Florida Senate - 2023 SB 404
By Senator Perry
9-00572A-23 2023404__
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 exceptions; requiring that any
9 viewing, copying, or other handling of such autopsy
10 reports be under the direct supervision of the
11 custodian of the record or his or her designee;
12 requiring that certain surviving parents of a minor
13 whose death was related to an act of domestic violence
14 be given notice of petitions to view or copy the
15 minor’s autopsy report and the opportunity to be
16 present and heard at related hearings under certain
17 circumstances; providing penalties; providing
18 construction; providing for retroactive application;
19 providing for future legislative review and repeal of
20 the exemption; providing a statement of public
21 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 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 minor
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) A photograph or video or audio recording of an
44 autopsy held by a medical examiner is confidential and exempt
45 from s. 119.07(1) and s. 24(a), Art. I of the State
46 Constitution, except that a surviving spouse may view and copy a
47 photograph or video recording or listen to or copy an audio
48 recording of the deceased spouse’s autopsy. If there is no
49 surviving spouse, then the surviving parents shall have access
50 to such records. If there is no surviving spouse or parent, then
51 an adult child shall have access to such records.
52 (b) 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 the surviving parent did not commit the act of
58 domestic violence which led to the minor’s death.
59 (3)(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 a minor’s autopsy report 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 minor’s autopsy report or listen to or
75 copy an audio recording without a court order.
76 (4)(a) The court, upon a showing of good cause, may issue
77 an order authorizing any person to view or copy a photograph or
78 video recording of an autopsy or a minor’s autopsy report or to
79 listen to or copy an audio recording of an autopsy and may
80 prescribe any restrictions or stipulations that the court deems
81 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 a minor’s autopsy report must be under the direct
91 supervision of the custodian of the record or his or her
92 designee.
93 (5)(a) 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 there is the deceased has no living parent, then to the
101 adult children of the deceased.
102 (b) For an autopsy report 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 (6)(a) Any custodian of a photograph or video or audio
111 recording of an autopsy or a minor’s autopsy report who
112 willfully and knowingly violates this section commits a felony
113 of the third degree, punishable as provided in s. 775.082, s.
114 775.083, 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 (7) A criminal or administrative proceeding is exempt from
120 this section, but unless otherwise exempted, is subject to all
121 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 recording recordings in the manner prescribed herein.
127 (8) The exemptions in this section This exemption shall be
128 given retroactive application.
129 (9) 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, 2028, 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 of minors whose deaths were
135 related to acts of domestic violence be made confidential and
136 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 a graphic and often
139 disturbing fashion and that autopsy reports of minors whose
140 deaths were related to acts of domestic violence may describe
141 the deceased nude, bruised, bloodied, broken, with bullet or
142 other wounds, cut open, dismembered, or decapitated. As such,
143 these reports often contain highly sensitive descriptions of the
144 deceased which, if heard, viewed, copied, or publicized, could
145 result in trauma, sorrow, humiliation, or emotional injury to
146 the immediate family and minor friends of the deceased, as well
147 as injury to the memory of the deceased. The Legislature
148 recognizes that the existence of the Internet and the
149 proliferation of websites throughout the world encourages and
150 promotes the wide dissemination of reports and publications 24
151 hours a day, and that widespread unauthorized dissemination of
152 autopsy reports of minors whose deaths were related to acts of
153 domestic violence would subject the immediate family and minor
154 friends of the deceased to continuous injury. The Legislature
155 further finds that the exemption provided in this act should be
156 given retroactive application because it is remedial in nature.
157 Section 4. This act shall take effect upon becoming a law.