HOUSE AMENDMENT
Bill No. HB 1083 Barcode 874155
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on State Administration offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. (1) All photographs or video recordings of
18 an autopsy in the possession of a district medical examiner
19 pursuant to chapter 406 are confidential and exempt from the
20 provisions of s. 119.07(1), and s. 24(a), Article I of the
21 State Constitution, except as otherwise provided herein.
22 Photographs and video recordings of an autopsy made
23 confidential and exempt by this section shall be disclosed for
24 viewing or copying:
25 (a) Pursuant to a written waiver by the surviving
26 spouse. If there is no surviving spouse, then pursuant to a
27 written waiver by a surviving parent; and, if there is no
28 surviving spouse or parent, then pursuant to written waiver by
29 an adult child of the deceased; or
30 (b) Pursuant to a written request by a local
31 government, state agency, or federal agency, in the
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hsa0005 02:47 pm 01083-sa -874155
HOUSE AMENDMENT
Bill No. HB 1083 Barcode 874155
Amendment No. ___ (for drafter's use only)
1 furtherance of its official duties; and, unless otherwise
2 required in the performance of their duties, the identity of
3 the deceased shall remain confidential and exempt.
4 (2) Any person may petition the court for an order to
5 make the photographs and video recordings available for
6 inspection. Pursuant to such a public records petition, and
7 the petitioner's showing of good cause, the court may
8 authorize inspection pursuant to the terms and conditions
9 which it deems appropriate, but shall not authorize copying;
10 provided that the surviving spouse is given reasonable notice
11 of the petition, and a copy of the petition, and reasonable
12 notice of the opportunity to be present and heard at any
13 hearing on the matter. If there is no surviving spouse, then
14 such notice must be given to the deceased's parents, and if
15 the deceased has no living parents, then to the adult children
16 of the deceased.
17 In determining good cause the court shall consider:
18 a) The necessity of the viewing in determining
19 governmental accountability;
20 b) The ramifications of the viewing with respect to
21 the family's right to privacy; and
22 c) The availability of similar information in other
23 forms.
24 (3) The viewing or copying of an autopsy photograph or
25 video recording pursuant to this section shall be under the
26 direct supervision of the custodian of the record or his or
27 her designee.
28 (4) The district medical examiner or associate medical
29 examiner, in his or her official capacity, may use the
30 photographs or video recordings for the purposes of seeking
31 another expert medical opinion, for providing professional
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hsa0005 02:47 pm 01083-sa -874155
HOUSE AMENDMENT
Bill No. HB 1083 Barcode 874155
Amendment No. ___ (for drafter's use only)
1 training, for case-related medical or scientific research
2 purposes, or for other purposes solely related to the
3 accomplishment of the district or associate medical examiner's
4 duties and responsibilities. However, the identity of the
5 deceased shall remain confidential and exempt, unless a waiver
6 has been obtained as provided for in subsection (1)(a).
7 (5) Any person who willfully or knowingly violates
8 this section commits a felony of the third degree, punishable
9 as provided in ss. 775.082, 775.083, or 775.084.
10 (6) This exemption shall be given retroactive
11 application. This section is subject to the Open Government
12 Sunset Review Act of 1995 in accordance with s. 119.15, and
13 shall stand repealed on October 2, 2006, unless reviewed and
14 saved from repeal through reenactment by the Legislature.
15 Section 2. The Legislature finds that it is a public
16 necessity that photographs or video recordings of an autopsy
17 be made confidential and exempt. Photographs or video
18 recordings of an autopsy are highly sensitive, graphic
19 depictions of the deceased, which, if viewed, copied, or
20 publicized, could result in trauma, sorrow, humiliation, or
21 emotional injury to the immediate family of the deceased, and
22 is an invasion of that family's privacy, as well as injurious
23 to the memories of the deceased. Furthermore, the Legislature
24 finds that the existence of the World Wide Web and the
25 proliferation of personal computers throughout the world
26 encourages and promotes the worldwide dissemination of
27 photographs and video recordings 24 hours a day, and that
28 widespread dissemination of autopsy photographs and video
29 recordings would subject the immediate family of the deceased
30 to continuous injury. The Legislature further finds that
31 there are other types of available information, such as the
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hsa0005 02:47 pm 01083-sa -874155
HOUSE AMENDMENT
Bill No. HB 1083 Barcode 874155
Amendment No. ___ (for drafter's use only)
1 autopsy report, which is less intrusive and injurious to the
2 immediate family member of the deceased but which continues to
3 provide for public oversight. Furthermore, the Legislature
4 finds that it is a public necessity that the exemption
5 provided in this act be given retroactive application because
6 it is remedial in nature and it furthers the public policy
7 embodied in s. 382.008, that all information on the death
8 certificate relating to the cause of death is confidential.
9 Section 3. This act shall take effect upon becoming a
10 law and shall apply to all autopsy photographs and video
11 recordings in the custody of a district medical examiner,
12 whether made before or after the effective date of this act.
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16 And the title is amended as follows:
17 On page 1, lines 3 through 7,
18 remove from the title of the bill: all of said lines
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20 and insert in lieu thereof:
21 exemption from public records requirements for
22 photographs and video recordings of an autopsy;
23 providing exceptions; providing a
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