Florida Senate - 2022                                    SB 1550
       
       
        
       By Senator Perry
       
       
       
       
       
       8-01173C-22                                           20221550__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         406.135, F.S.; revising the definition of the term
    4         “medical examiner”; defining the term “minor”;
    5         creating an exemption from public records requirements
    6         for autopsy reports of minors whose deaths were
    7         related to acts of domestic violence; providing an
    8         exception; providing additional exceptions to the
    9         exemption; providing that any viewing, copying, or
   10         handling of such autopsy reports be under the direct
   11         supervision of the custodian of records or his or her
   12         designee; requiring that certain surviving parents of
   13         a minor child whose death was related to domestic
   14         violence be given notice of petitions to view or copy
   15         the minor child’s autopsy report and of the
   16         opportunity to be present and heard at the related
   17         hearings under certain circumstances; providing
   18         penalties; providing for retroactive application;
   19         providing for future legislative review and repeal of
   20         the exemption; providing a statement of public
   21         necessity; providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 406.135, Florida Statutes, is amended to
   26  read:
   27         406.135 Autopsies; confidentiality of photographs and video
   28  and audio recordings; confidentiality of reports of child
   29  victims of domestic violence; exemption.—
   30         (1) As used in For the purpose of this section, the term:
   31         (a) “Medical examiner” means any district medical examiner,
   32  associate medical examiner, or substitute medical examiner
   33  acting pursuant to this chapter, as well as any employee,
   34  deputy, or agent of a medical examiner or any other person who
   35  may obtain possession of a report, photograph, or audio or video
   36  recording of an autopsy in the course of assisting a medical
   37  examiner in the performance of his or her official duties.
   38         (b)“Minor” means a person younger than 18 years of age who
   39  has not had the disability of nonage removed pursuant to s.
   40  743.01 or s. 743.015.
   41         (2) A photograph or video or audio recording of an autopsy
   42  held by a medical examiner is confidential and exempt from s.
   43  119.07(1) and s. 24(a), Art. I of the State Constitution, except
   44  that a surviving spouse may view and copy a photograph or video
   45  recording or listen to or copy an audio recording of the
   46  deceased spouse’s autopsy. If there is no surviving spouse, then
   47  the surviving parents shall have access to such records. If
   48  there is no surviving spouse or parent, then an adult child
   49  shall have access to such records.
   50         (3) An autopsy report of a minor whose death was related to
   51  an act of domestic violence as defined in s. 741.28 held by a
   52  medical examiner is confidential and exempt from s. 119.07(1)
   53  and s. 24(a), Art. I of the State Constitution, except that a
   54  surviving parent of the deceased minor may view and copy the
   55  report if he or she is not the parent who committed the act of
   56  domestic violence which led to the minor’s death.
   57         (4)(a) The deceased’s surviving relative, with whom
   58  authority rests to obtain such records, may designate in writing
   59  an agent to obtain such records.
   60         (b) A local governmental entity, or a state or federal
   61  agency, in furtherance of its official duties, pursuant to a
   62  written request, may view or copy a photograph or video
   63  recording of an autopsy or an autopsy report of a minor or may
   64  listen to or copy an audio recording of an autopsy, and unless
   65  otherwise required in the performance of official their duties,
   66  the identity of the deceased shall remain confidential and
   67  exempt.
   68         (c) The custodian of the record, or his or her designee,
   69  may not permit any other person, except an agent designated in
   70  writing by the deceased’s surviving relative with whom authority
   71  rests to obtain such records, to view or copy such photograph,
   72  or video recording, or autopsy report of a minor or listen to or
   73  copy an audio recording without a court order.
   74         (5)(a)(4)(a) The court, upon a showing of good cause, may
   75  issue an order authorizing any person to view or copy a
   76  photograph or video recording of an autopsy or an autopsy report
   77  of a minor or to listen to or copy an audio recording of an
   78  autopsy and may prescribe any restrictions or stipulations that
   79  the court deems appropriate.
   80         (b) In determining good cause, the court shall consider
   81  whether such disclosure is necessary for the public evaluation
   82  of governmental performance; the seriousness of the intrusion
   83  into the family’s right to privacy and whether such disclosure
   84  is the least intrusive means available; and the availability of
   85  similar information in other public records, regardless of form.
   86         (c) In all cases, the viewing, copying, listening to, or
   87  other handling of a photograph or video or audio recording of an
   88  autopsy or an autopsy report of a minor must be under the direct
   89  supervision of the custodian of the record or his or her
   90  designee.
   91         (6)(5) A surviving spouse must shall be given reasonable
   92  notice of a petition filed with the court to view or copy a
   93  photograph or video recording of an autopsy or a petition to
   94  listen to or copy an audio recording, a copy of such petition,
   95  and reasonable notice of the opportunity to be present and heard
   96  at any hearing on the matter. If there is no surviving spouse,
   97  then such notice must be given to the parents of the deceased,
   98  and if the deceased has no living parent, then to the adult
   99  children of the deceased.
  100         (7)For a report of an autopsy of a minor whose death was
  101  related to an act of domestic violence as defined in s. 741.28,
  102  any surviving parent who did not commit the act of domestic
  103  violence which led to the minor’s death must be given reasonable
  104  notice of a petition filed with the court to view or copy the
  105  report, a copy of such petition, and reasonable notice of the
  106  opportunity to be present and heard at any hearing on the
  107  matter.
  108         (8)(a)(6)(a) Any custodian of a photograph or video or
  109  audio recording of an autopsy or an autopsy report of a minor
  110  who willfully and knowingly violates this section commits a
  111  felony of the third degree, punishable as provided in s.
  112  775.082, s. 775.083, or s. 775.084.
  113         (b) Any person who willfully and knowingly violates a court
  114  order issued pursuant to this section commits a felony of the
  115  third degree, punishable as provided in s. 775.082, s. 775.083,
  116  or s. 775.084.
  117         (9)(7) A criminal or administrative proceeding is exempt
  118  from this section, but unless otherwise exempted, is subject to
  119  all other provisions of chapter 119 unless otherwise exempted.,
  120  provided however that This section does not prohibit a court in
  121  a criminal or administrative proceeding upon good cause shown
  122  from restricting or otherwise controlling the disclosure of an
  123  autopsy, crime scene, or similar report, photograph, or video or
  124  audio recordings in the manner prescribed herein.
  125         (10)(8)The exemptions in this section This exemption shall
  126  be given retroactive application.
  127         (11)This section is subject to the Open Government Sunset
  128  Review Act in accordance with s. 119.15 and shall stand repealed
  129  on October 2, 2027, unless reviewed and saved from repeal
  130  through reenactment by the Legislature.
  131         Section 2. The Legislature finds that it is a public
  132  necessity that autopsy reports for minor children whose deaths
  133  were related to acts of domestic violence be made confidential
  134  and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
  135  Article I of the State Constitution. The Legislature finds that
  136  autopsy reports describe the deceased in graphic and often
  137  disturbing fashion and that autopsy reports for minor children
  138  who were victims of domestic violence may describe the deceased
  139  nude, bruised, bloodied, broken, with bullet or other wounds,
  140  cut open, dismembered, or decapitated. As such, these reports
  141  often contain highly sensitive descriptions of the deceased
  142  which, if heard, viewed, copied, or publicized, could result in
  143  trauma, sorrow, humiliation, or emotional injury to the
  144  immediate family of the deceased and the deceased’s minor
  145  friends, as well as injury to the memory of the deceased. The
  146  Legislature recognizes that the existence of the Internet and
  147  the proliferation of websites throughout the world encourages
  148  and promotes the wide dissemination of reports and publications
  149  24 hours a day and that widespread unauthorized dissemination of
  150  autopsy reports for minor children whose deaths were related to
  151  acts of domestic violence would subject the immediate family and
  152  the minor friends of the deceased to continuous injury. The
  153  Legislature further finds that the exemption provided in this
  154  act should be given retroactive application because it is
  155  remedial in nature.
  156         Section 3. This act shall take effect upon becoming a law.