Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. SB 7024
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator Bracy moved the following:
       
    1         Senate Substitute for Amendment (366264) (with title
    2  amendment)
    3  
    4         Delete lines 61 - 79
    5  and insert:
    6         Section 3. Section 406.136, Florida Statutes, is amended to
    7  read:
    8         406.136 A photograph or video or audio recording that
    9  depicts or records the killing of a law enforcement officer who
   10  was acting in accordance with his or her official duties, the
   11  killing of a victim of a school shooting, or the killing of a
   12  victim of a mass shooting.—
   13         (1) As used in this section, the term:
   14         (a) “Killing of a law enforcement officer who was acting in
   15  accordance with his or her official duties” means all acts or
   16  events that cause or otherwise relate to the death of a law
   17  enforcement officer who was acting in accordance with his or her
   18  official duties, including any related acts or events
   19  immediately preceding or subsequent to the acts or events that
   20  were the proximate cause of death.
   21         (b) “Killing of a victim of a mass shooting” means all acts
   22  or events that cause or otherwise relate to the death of a
   23  person, not including the perpetrator, who is killed in an
   24  incident in which three or more people, not including the
   25  perpetrator, are killed by an intentional act of gun violence by
   26  another person.
   27         (c) “Killing of a victim of a school shooting” means all
   28  acts or events that cause or otherwise relate to the death of a
   29  person, not including the perpetrator, who is killed in an
   30  incident at a school by an intentional act of gun violence by
   31  another person, including any related acts or events immediately
   32  preceding or subsequent to the acts or events that were the
   33  proximate cause of death.
   34         (2) A photograph or video or audio recording that depicts
   35  or records the killing of a law enforcement officer who was
   36  acting in accordance with his or her official duties, the
   37  killing of a victim of a school shooting, or the killing of a
   38  victim of a mass shooting is confidential and exempt from s.
   39  119.07(1) and s. 24(a), Art. I of the State Constitution, except
   40  that a surviving spouse of the decedent may view and copy any
   41  such photograph or video recording or listen to or copy any such
   42  audio recording. If there is no surviving spouse, then the
   43  surviving parents shall have access to such records. If there is
   44  no surviving spouse or parent, the then an adult children child
   45  shall have access to such records.
   46         (3)(a) The deceased’s surviving relative, with whom
   47  authority rests to obtain such records, may designate in writing
   48  an agent to obtain such records.
   49         (b) A local governmental entity, or a state or federal
   50  agency, in furtherance of its official duties, pursuant to a
   51  written request, may view or copy a photograph or video
   52  recording or may listen to or copy an audio recording of the
   53  killing of a law enforcement officer who was acting in
   54  accordance with his or her official duties, the killing of a
   55  victim of a school shooting, or the killing of a victim of a
   56  mass shooting, and, unless otherwise required in the performance
   57  of its their duties, the identity of the deceased shall remain
   58  confidential and exempt.
   59         (c) The custodian of the record, or his or her designee,
   60  may not permit any other person to view or copy such photograph
   61  or video recording or listen to or copy such audio recording
   62  without a court order.
   63         (4)(a) The court, upon a showing of good cause, may issue
   64  an order authorizing any person to view or copy a photograph or
   65  video recording that depicts or records the killing of a law
   66  enforcement officer who was acting in accordance with his or her
   67  official duties, the killing of a victim of a school shooting,
   68  or the killing of a victim of a mass shooting, or to listen to
   69  or copy an audio recording that depicts or records the killing
   70  of a law enforcement officer who was acting in accordance with
   71  his or her official duties, the killing of a victim of a school
   72  shooting, or the killing of a victim of a mass shooting, and may
   73  prescribe any restrictions or stipulations that the court deems
   74  appropriate.
   75         (b) In determining good cause, the court shall consider:
   76         1. Whether such disclosure is necessary for the public
   77  evaluation of governmental performance;
   78         2. The seriousness of the intrusion into the family’s right
   79  to privacy and whether such disclosure is the least intrusive
   80  means available; and
   81         3. The availability of similar information in other public
   82  records, regardless of form.
   83         (c) In all cases, the viewing, copying, listening to, or
   84  other handling of a photograph or video or audio recording that
   85  depicts or records the killing of a law enforcement officer who
   86  was acting in accordance with his or her official duties, the
   87  killing of a victim of a school shooting, or the killing of a
   88  victim of a mass shooting must be under the direct supervision
   89  of the custodian of the record or his or her designee.
   90         (5) A surviving spouse shall be given reasonable notice of
   91  a petition filed with the court to view or copy a photograph or
   92  video recording that depicts or records the killing of a law
   93  enforcement officer who was acting in accordance with his or her
   94  official duties, the killing of a victim of a school shooting,
   95  or the killing of a victim of a mass shooting, or to listen to
   96  or copy any such audio recording, a copy of such petition, and
   97  reasonable notice of the opportunity to be present and heard at
   98  any hearing on the matter. If there is no surviving spouse, then
   99  such notice must be given to the parents of the deceased and, if
  100  the deceased has no surviving living parent, then to the adult
  101  children of the deceased.
  102         (6)(a) Any custodian of a photograph or video or audio
  103  recording that depicts or records the killing of a law
  104  enforcement officer who was acting in accordance with his or her
  105  official duties, the killing of a victim of a school shooting,
  106  or the killing of a victim of a mass shooting who willfully and
  107  knowingly violates this section commits a felony of the third
  108  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  109  775.084.
  110         (b) Any person who willfully and knowingly violates a court
  111  order issued pursuant to this section commits a felony of the
  112  third degree, punishable as provided in s. 775.082, s. 775.083,
  113  or s. 775.084.
  114         (c) A criminal or administrative proceeding is exempt from
  115  this section but, unless otherwise exempted, is subject to all
  116  other provisions of chapter 119;, provided, however, that this
  117  section does not prohibit a court in a criminal or
  118  administrative proceeding upon good cause shown from restricting
  119  or otherwise controlling the disclosure of a killing, crime
  120  scene, or similar photograph or video or audio recording
  121  recordings in the manner prescribed in this section herein.
  122         (7) The This exemption in this section shall be given
  123  retroactive application and shall apply to all photographs or
  124  video or audio recordings that depict or record the killing of a
  125  law enforcement officer who was acting in accordance with his or
  126  her official duties, the killing of a victim of a school
  127  shooting, or the killing of a victim of a mass shooting,
  128  regardless of whether the killing of the person occurred before,
  129  on, or after July 1, 2015 2011. However, nothing in this section
  130  herein is intended to, nor may be construed to, overturn or
  131  abrogate or alter any existing orders duly entered into by any
  132  court of this state, as of the effective date of this act, which
  133  restrict or limit access to any photographs or video or audio
  134  recordings that depict or record the killing of a law
  135  enforcement officer who was acting in accordance with his or her
  136  official duties, the killing of a victim of a school shooting,
  137  or the killing of a victim of a mass shooting.
  138         (8) This section only applies to such photographs and video
  139  and audio recordings held by an agency as defined in s. 119.011.
  140         (9) This section is subject to the Open Government Sunset
  141  Review Act in accordance with s. 119.15 and shall stand repealed
  142  on October 2, 2023, unless reviewed and saved from repeal
  143  through reenactment by the Legislature.
  144         Section 4. (1) The Legislature finds that it is a public
  145  necessity that the address of victims of an incident of mass
  146  violence be made exempt from s. 119.07(1), Florida Statutes, and
  147  s. 24(a), Article I of the State Constitution. After an incident
  148  of mass violence has occurred, victims of such an incident are
  149  in a vulnerable state as they assist law enforcement with the
  150  investigation of the incident and try to recover from the events
  151  that occurred. In some instances, the victim may have been
  152  killed or injured leaving their families to deal with the
  153  aftermath of the crime. The public availability of such victim’s
  154  address may be used to locate the victim or the victim’s family.
  155  The availability of such information has allowed people to take
  156  advantage of the victims or their families by subjecting the
  157  victims or their families to media intrusions at their homes and
  158  other unwelcome intrusions into their privacy. Therefore, it is
  159  necessary that the address of victims of incidents of mass
  160  violence be protected to ensure that persons affected by such
  161  incidents are not harassed, taken advantage of, or otherwise
  162  subjected to additional pain and suffering.
  163         (2) The Legislature also finds that it is a public
  164  necessity that photographs and video and audio recordings that
  165  depict or record the killing of a victim of a school shooting or
  166  the killing of a victim of a mass shooting be made confidential
  167  and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
  168  Article I of the State Constitution. The Legislature finds that
  169  photographs and video and audio recordings that depict or record
  170  the killing of a victim of a school shooting or the killing of a
  171  victim of a mass shooting render a graphic and often disturbing
  172  visual or aural representation of the deceased. Such photographs
  173  and video and audio recordings provide a view of the deceased in
  174  the final moments of life, often bruised, bloodied, broken, with
  175  bullet wounds or other wounds, cut open, dismembered, or
  176  decapitated. As such, photographs and video and audio recordings
  177  that depict or record the killing of a victim of a school
  178  shooting or the killing of a victim of a mass shooting are
  179  highly sensitive representations of the deceased which, if
  180  heard, viewed, copied, or publicized, could result in trauma,
  181  sorrow, humiliation, or emotional injury to the immediate family
  182  of the deceased and detract from the memory of the deceased. The
  183  Legislature recognizes that the existence of the Internet and
  184  the proliferation of personal computers and cellular telephones
  185  throughout the world encourages and promotes the wide
  186  dissemination of such photographs and video and audio recordings
  187  24 hours a day and that widespread unauthorized dissemination of
  188  such photographs and video and audio recordings would subject
  189  the immediate family of the deceased to continuous injury.
  190         (3) In addition to the emotional and mental injury that
  191  these photographs and recordings may cause family members, the
  192  Legislature is also concerned that dissemination of photographs
  193  and video and audio recordings that depict or record the killing
  194  of a victim of a school shooting or the killing of a victim of a
  195  mass shooting is harmful to the public. The Legislature is
  196  gravely concerned and saddened by the horrific mass killings
  197  perpetrated at the Pulse nightclub in Orlando, the Fort
  198  Lauderdale-Hollywood International Airport, and Marjory Stoneman
  199  Douglas High School. The Legislature is concerned that, if these
  200  photographs and recordings are released, terrorists will use
  201  them to attract followers, bring attention to their causes, and
  202  inspire others to kill. The Legislature also finds that
  203  dissemination of these photographs and recordings may also educe
  204  violent acts by the mentally ill or morally corrupt.
  205         (4) The Legislature further recognizes that there continues
  206  to be other types of available information, such as crime scene
  207  reports, which are less intrusive and injurious to the immediate
  208  family of the deceased and which continue to provide for public
  209  oversight. The Legislature further finds that the exemption
  210  provided in s. 406.136, Florida Statutes, as amended by this act
  211  should be given retroactive application because it is remedial
  212  in nature.
  213  
  214  ================= T I T L E  A M E N D M E N T ================
  215  And the title is amended as follows:
  216         Delete lines 10 - 11
  217  and insert:
  218         criminal investigative information; amending s.
  219         406.136, F.S.; expanding an exemption from public
  220         records requirements for a photograph or video or
  221         audio recording held by an agency that depicts or
  222         records the killing of a law enforcement officer to
  223         include a photograph or video or audio recording held
  224         by an agency that depicts or records the killing of a
  225         victim of a school shooting or the killing of a victim
  226         of a mass shooting; providing for future legislative
  227         review and repeal of the exemption; providing
  228         statements of public necessity; providing an effective