Florida Senate - 2016                                    SB 7022
       
       
        
       By the Committee on Criminal Justice
       
       591-02917-16                                          20167022__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 406.136, F.S., which
    4         provides an exemption from public records requirements
    5         for a photograph or video or audio recording held by
    6         an agency that depicts or records the killing of a
    7         person; narrowing the exemption to depictions or
    8         recordings of the killing of a law enforcement officer
    9         who was acting in accordance with his or her official
   10         duties; removing the scheduled repeal of the
   11         exemption; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 406.136, Florida Statutes, is amended to
   16  read:
   17         406.136 A photograph or video or audio recording that
   18  depicts or records the killing of a law enforcement officer who
   19  was acting in accordance with his or her official duties a
   20  person.—
   21         (1) As used in this section, the term “killing of a law
   22  enforcement officer who was acting in accordance with his or her
   23  official duties” “killing of a person” means all acts or events
   24  that cause or otherwise relate to the death of a law enforcement
   25  officer who was acting in accordance with his or her official
   26  duties any human being, including any related acts or events
   27  immediately preceding or subsequent to the acts or events that
   28  were the proximate cause of death.
   29         (2) A photograph or video or audio recording that depicts
   30  or records the killing of a law enforcement officer who was
   31  acting in accordance with his or her official duties a person is
   32  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   33  of the State Constitution, except that a surviving spouse of the
   34  decedent may view and copy any such photograph or video
   35  recording or listen to or copy any such audio recording. If
   36  there is no surviving spouse, then the surviving parents shall
   37  have access to such records. If there is no surviving spouse or
   38  parent, then an adult child shall have access to such records.
   39         (3)(a) The deceased’s surviving relative, with whom
   40  authority rests to obtain such records, may designate in writing
   41  an agent to obtain such records.
   42         (b) A local governmental entity, or a state or federal
   43  agency, in furtherance of its official duties, pursuant to a
   44  written request, may view or copy a photograph or video
   45  recording or may listen to or copy an audio recording of the
   46  killing of a law enforcement officer who was acting in
   47  accordance with his or her official duties a person and, unless
   48  otherwise required in the performance of their duties, the
   49  identity of the deceased shall remain confidential and exempt.
   50         (c) The custodian of the record, or his or her designee,
   51  may not permit any other person to view or copy such photograph
   52  or video recording or listen to or copy such audio recording
   53  without a court order.
   54         (4)(a) The court, upon a showing of good cause, may issue
   55  an order authorizing any person to view or copy a photograph or
   56  video recording that depicts or records the killing of a law
   57  enforcement officer who was acting in accordance with his or her
   58  official duties a person or to listen to or copy an audio
   59  recording that depicts or records the killing of a law
   60  enforcement officer who was acting in accordance with his or her
   61  official duties a person and may prescribe any restrictions or
   62  stipulations that the court deems appropriate.
   63         (b) In determining good cause, the court shall consider:
   64         1. Whether such disclosure is necessary for the public
   65  evaluation of governmental performance;
   66         2. The seriousness of the intrusion into the family’s right
   67  to privacy and whether such disclosure is the least intrusive
   68  means available; and
   69         3. The availability of similar information in other public
   70  records, regardless of form.
   71         (c) In all cases, the viewing, copying, listening to, or
   72  other handling of a photograph or video or audio recording that
   73  depicts or records the killing of a law enforcement officer who
   74  was acting in accordance with his or her official duties a
   75  person must be under the direct supervision of the custodian of
   76  the record or his or her designee.
   77         (5) A surviving spouse shall be given reasonable notice of
   78  a petition filed with the court to view or copy a photograph or
   79  video recording that depicts or records the killing of a law
   80  enforcement officer who was acting in accordance with his or her
   81  official duties a person or to listen to or copy any such audio
   82  recording, a copy of such petition, and reasonable notice of the
   83  opportunity to be present and heard at any hearing on the
   84  matter. If there is no surviving spouse, then such notice must
   85  be given to the parents of the deceased and, if the deceased has
   86  no living parent, then to the adult children of the deceased.
   87         (6)(a) Any custodian of a photograph or video or audio
   88  recording that depicts or records the killing of a law
   89  enforcement officer who was acting in accordance with his or her
   90  official duties a person who willfully and knowingly violates
   91  this 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 recordings in the
  104  manner prescribed herein.
  105         (7) This exemption shall be given retroactive application
  106  and shall apply to all photographs or video or audio recordings
  107  that depict or record the killing of a law enforcement officer
  108  who was acting in accordance with his or her official duties a
  109  person, regardless of whether the killing of the person occurred
  110  before, on, or after July 1, 2011. However, nothing herein is
  111  intended to, nor may be construed to, overturn or abrogate or
  112  alter any existing orders duly entered into by any court of this
  113  state, as of the effective date of this act, which restrict or
  114  limit access to any photographs or video or audio recordings
  115  that depict or record the killing of a law enforcement officer
  116  who was acting in accordance with his or her official duties a
  117  person.
  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, 2016, unless reviewed and saved from repeal
  123  through reenactment by the Legislature.
  124         Section 2. This act shall take effect October 1, 2016.