Florida Senate - 2018                             CS for SB 1850
       
       
        
       By the Committee on Health Policy; and Senator Stewart
       
       
       
       
       
       588-02613-18                                          20181850c1
    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”; providing that a legal guardian
    5         shall have access, under certain circumstances, to a
    6         photograph or video or audio recording of an autopsy
    7         held by a medical examiner; providing that a legal
    8         guardian shall be given reasonable notice of, a copy
    9         of, and reasonable notice of an opportunity to be
   10         present and heard at any hearing on a petition to view
   11         or make a copy of such photograph or recording under
   12         certain circumstances; providing an exemption from
   13         public records requirements for a specified time after
   14         the medical examiner has completed the autopsy report;
   15         providing for future legislative review and repeal of
   16         the exemption; providing criminal penalties for any
   17         custodian of an autopsy report or a certain record who
   18         willfully and knowingly violates specified provisions;
   19         providing retroactive applicability; providing a
   20         statement of public necessity; providing an effective
   21         date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsections (1), (2), and (5) of section
   26  406.135, Florida Statutes, are amended, present subsections (6)
   27  through (8) of that section are redesignated as (7) through (9),
   28  respectively, present subsections (6) and (8) are amended, and a
   29  new subsection (6) is added to that section, to read:
   30         406.135 Autopsies; confidentiality of reports, related
   31  written records, photographs, and video and audio recordings;
   32  exemption.—
   33         (1) For the purpose of this section, the term “medical
   34  examiner” means any district medical examiner, associate medical
   35  examiner, or substitute medical examiner acting pursuant to this
   36  chapter, as well as any employee, deputy, or agent of a medical
   37  examiner or any other person who may obtain possession of an
   38  autopsy report or a related written record that personally
   39  identifies the deceased, or a photograph or audio or video
   40  recording of an autopsy, in the course of assisting a medical
   41  examiner in the performance of his or her official duties.
   42         (2) A photograph or video or audio recording of an autopsy
   43  held by a medical examiner is confidential and exempt from s.
   44  119.07(1) and s. 24(a), Art. I of the State Constitution, except
   45  that a surviving spouse may view and copy a photograph or video
   46  recording or listen to or copy an audio recording of the
   47  deceased spouse’s autopsy. If there is no surviving spouse, then
   48  the surviving parents or legal guardians shall have access to
   49  such records. If there is no surviving spouse, or parent, or
   50  legal guardian, then an adult child shall have access to such
   51  records.
   52         (5) A surviving spouse shall be given reasonable notice of
   53  a petition filed with the court to view or copy a photograph or
   54  video recording of an autopsy or a petition to listen to or copy
   55  an audio recording, a copy of such petition, and reasonable
   56  notice of the opportunity to be present and heard at any hearing
   57  on the matter. If there is no surviving spouse, then such notice
   58  must be given to the parents or legal guardians of the deceased,
   59  and if the deceased has no surviving living parent or legal
   60  guardian, then to the adult children of the deceased.
   61         (6)(a)An autopsy report or a related written record that
   62  personally identifies the deceased and that is held by a medical
   63  examiner is confidential and exempt from s. 119.07(1) and s.
   64  24(a), Art. I of the State Constitution for 10 days after the
   65  medical examiner has completed the report, except that a
   66  surviving spouse may view and copy the records. If there is no
   67  surviving spouse, the surviving parents or legal guardians shall
   68  have access to such records. If there is no surviving spouse,
   69  parent, or legal guardian, an adult child shall have access to
   70  such records.
   71         (b)The exemption in paragraph (a) is subject to the Open
   72  Government Sunset Review Act in accordance with s. 119.15 and
   73  shall stand repealed on October 2, 2023, unless reviewed and
   74  saved from repeal through reenactment by the Legislature.
   75         (7)(a)(6)(a) Any custodian of an autopsy report or a
   76  related written record that personally identifies the deceased,
   77  or a photograph or video or audio recording of an autopsy, who
   78  willfully and knowingly violates this section commits a felony
   79  of the third degree, punishable as provided in s. 775.082, s.
   80  775.083, or s. 775.084.
   81         (b) Any person who willfully and knowingly violates a court
   82  order issued pursuant to this section commits a felony of the
   83  third degree, punishable as provided in s. 775.082, s. 775.083,
   84  or s. 775.084.
   85         (9)(8) This exemption applies to records held before, on,
   86  or after the effective date of this act shall be given
   87  retroactive application.
   88         Section 2. The Legislature finds that it is a public
   89  necessity that autopsy reports and related written records that
   90  personally identify the deceased be made confidential and exempt
   91  from the requirements of s. 119.07(1), Florida Statutes, and s.
   92  24(a), Article I of the State Constitution for 10 days after the
   93  medical examiner has completed the report. The Legislature finds
   94  that the deceased’s family may unexpectedly encounter new
   95  information obtained from an autopsy report or related written
   96  record regarding the death of a loved one which is published or
   97  conveyed by word of mouth, causing the family to experience
   98  trauma, sorrow, humiliation, or emotional injury. The
   99  Legislature finds that, although access delayed is access
  100  denied, the deceased’s family should be given a reasonable time
  101  to be notified before any highly sensitive autopsy report or
  102  related written record that personally identifies the deceased
  103  is released to the public. The Legislature further finds that
  104  the exemption provided in this act should be given retroactive
  105  application because it is remedial in nature.
  106         Section 3. This act shall take effect upon becoming a law.