Florida Senate - 2022                             CS for SB 1550
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senators Perry and Book
       
       
       
       
       586-02299-22                                          20221550c1
    1                        A bill to be entitled                      
    2         An act relating to public records; providing a short
    3         title; amending s. 406.135, F.S.; revising the
    4         definition of the term “medical examiner”; defining
    5         the term “minor”; creating an exemption from public
    6         records requirements for autopsy reports of minors
    7         whose deaths were related to acts of domestic
    8         violence; providing an exception; providing additional
    9         exceptions to the exemption; providing that any
   10         viewing, copying, or handling of such autopsy reports
   11         be under the direct supervision of the custodian of
   12         records or his or her designee; requiring that certain
   13         surviving parents of a minor child whose death was
   14         related to domestic violence be given notice of
   15         petitions to view or copy the minor child’s autopsy
   16         report and of the opportunity to be present and heard
   17         at the related hearings under certain circumstances;
   18         providing penalties; providing for retroactive
   19         application; providing for future legislative review
   20         and repeal of the exemption; providing a statement of
   21         public necessity; providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. This act may be cited as the “Rex and Brody
   26  Reinhart Act.”
   27         Section 2. Section 406.135, Florida Statutes, is amended to
   28  read:
   29         406.135 Autopsies; confidentiality of photographs and video
   30  and audio recordings; confidentiality of reports of child
   31  victims of domestic violence; exemption.—
   32         (1) As used in For the purpose of this section, the term:
   33         (a) “Medical examiner” means any district medical examiner,
   34  associate medical examiner, or substitute medical examiner
   35  acting pursuant to this chapter, as well as any employee,
   36  deputy, or agent of a medical examiner or any other person who
   37  may obtain possession of a report, photograph, or audio or video
   38  recording of an autopsy in the course of assisting a medical
   39  examiner in the performance of his or her official duties.
   40         (b)“Minor” means a person younger than 18 years of age who
   41  has not had the disability of nonage removed pursuant to s.
   42  743.01 or s. 743.015.
   43         (2) A photograph or video or audio recording of an autopsy
   44  held by a medical examiner is confidential and exempt from s.
   45  119.07(1) and s. 24(a), Art. I of the State Constitution, except
   46  that a surviving spouse may view and copy a photograph or video
   47  recording or listen to or copy an audio recording of the
   48  deceased spouse’s autopsy. If there is no surviving spouse, then
   49  the surviving parents shall have access to such records. If
   50  there is no surviving spouse or parent, then an adult child
   51  shall have access to such records.
   52         (3) An autopsy report of a minor whose death was related to
   53  an act of domestic violence as defined in s. 741.28 held by a
   54  medical examiner is confidential and exempt from s. 119.07(1)
   55  and s. 24(a), Art. I of the State Constitution, except that a
   56  surviving parent of the deceased minor may view and copy the
   57  report if he or she is not the parent who committed the act of
   58  domestic violence which led to the minor’s death.
   59         (4)(a) The deceased’s surviving relative, with whom
   60  authority rests to obtain such records, may designate in writing
   61  an agent to obtain such records.
   62         (b) A local governmental entity, or a state or federal
   63  agency, in furtherance of its official duties, pursuant to a
   64  written request, may view or copy a photograph or video
   65  recording of an autopsy or an autopsy report of a minor or may
   66  listen to or copy an audio recording of an autopsy, and unless
   67  otherwise required in the performance of official their duties,
   68  the identity of the deceased shall remain confidential and
   69  exempt.
   70         (c) The custodian of the record, or his or her designee,
   71  may not permit any other person, except an agent designated in
   72  writing by the deceased’s surviving relative with whom authority
   73  rests to obtain such records, to view or copy such photograph,
   74  or video recording, or autopsy report of a minor or listen to or
   75  copy an audio recording without a court order.
   76         (5)(a)(4)(a) The court, upon a showing of good cause, may
   77  issue an order authorizing any person to view or copy a
   78  photograph or video recording of an autopsy or an autopsy report
   79  of a minor or to listen to or copy an audio recording of an
   80  autopsy and may prescribe any restrictions or stipulations that
   81  the court deems appropriate.
   82         (b) In determining good cause, the court shall consider
   83  whether such disclosure is necessary for the public evaluation
   84  of governmental performance; the seriousness of the intrusion
   85  into the family’s right to privacy and whether such disclosure
   86  is the least intrusive means available; and the availability of
   87  similar information in other public records, regardless of form.
   88         (c) In all cases, the viewing, copying, listening to, or
   89  other handling of a photograph or video or audio recording of an
   90  autopsy or an autopsy report of a minor must be under the direct
   91  supervision of the custodian of the record or his or her
   92  designee.
   93         (6)(5) A surviving spouse must shall be given reasonable
   94  notice of a petition filed with the court to view or copy a
   95  photograph or video recording of an autopsy or a petition to
   96  listen to or copy an audio recording, a copy of such petition,
   97  and reasonable notice of the opportunity to be present and heard
   98  at any hearing on the matter. If there is no surviving spouse,
   99  then such notice must be given to the parents of the deceased,
  100  and if the deceased has no living parent, then to the adult
  101  children of the deceased.
  102         (7)For a report of an autopsy of a minor whose death was
  103  related to an act of domestic violence as defined in s. 741.28,
  104  any surviving parent who did not commit the act of domestic
  105  violence which led to the minor’s death must be given reasonable
  106  notice of a petition filed with the court to view or copy the
  107  report, a copy of such petition, and reasonable notice of the
  108  opportunity to be present and heard at any hearing on the
  109  matter.
  110         (8)(a)(6)(a) Any custodian of a photograph or video or
  111  audio recording of an autopsy or an autopsy report of a minor
  112  who willfully and knowingly violates this section commits a
  113  felony of the third degree, punishable as provided in s.
  114  775.082, s. 775.083, or s. 775.084.
  115         (b) Any person who willfully and knowingly violates a court
  116  order issued pursuant to this section commits a felony of the
  117  third degree, punishable as provided in s. 775.082, s. 775.083,
  118  or s. 775.084.
  119         (9)(7) A criminal or administrative proceeding is exempt
  120  from this section, but unless otherwise exempted, is subject to
  121  all other provisions of chapter 119 unless otherwise exempted.,
  122  provided however that This section does not prohibit a court in
  123  a criminal or administrative proceeding upon good cause shown
  124  from restricting or otherwise controlling the disclosure of an
  125  autopsy, crime scene, or similar report, photograph, or video or
  126  audio recordings in the manner prescribed herein.
  127         (10)(8)The exemptions in this section This exemption shall
  128  be given retroactive application.
  129         (11)This section is subject to the Open Government Sunset
  130  Review Act in accordance with s. 119.15 and shall stand repealed
  131  on October 2, 2027, unless reviewed and saved from repeal
  132  through reenactment by the Legislature.
  133         Section 3. The Legislature finds that it is a public
  134  necessity that autopsy reports for minor children whose deaths
  135  were related to acts of domestic violence be made confidential
  136  and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
  137  Article I of the State Constitution. The Legislature finds that
  138  autopsy reports describe the deceased in graphic and often
  139  disturbing fashion and that autopsy reports for minor children
  140  who were victims of domestic violence may describe the deceased
  141  nude, bruised, bloodied, broken, with bullet or other wounds,
  142  cut open, dismembered, or decapitated. As such, these reports
  143  often contain highly sensitive descriptions of the deceased
  144  which, if heard, viewed, copied, or publicized, could result in
  145  trauma, sorrow, humiliation, or emotional injury to the
  146  immediate family of the deceased and the deceased’s minor
  147  friends, as well as injury to the memory of the deceased. The
  148  Legislature recognizes that the existence of the Internet and
  149  the proliferation of websites throughout the world encourages
  150  and promotes the wide dissemination of reports and publications
  151  24 hours a day and that widespread unauthorized dissemination of
  152  autopsy reports for minor children whose deaths were related to
  153  acts of domestic violence would subject the immediate family and
  154  the minor friends of the deceased to continuous injury. The
  155  Legislature further finds that the exemption provided in this
  156  act should be given retroactive application because it is
  157  remedial in nature.
  158         Section 4. This act shall take effect upon becoming a law.