Florida Senate - 2018 SENATOR AMENDMENT
Bill No. SB 7024
Ì3662644Î366264
LEGISLATIVE ACTION
Senate . House
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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