Senate Bill sb1356
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Florida Senate - 2001 SB 1356
By Senators King and Posey
8-1437B-01
1 A bill to be entitled
2 An act relating to public records; providing an
3 exemption from the public records law for
4 photographs and video recordings of an autopsy;
5 providing for access by a state or federal
6 agency as provided by law and in furtherance of
7 the agency's statutory duties; providing a
8 penalty; providing for future legislative
9 review and repeal; providing a finding of
10 public necessity; providing an effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. (1) A photograph or video recording of an
15 autopsy is confidential and exempt from the requirements of
16 section 119.07(1), Florida Statutes, and Section 24(a) of
17 Article I of the State Constitution. Notwithstanding this
18 section, the custodian of a photograph or video recording of
19 an autopsy shall grant a state or federal agency access to the
20 photograph or video recording as provided by law and in
21 furtherance of the agency's statutory duties.
22 (2) Any person who violates this section commits a
23 felony of the third degree, punishable as provided in section
24 775.082, section 775.083, or section 775.085, Florida
25 Statutes.
26 (3) This section is subject to the Open Government
27 Sunset Review Act of 1995 in accordance with section 119.15,
28 Florida Statutes, and shall stand repealed on October 2, 2006,
29 unless reviewed and saved from repeal through reenactment by
30 the Legislature.
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Florida Senate - 2001 SB 1356
8-1437B-01
1 Section 2. The Legislature finds that photographs or
2 video recordings of an autopsy show the deceased in graphic
3 and often disturbing fashion. Such photographs or video
4 recordings may depict the deceased nude, bruised, bloodied,
5 broken, with bullet or other wounds, cut open, dismembered, or
6 decapitated. As such, photographs or video recordings of an
7 autopsy are highly sensitive depictions of the deceased which,
8 if copied and publicized, could result in trauma, sorrow,
9 humiliation, or emotional injury to the immediate family of
10 the deceased, as well as injury to the memory of the deceased.
11 The Legislature notes that the existence of the World Wide Web
12 and the proliferation of personal computers throughout the
13 world encourages and promotes the wide dissemination of
14 photographs and video recordings 24 hours a day and that
15 widespread dissemination of autopsy photographs and video
16 recordings would subject the immediate family of the deceased
17 to continuous injury. The Legislature further notes that there
18 continues to be other types of available information, such as
19 the autopsy report, which are less intrusive and injurious to
20 the immediate family members of the deceased but which
21 continue to provide for public oversight. Given the likelihood
22 of injury to immediate family members by the dissemination of
23 autopsy photographs and video recordings and the availability
24 of less intrusive means of providing public oversight, the
25 Legislature finds that it is a public necessity that
26 photographs or video recordings of an autopsy be made
27 confidential and exempt from section 119.07(1) and Section
28 24(a) of Article I of the State Constitution.
29 Section 3. This act shall take effect upon becoming a
30 law.
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Florida Senate - 2001 SB 1356
8-1437B-01
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2 SENATE SUMMARY
3 Provides that photographs and video recordings of an
autopsy are exempt from the public records law. Provides
4 for access to a photograph or video recording by a state
or federal agency as provided by law. Provides that a
5 violation of the act is a third-degree felony. Provides
for future legislative review and repeal.
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