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