Florida Senate - 2024                                     SB 474
       
       
        
       By Senator Grall
       
       
       
       
       
       29-00374A-24                                           2024474__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; defining the term “suicide of a
    4         person”; creating an exemption from public records
    5         requirements for a photograph or video or audio
    6         recording of the suicide of a person; providing
    7         exceptions; requiring that any viewing, copying,
    8         listening to, or other handling of such photograph or
    9         video or audio recording be under the direct
   10         supervision of the custodian of the record or his or
   11         her designee; providing criminal penalties; providing
   12         construction; providing for retroactive application;
   13         providing for future legislative review and repeal of
   14         the exemption; providing a statement of public
   15         necessity; amending s. 406.135, F.S.; creating an
   16         exemption from public records requirements for autopsy
   17         reports of suicide victims; providing exceptions;
   18         requiring that any viewing, copying, listening to, or
   19         other handling of such autopsy reports be under the
   20         direct supervision of the custodian of the record or
   21         his or her designee; providing criminal penalties;
   22         providing construction; providing for retroactive
   23         application; providing for future legislative review
   24         and repeal of the exemption; providing a statement of
   25         public necessity; providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Paragraph (p) of subsection (2) of section
   30  119.071, Florida Statutes, is amended to read:
   31         119.071 General exemptions from inspection or copying of
   32  public records.—
   33         (2) AGENCY INVESTIGATIONS.—
   34         (p)1. As used in this paragraph, the term:
   35         a. “Killing of a law enforcement officer who was acting in
   36  accordance with his or her official duties” means all acts or
   37  events that cause or otherwise relate to the death of a law
   38  enforcement officer who was acting in accordance with his or her
   39  official duties, including any related acts or events
   40  immediately preceding or subsequent to the acts or events that
   41  were the proximate cause of death.
   42         b. “Killing of a minor” means all acts or events that cause
   43  or otherwise relate to the death of a victim who has not yet
   44  reached the age of 18 at the time of the death, including any
   45  related acts or events immediately preceding or subsequent to
   46  the acts or events that were the proximate cause of the death of
   47  a victim under the age of 18, events that depict a victim under
   48  the age of 18 being killed, or events that depict the body of a
   49  victim under the age of 18 who has been killed.
   50         c. “Killing of a victim of mass violence” means events that
   51  depict either a victim being killed or the body of a victim
   52  killed in an incident in which three or more persons, not
   53  including the perpetrator, are killed by the perpetrator of an
   54  intentional act of violence.
   55         d.“Suicide of a person” means events that depict the
   56  suicide of a person, the body of a person whose manner of death
   57  was suicide, or any portion of such person’s body.
   58         2.a. A photograph or video or audio recording that depicts
   59  or records the killing of a law enforcement officer who was
   60  acting in accordance with his or her official duties or the
   61  killing of a victim of mass violence is confidential and exempt
   62  from s. 119.07(1) and s. 24(a), Art. I of the State
   63  Constitution, except that a surviving spouse of the decedent may
   64  view and copy any such photograph or video recording or listen
   65  to or copy any such audio recording. If there is no surviving
   66  spouse, the surviving parents shall have access to such records.
   67  If there is no surviving spouse or parent, the adult children
   68  shall have access to such records. Nothing in this sub
   69  subparagraph precludes a surviving spouse, parent, or adult
   70  child of the victim from sharing or publicly releasing such
   71  photograph or video or audio recording.
   72         b. A photograph or video or audio recording that depicts or
   73  records the killing of a minor is confidential and exempt from
   74  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
   75  except that a surviving parent of the deceased minor may view
   76  and copy any such photograph or video recording or listen to or
   77  copy any such audio recording. Nothing in this sub-subparagraph
   78  precludes a surviving parent of the victim from sharing or
   79  publicly releasing such photograph or video or audio recording.
   80         c.A photograph or video or audio recording that depicts or
   81  records the suicide of a person is confidential and exempt from
   82  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
   83  except that a surviving spouse of the deceased may view and copy
   84  any such photograph or video recording or listen to or copy any
   85  such audio recording. If there is no surviving spouse, the
   86  surviving parents must have access to such records. If there is
   87  no surviving spouse or parent, the adult children and siblings
   88  must have access to such records. This section does not preclude
   89  a surviving spouse, parent, adult child, or sibling of the
   90  victim from sharing or publicly releasing such photograph or
   91  video or audio recording.
   92         3.a. The deceased’s surviving relative, with whom authority
   93  rests to obtain such records, may designate in writing an agent
   94  to obtain such records.
   95         b. Notwithstanding subparagraph 2., a local governmental
   96  entity, or a state or federal agency, in furtherance of its
   97  official duties, pursuant to a written request, may view or copy
   98  a photograph or video recording or may listen to or copy an
   99  audio recording of the killing of a law enforcement officer who
  100  was acting in accordance with his or her official duties, the
  101  killing of a victim of mass violence, or the killing of a minor,
  102  or the suicide of a person, and, unless otherwise required in
  103  the performance of its duties, the identity of the deceased
  104  shall remain confidential and exempt.
  105         c. The custodian of the record, or his or her designee, may
  106  not permit any other person to view or copy such photograph or
  107  video recording or listen to or copy such audio recording
  108  without a court order.
  109         4.a. The court, upon a showing of good cause, may issue an
  110  order authorizing any person to view or copy a photograph or
  111  video recording that depicts or records the killing of a law
  112  enforcement officer who was acting in accordance with his or her
  113  official duties, the killing of a victim of mass violence, or
  114  the killing of a minor, or the suicide of a person or to listen
  115  to or copy an audio recording that depicts or records the
  116  killing of a law enforcement officer who was acting in
  117  accordance with his or her official duties, the killing of a
  118  victim of mass violence, or the killing of a minor, or the
  119  suicide of a person and may prescribe any restrictions or
  120  stipulations that the court deems appropriate.
  121         b. In determining good cause, the court shall consider:
  122         (I) Whether such disclosure is necessary for the public
  123  evaluation of governmental performance;
  124         (II) The seriousness of the intrusion into the family’s
  125  right to privacy and whether such disclosure is the least
  126  intrusive means available; and
  127         (III) The availability of similar information in other
  128  public records, regardless of form.
  129         c. In all cases, the viewing, copying, listening to, or
  130  other handling of a photograph or video or audio recording that
  131  depicts or records the killing of a law enforcement officer who
  132  was acting in accordance with his or her official duties, the
  133  killing of a victim of mass violence, or the killing of a minor,
  134  or the suicide of a person must be under the direct supervision
  135  of the custodian of the record or his or her designee.
  136         5.a. A surviving spouse shall be given reasonable notice of
  137  a petition filed with the court to view or copy a photograph or
  138  video recording that depicts or records the killing of a law
  139  enforcement officer who was acting in accordance with his or her
  140  official duties or the killing of a victim of mass violence, or
  141  to listen to or copy any such audio recording, a copy of such
  142  petition, and reasonable notice of the opportunity to be present
  143  and heard at any hearing on the matter. If there is no surviving
  144  spouse, such notice must be given to the parents of the deceased
  145  and, if there is no surviving parent, to the adult children of
  146  the deceased.
  147         b. A surviving parent must be given reasonable notice of a
  148  petition filed with the court to view or copy a photograph or
  149  video recording that depicts or records the killing of a minor
  150  or to listen to or copy any such audio recording; a copy of such
  151  petition; and reasonable notice of the opportunity to be present
  152  and heard at any hearing on the matter.
  153         6.a. Any custodian of a photograph or video or audio
  154  recording that depicts or records the killing of a law
  155  enforcement officer who was acting in accordance with his or her
  156  official duties, the killing of a victim of mass violence, or
  157  the killing of a minor, or the suicide of a person who willfully
  158  and knowingly violates this paragraph commits a felony of the
  159  third degree, punishable as provided in s. 775.082, s. 775.083,
  160  or s. 775.084.
  161         b. Any person who willfully and knowingly violates a court
  162  order issued pursuant to this paragraph commits a felony of the
  163  third degree, punishable as provided in s. 775.082, s. 775.083,
  164  or s. 775.084.
  165         c. A criminal or administrative proceeding is exempt from
  166  this paragraph but, unless otherwise exempted, is subject to all
  167  other provisions of chapter 119; however, this paragraph does
  168  not prohibit a court in a criminal or administrative proceeding
  169  upon good cause shown from restricting or otherwise controlling
  170  the disclosure of a killing, crime scene, or similar photograph
  171  or video or audio recording in the manner prescribed in this
  172  paragraph.
  173         7. The exemptions exemption in this paragraph shall be
  174  given retroactive application and shall apply to all photographs
  175  or video or audio recordings that depict or record the killing
  176  of a law enforcement officer who was acting in accordance with
  177  his or her official duties, the killing of a victim of mass
  178  violence, or the killing of a minor, or the suicide of a person,
  179  regardless of whether the killing of the person occurred before,
  180  on, or after May 23, 2019. However, nothing in this paragraph is
  181  intended to, nor may be construed to, overturn or abrogate or
  182  alter any existing orders duly entered into by any court of this
  183  state, as of the effective date of this act, which restrict or
  184  limit access to any photographs or video or audio recordings
  185  that depict or record the killing of a law enforcement officer
  186  who was acting in accordance with his or her official duties,
  187  the killing of a victim of mass violence, or the killing of a
  188  minor, or the suicide of a person.
  189         8. This paragraph applies only to such photographs and
  190  video and audio recordings held by an agency.
  191         9. This paragraph is subject to the Open Government Sunset
  192  Review Act in accordance with s. 119.15 and shall stand repealed
  193  on October 2, 2029 2028, unless reviewed and saved from repeal
  194  through reenactment by the Legislature.
  195         Section 2. The Legislature finds that it is a public
  196  necessity that photographs, video, and audio recordings that
  197  depict or record the suicide of a person be made confidential
  198  and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
  199  Article I of the State Constitution and that such exemption be
  200  applied retroactively. The Legislature finds that photographs,
  201  video, and audio recordings that depict or record the suicide of
  202  a person render graphic and often disturbing visual or aural
  203  representations of the deceased. Such photographs, video, and
  204  audio recordings provide a view of the deceased in the final
  205  moments of life, in which they are often experiencing severe
  206  symptoms of depression or other mental illness, and may depict
  207  graphic and gruesome self-inflicted wounds. As such,
  208  photographs, video, and audio recordings that depict or record
  209  the suicide of a person are highly sensitive representations of
  210  the deceased which, if heard, viewed, copied, or publicized,
  211  could result in trauma, sorrow, humiliation, or emotional injury
  212  to the immediate family of the deceased and detract from the
  213  memory of the deceased. The Legislature recognizes that the
  214  existence of the Internet and the proliferation of personal
  215  computers and cellular telephones throughout the world
  216  encourages and promotes the wide dissemination of such
  217  photographs, video, and audio recordings and that widespread
  218  unauthorized dissemination of such photographs, video, and audio
  219  recordings would subject the immediate family of the deceased to
  220  continuous injury. The Legislature further finds that such
  221  photographs, video, and audio recordings that depict or record
  222  the suicide of a person are harmful to the public. The release
  223  of such photographs, video, and audio recordings may trigger
  224  persons who have a mental illness or who are experiencing severe
  225  depression to consider suicide.
  226         Section 3. Section 406.135, Florida Statutes, is amended to
  227  read:
  228         406.135 Autopsies; confidentiality of photographs and video
  229  and audio recordings; confidentiality of reports of minor
  230  victims of domestic violence; exemption.—
  231         (1) As used in this section, the term:
  232         (a) “Domestic violence” has the same meaning as in s.
  233  741.28.
  234         (b) “Medical examiner” means any district medical examiner,
  235  associate medical examiner, or substitute medical examiner
  236  acting pursuant to this chapter, as well as any employee,
  237  deputy, or agent of a medical examiner or any other person who
  238  may obtain possession of a report, photograph, or audio or video
  239  recording of an autopsy in the course of assisting a medical
  240  examiner in the performance of his or her official duties.
  241         (c) “Minor” means a person younger than 18 years of age who
  242  has not had the disability of nonage removed pursuant to s.
  243  743.01 or s. 743.015.
  244         (2)(a) A photograph or video or audio recording of an
  245  autopsy held by a medical examiner is confidential and exempt
  246  from s. 119.07(1) and s. 24(a), Art. I of the State
  247  Constitution, except that a surviving spouse may view and copy a
  248  photograph or video recording or listen to or copy an audio
  249  recording of the deceased spouse’s autopsy. If there is no
  250  surviving spouse, then the surviving parents shall have access
  251  to such records. If there is no surviving spouse or parent, then
  252  an adult child shall have access to such records.
  253         (b) An autopsy report of a minor whose death was related to
  254  an act of domestic violence held by a medical examiner is
  255  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  256  of the State Constitution, except that a surviving parent of the
  257  deceased minor may view and copy the autopsy report if the
  258  surviving parent did not commit the act of domestic violence
  259  which led to the minor’s death.
  260         (c)An autopsy report of a person whose manner of death was
  261  suicide held by a medical examiner is confidential and exempt
  262  from s. 119.07(1) and s. 24(a), Art. I of the State
  263  Constitution, except that a surviving spouse of the deceased may
  264  view and copy the autopsy report. If there is no surviving
  265  spouse, the surviving parents must have access to such records.
  266  If there is no surviving spouse or parent, the adult children
  267  and siblings must have access to such records.
  268         (3)(a) The deceased’s surviving relative, with whom
  269  authority rests to obtain such records, may designate in writing
  270  an agent to obtain such records.
  271         (b) Notwithstanding subsection (2), a local governmental
  272  entity, or a state or federal agency, in furtherance of its
  273  official duties, pursuant to a written request, may:
  274         1. View or copy a photograph or video recording or may
  275  listen to or copy an audio recording of an autopsy; and
  276         2. View or copy an autopsy report of a minor whose death
  277  was related to an act of domestic violence; and.
  278         3.View or copy an autopsy report of a person whose manner
  279  of death was determined by a medical examiner to have been by
  280  suicide.
  281  
  282  Unless otherwise required in the performance of official duties,
  283  the identity of the deceased shall remain confidential and
  284  exempt.
  285         (c) The custodian of the record, or his or her designee,
  286  may not permit any other person, except an agent designated in
  287  writing by the deceased’s surviving relative with whom authority
  288  rests to obtain such records, to view or copy an autopsy report
  289  of a person whose manner of death was determined by a medical
  290  examiner to have been by suicide, an autopsy report of a minor
  291  whose death was related to an act of domestic violence or a
  292  photograph or video recording of an autopsy or listen to or copy
  293  an audio recording of an autopsy without a court order.
  294         (4)(a) The court, upon a showing of good cause, may issue
  295  an order authorizing any person to view or copy an autopsy
  296  report of a person whose manner of death was determined by a
  297  medical examiner to have been by suicide, an autopsy report of a
  298  minor whose death was related to an act of domestic violence or
  299  a photograph or video recording of an autopsy or to listen to or
  300  copy an audio recording of an autopsy and may prescribe any
  301  restrictions or stipulations that the court deems appropriate.
  302         (b) In determining good cause, the court shall consider
  303  whether such disclosure is necessary for the public evaluation
  304  of governmental performance; the seriousness of the intrusion
  305  into the family’s right to privacy and whether such disclosure
  306  is the least intrusive means available; and the availability of
  307  similar information in other public records, regardless of form.
  308         (c) In all cases, the viewing, copying, listening to, or
  309  other handling of an autopsy report of a person whose manner of
  310  death was determined by a medical examiner to have been by
  311  suicide, an autopsy report of a minor whose death was related to
  312  an act of domestic violence or a photograph or video or audio
  313  recording of an autopsy must be under the direct supervision of
  314  the custodian of the record or his or her designee.
  315         (5)(a) A surviving spouse must be given reasonable notice
  316  of a petition filed with the court to view or copy a photograph
  317  or video recording of an autopsy or a petition to listen to or
  318  copy an audio recording, a copy of such petition, and reasonable
  319  notice of the opportunity to be present and heard at any hearing
  320  on the matter. If there is no surviving spouse, then such notice
  321  must be given to the parents of the deceased, and if there is no
  322  living parent, then to the adult children of the deceased.
  323         (b) For an autopsy report of a minor whose death was
  324  related to an act of domestic violence, any surviving parent who
  325  did not commit the act of domestic violence which led to the
  326  minor’s death must be given reasonable notice of a petition
  327  filed with the court to view or copy the autopsy report, a copy
  328  of such petition, and reasonable notice of the opportunity to be
  329  present and heard at any hearing on the matter.
  330         (6)(a) Any custodian of an autopsy report of a person whose
  331  manner of death was determined by a medical examiner to have
  332  been by suicide, an autopsy report of a minor whose death was
  333  related to an act of domestic violence or a photograph or video
  334  or audio recording of an autopsy who willfully and knowingly
  335  violates this section commits a felony of the third degree,
  336  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  337         (b) Any person who willfully and knowingly violates a court
  338  order issued pursuant to this section commits a felony of the
  339  third degree, punishable as provided in s. 775.082, s. 775.083,
  340  or s. 775.084.
  341         (7) A criminal or administrative proceeding is exempt from
  342  this section but is subject to all other provisions of chapter
  343  119 unless otherwise exempted. This section does not prohibit a
  344  court in a criminal or administrative proceeding upon good cause
  345  shown from restricting or otherwise controlling the disclosure
  346  of an autopsy, crime scene, or similar report, photograph, or
  347  video or audio recording in the manner prescribed herein.
  348         (8) The exemptions in this section shall be given
  349  retroactive application.
  350         (9) This section is subject to the Open Government Sunset
  351  Review Act in accordance with s. 119.15 and shall stand repealed
  352  on October 2, 2029 2028, unless reviewed and saved from repeal
  353  through reenactment by the Legislature.
  354         Section 4. The Legislature finds that it is a public
  355  necessity that autopsy reports of a person whose manner of death
  356  was suicide which are held by a medical examiner be made
  357  confidential and exempt from s. 119.07(1), Florida Statutes, and
  358  s. 24(a), Article I of the State Constitution. The Legislature
  359  finds that autopsy reports describe the deceased in a graphic
  360  and often disturbing fashion and that autopsy reports of a
  361  person whose manner of death was suicide may describe the
  362  deceased with graphic and gruesome self-inflicted wounds. As
  363  such, these reports often contain highly sensitive descriptions
  364  of the deceased which if heard, viewed, copied, or publicized
  365  could result in trauma, sorrow, humiliation, or emotional injury
  366  to the immediate family of the deceased and detract from the
  367  memory of the deceased. The Legislature recognizes that the
  368  existence of the Internet and the proliferation of personal
  369  computers and cellular telephones throughout the world
  370  encourages and promotes the wide dissemination of such reports
  371  and that widespread unauthorized dissemination of such reports
  372  would subject the immediate family of the deceased to continuous
  373  injury. The Legislature further finds that the exemption
  374  provided in this act should be given retroactive application
  375  because it is remedial in nature.
  376         Section 5. This act shall take effect upon becoming a law.