Bill Text: FL S0186 | 2019 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public Records/Victim of Mass Violence

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2019-05-24 - Chapter No. 2019-46 [S0186 Detail]

Download: Florida-2019-S0186-Engrossed.html

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       SB 186                                    Second Engrossed (ntc)
       
       
       
       
       
       
       
       
       2019186e2
       
    1                        A bill to be entitled                      
    2         An act relating to public records; transferring,
    3         renumbering, and amending s. 406.136, F.S.; defining
    4         the term “killing of a victim of mass violence”;
    5         expanding an existing exemption from public records
    6         requirements for a photograph or a video or audio
    7         recording held by an agency which depicts or records
    8         the killing of a law enforcement officer to include a
    9         photograph or a video or audio recording held by an
   10         agency which depicts or records the killing of a
   11         victim of mass violence; clarifying that a surviving
   12         spouse, parent, or adult child of the victim is not
   13         precluded from publicly releasing such photograph or
   14         video or audio recording; providing criminal
   15         penalties; providing retroactive applicability;
   16         providing for future legislative review and repeal of
   17         the exemption; conforming provisions to changes made
   18         by the act; providing a statement of public necessity;
   19         providing a directive to the Division of Law Revision;
   20         providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 406.136, Florida Statutes, is
   25  transferred, renumbered as paragraph (p) of subsection (2) of
   26  section 119.071, Florida Statutes, and amended, to read:
   27         119.071 General exemptions from inspection or copying of
   28  public records.—
   29         (2) AGENCY INVESTIGATIONS.—
   30         (p)1.(1) As used in this paragraph section, the term:
   31         a. “Killing of a law enforcement officer who was acting in
   32  accordance with his or her official duties” means all acts or
   33  events that cause or otherwise relate to the death of a law
   34  enforcement officer who was acting in accordance with his or her
   35  official duties, including any related acts or events
   36  immediately preceding or subsequent to the acts or events that
   37  were the proximate cause of death.
   38         b. “Killing of a victim of mass violence” means events that
   39  depict either a victim being killed or the body of a victim
   40  killed in an incident in which three or more persons, not
   41  including the perpetrator, are killed by the perpetrator of an
   42  intentional act of violence. For purposes of this definition,
   43  the term “perpetrator” does not include a public official or a
   44  public employee acting within the scope of his or her duties or
   45  under color of office at the time of the killing.
   46         2.(2) A photograph or video or audio recording that depicts
   47  or records the killing of a law enforcement officer who was
   48  acting in accordance with his or her official duties or the
   49  killing of a victim of mass violence is confidential and exempt
   50  from s. 119.07(1) and s. 24(a), Art. I of the State
   51  Constitution, except that a surviving spouse of the decedent may
   52  view and copy any such photograph or video recording or listen
   53  to or copy any such audio recording. If there is no surviving
   54  spouse, then the surviving parents shall have access to such
   55  records. If there is no surviving spouse or parent, the then an
   56  adult children child shall have access to such records. Nothing
   57  in this paragraph precludes a surviving spouse, parent, or adult
   58  child of the victim from sharing or publicly releasing such
   59  photograph or video or audio recording.
   60         3.a.(3)(a) The deceased’s surviving relative, with whom
   61  authority rests to obtain such records, may designate in writing
   62  an agent to obtain such records.
   63         b.(b) A local governmental entity, or a state or federal
   64  agency, in furtherance of its official duties, pursuant to a
   65  written request, may view or copy a photograph or video
   66  recording or may listen to or copy an audio recording of the
   67  killing of a law enforcement officer who was acting in
   68  accordance with his or her official duties or the killing of a
   69  victim of mass violence, and, unless otherwise required in the
   70  performance of its their duties, the identity of the deceased
   71  shall remain confidential and exempt.
   72         c.(c) The custodian of the record, or his or her designee,
   73  may not permit any other person to view or copy such photograph
   74  or video recording or listen to or copy such audio recording
   75  without a court order.
   76         4.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 that depicts or records the
   79  killing of a law enforcement officer who was acting in
   80  accordance with his or her official duties or the killing of a
   81  victim of mass violence, or to listen to or copy an audio
   82  recording that depicts or records the killing of a law
   83  enforcement officer who was acting in accordance with his or her
   84  official duties or the killing of a victim of mass violence, and
   85  may prescribe any restrictions or stipulations that the court
   86  deems appropriate.
   87         b.(b) In determining good cause, the court shall consider:
   88         (I)1. Whether such disclosure is necessary for the public
   89  evaluation of governmental performance;
   90         (II)2. The seriousness of the intrusion into the family’s
   91  right to privacy and whether such disclosure is the least
   92  intrusive means available; and
   93         (III)3. The availability of similar information in other
   94  public records, regardless of form.
   95         c.(c) In all cases, the viewing, copying, listening to, or
   96  other handling of a photograph or video or audio recording that
   97  depicts or records the killing of a law enforcement officer who
   98  was acting in accordance with his or her official duties or the
   99  killing of a victim of mass violence must be under the direct
  100  supervision of the custodian of the record or his or her
  101  designee.
  102         5.(5) A surviving spouse shall be given reasonable notice
  103  of a petition filed with the court to view or copy a photograph
  104  or video recording that depicts or records the killing of a law
  105  enforcement officer who was acting in accordance with his or her
  106  official duties or the killing of a victim of mass violence, or
  107  to listen to or copy any such audio recording, a copy of such
  108  petition, and reasonable notice of the opportunity to be present
  109  and heard at any hearing on the matter. If there is no surviving
  110  spouse, then such notice must be given to the parents of the
  111  deceased and, if the deceased has no surviving living parent,
  112  then to the adult children of the deceased.
  113         6.a.(6)(a) Any custodian of a photograph or video or audio
  114  recording that depicts or records the killing of a law
  115  enforcement officer who was acting in accordance with his or her
  116  official duties or the killing of a victim of mass violence who
  117  willfully and knowingly violates this paragraph section commits
  118  a felony of the third degree, punishable as provided in s.
  119  775.082, s. 775.083, or s. 775.084.
  120         b.(b) Any person who willfully and knowingly violates a
  121  court order issued pursuant to this paragraph section commits a
  122  felony of the third degree, punishable as provided in s.
  123  775.082, s. 775.083, or s. 775.084.
  124         c.(c) A criminal or administrative proceeding is exempt
  125  from this paragraph section but, unless otherwise exempted, is
  126  subject to all other provisions of chapter 119;, provided
  127  however, that this paragraph section does not prohibit a court
  128  in a criminal or administrative proceeding upon good cause shown
  129  from restricting or otherwise controlling the disclosure of a
  130  killing, crime scene, or similar photograph or video or audio
  131  recording recordings in the manner prescribed in this paragraph
  132  herein.
  133         7.(7) The This exemption in this paragraph shall be given
  134  retroactive application and shall apply to all photographs or
  135  video or audio recordings that depict or record the killing of a
  136  law enforcement officer who was acting in accordance with his or
  137  her official duties or the killing of a victim of mass violence,
  138  regardless of whether the killing of the person occurred before,
  139  on, or after the effective date of this act July 1, 2011.
  140  However, nothing in this paragraph herein is intended to, nor
  141  may be construed to, overturn or abrogate or alter any existing
  142  orders duly entered into by any court of this state, as of the
  143  effective date of this act, which restrict or limit access to
  144  any photographs or video or audio recordings that depict or
  145  record the killing of a law enforcement officer who was acting
  146  in accordance with his or her official duties or the killing of
  147  a victim of mass violence.
  148         8.(8) This paragraph section only applies only to such
  149  photographs and video and audio recordings held by an agency as
  150  defined in s. 119.011.
  151         9. This paragraph is subject to the Open Government Sunset
  152  Review Act in accordance with s. 119.15 and shall stand repealed
  153  on October 2, 2024, unless reviewed and saved from repeal
  154  through reenactment by the Legislature.
  155         Section 2. (1) The Legislature finds that it is a public
  156  necessity that photographs and video and audio recordings that
  157  depict or record the killing of a victim of mass violence be
  158  made confidential and exempt from s. 119.07(1), Florida
  159  Statutes, and s. 24(a), Article I of the State Constitution. The
  160  Legislature finds that photographs and video and audio
  161  recordings that depict or record the killing of a victim of mass
  162  violence render a graphic and often disturbing visual or aural
  163  representation of the deceased. Such photographs and video and
  164  audio recordings provide a view of the deceased in the final
  165  moments of life, in which they are often bruised, bloodied,
  166  broken, baring bullet wounds or other wounds, lacerated,
  167  dismembered, or decapitated. As such, photographs and video and
  168  audio recordings that depict or record the killing of a victim
  169  of mass violence are highly sensitive representations of the
  170  deceased which, if heard, viewed, copied, or publicized, could
  171  result in trauma, sorrow, humiliation, or emotional injury to
  172  the immediate family of the deceased and detract from the memory
  173  of the deceased. The Legislature recognizes that the existence
  174  of the Internet and the proliferation of personal computers and
  175  cellular telephones throughout the world encourages and promotes
  176  the wide dissemination of such photographs and video and audio
  177  recordings 24 hours a day and that widespread unauthorized
  178  dissemination of such photographs and video and audio recordings
  179  would subject the immediate family of the deceased to continuous
  180  injury.
  181         (2) In addition to the emotional and mental injury that
  182  these photographs and video and audio recordings may cause
  183  family members, the Legislature is also concerned that
  184  dissemination of photographs and video and audio recordings that
  185  depict or record the killing of a victim of mass shooting is
  186  harmful to the public. The Legislature is gravely concerned and
  187  saddened by the horrific mass killings perpetrated at the Pulse
  188  nightclub in Orlando, at the Fort Lauderdale-Hollywood
  189  International Airport, and at Marjory Stoneman Douglas High
  190  School. The Legislature is concerned that, if these photographs
  191  and video and audio recordings are released, terrorists will use
  192  them to attract followers, bring attention to their causes, and
  193  inspire others to kill. The Legislature also finds that
  194  dissemination of these photographs and video and audio
  195  recordings may also educe violent acts by persons who have a
  196  mental illness or who are morally corrupt.
  197         (3) The Legislature further recognizes that other types of
  198  information, such as crime scene reports, continue to be
  199  available which are less intrusive and injurious to the
  200  immediate family of the deceased and continue to provide for
  201  public oversight. The Legislature further finds that the
  202  exemption provided in this act should be given retroactive
  203  application because it is remedial in nature.
  204         Section 3. The Division of Law Revision is directed to
  205  replace the phrase “the effective date of this act” wherever it
  206  occurs in this act with the date this act becomes a law.
  207         Section 4. This act shall take effect upon becoming a law.