HB 1579 2003
1	CHAMBER ACTION
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6	The Committee on State Administration recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
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11	A bill to be entitled
12	An act relating to autopsies; amending s. 406.135, F.S.;
13	providing for certain survivors of deceased persons to
14	designate agents to view or obtain autopsy records from
15	medical examiners; providing an effective date.
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17	Be It Enacted by the Legislature of the State of Florida:
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19	Section 1. Subsection (1) of section 406.135, Florida
20	Statutes, is amended to read:
21	406.135 Autopsies; confidentiality of photographs and
22	video and audio recordings; exemption.--
23	(1) A photograph or video or audio recording of an autopsy
24	in the custody of a medical examiner is confidential and exempt
25	from the requirements of s. 119.07(1) and s. 24(a), Art. I of
26	the State Constitution, except that a surviving spouse may view
27	and copy a photograph or video or listen to or copy an audio
28	recording of the deceased spouse's autopsy. If there is no
29	surviving spouse, then the surviving parents shall have access
30	to such records. If there is no surviving spouse or parent, then
31	an adult child shall have access to such records. However, the
32	deceased's surviving relative, with whom authority rests to
33	obtain such records, may designate in writing an agent to obtain
34	such records.A local governmental entity, or a state or
35	federal agency, in furtherance of its official duties, pursuant
36	to a written request, may view or copy a photograph or video or
37	may listen to or copy an audio recording of an autopsy, and
38	unless otherwise required in the performance of their duties,
39	the identity of the deceased shall remain confidential and
40	exempt. The custodian of the record, or his or her designee, may
41	not permit any other person, except an agent designated in
42	writing by the deceased's surviving relative with whom authority
43	rests to obtain such records,to view or copy such photograph or
44	video recording or listen to or copy an audio recording without
45	a court order. For the purposes of this section, the term
46	"medical examiner" means any district medical examiner,
47	associate medical examiner, or substitute medical examiner
48	acting pursuant to this chapter, as well as any employee,
49	deputy, or agent of a medical examiner or any other person who
50	may obtain possession of a photograph or audio or video
51	recording of an autopsy in the course of assisting a medical
52	examiner in the performance of his or her official duties.
53	Section 2. This act shall take effect July 1, 2003.