video and audio recordings that depict or record
  149  the killing of a person render a graphic and often disturbing
  150  visual or aural representation of the deceased. Such photographs
  151  and video and audio recordings provide a view of the deceased in
  152  the final moments of life, often bruised, bloodied, broken, with
  153  bullet wounds or other wounds, cut open, dismembered, or
  154  decapitated. As such, photographs and video and audio recordings
  155  that depict or record the killing of a person are highly
  156  sensitive representations of the deceased which, if heard,
  157  viewed, copied, or publicized, could result in trauma, sorrow,
  158  humiliation, or emotional injury to the immediate family of the
  159  deceased and detract from the memory of the deceased. The
  160  Legislature recognizes that the existence of the Internet and
  161  the proliferation of personal computers and cellular telephones
  162  throughout the world encourages and promotes the wide
  163  dissemination of such photographs and video and audio recordings
  164  24 hours a day and that widespread unauthorized dissemination of
  165  such photographs and video and audio recordings would subject
  166  the immediate family of the deceased to continuous injury.
  167         (3)In addition to the emotional and mental injury that
  168  these photographs and recordings may cause family members, the
  169  Legislature is also concerned that dissemination of photographs
  170  and video and audio recordings that depict or record the killing
  171  of a person is harmful to the public. The Legislature is gravely
  172  concerned and saddened by the horrific mass killings perpetrated
  173  at the Pulse nightclub in Orlando, the Fort Lauderdale-Hollywood
  174  International Airport, and at Marjory Stoneman Douglas High
  175  School. The Legislature is concerned that, if these photographs
  176  and recordings are released, terrorists will use them to attract
  177  followers, bring attention to their causes, and inspire others
  178  to kill. The Legislature also finds that dissemination of these
  179  photographs and recordings may also educe violent acts by the
  180  mentally ill or morally corrupt.
  181         (4)The Legislature further recognizes that there continues
  182  to be other types of available information, such as crime scene
  183  reports, which are less intrusive and injurious to the immediate
  184  family of the deceased and which continue to provide for public
  185  oversight. The Legislature further finds that the exemption
  186  provided in s. 406.136, Florida Statutes, as amended by this
  187  act, should be given retroactive application because it is
  188  remedial in nature.
  189  
  190  ================= T I T L E  A M E N D M E N T ================
  191  And the title is amended as follows:
  192         Delete lines 10 - 11
  193  and insert:
  194         criminal investigative information; amending s.
  195         406.136, F.S.; expanding an exemption from public
  196         records requirements for a photograph or video or
  197         audio recording held by an agency that depicts or
  198         records the killing of a law enforcement officer to
  199         include a photograph or video or audio recording held
  200         by an agency that depicts or records the killing of a
  201         person; providing for future legislative review and
  202         repeal of the exemption; providing statements of
  203         public necessity; providing an effective