Bill Text: FL S1146 | 2019 | Regular Session | Introduced
Bill Title: Public Records/Photograph, Video, or Audio Recording that Depicts or Records the Killing of a Person
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-05-03 - Died in Criminal Justice [S1146 Detail]
Download: Florida-2019-S1146-Introduced.html
Florida Senate - 2019 SB 1146
By Senator Bean
4-01298-19 20191146__
1 A bill to be entitled
2 An act relating to public records; amending s.
3 406.136, F.S.; defining the term “killing of a
4 person”; expanding an exemption from public records
5 requirements for a photograph or video or audio
6 recording held by an agency which depicts or records
7 the killing of a law enforcement officer to include a
8 photograph or video or audio recording held by an
9 agency which depicts or records the killing of a
10 person; specifying that the exemption from public
11 records requirements does not apply to the killing of
12 a person in the care and custody of a state agency;
13 providing for future legislative review and repeal of
14 the exemption; providing a statement of public
15 necessity; providing retroactive application;
16 providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 406.136, Florida Statutes, is amended to
21 read:
22 406.136 A photograph or video or audio recording that
23 depicts or records the killing of a person law enforcement
24 officer who was acting in accordance with his or her official
25 duties.—
26 (1) As used in this section, the term “killing of a person”
27 “killing of a law enforcement officer who was acting in
28 accordance with his or her official duties” means all acts or
29 events that cause or otherwise relate to the death of any human
30 being a law enforcement officer who was acting in accordance
31 with his or her official duties, including any related acts or
32 events immediately preceding or subsequent to the acts or events
33 that were the proximate cause of death. The term does not
34 include the killing of a person in the care and custody of a
35 state agency.
36 (2) A photograph or video or audio recording that depicts
37 or records the killing of a person law enforcement officer who
38 was acting in accordance with his or her official duties is
39 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
40 of the State Constitution, except that a surviving spouse of the
41 deceased decedent may view and copy any such photograph or video
42 recording or listen to or copy any such audio recording. If
43 there is no surviving spouse, then the surviving parents shall
44 have access to such records. If there is no surviving spouse or
45 parent, the then an adult children child shall have access to
46 such records.
47 (3)(a) The deceased’s surviving relative, with whom
48 authority rests to obtain such records, may designate in writing
49 an agent to obtain such records.
50 (b) A local governmental entity, or a state or federal
51 agency, in furtherance of its official duties, pursuant to a
52 written request, may view or copy a photograph or video
53 recording or may listen to or copy an audio recording of the
54 killing of a person law enforcement officer who was acting in
55 accordance with his or her official duties and, unless otherwise
56 required in the performance of its their duties, the identity of
57 the deceased shall remain confidential and exempt.
58 (c) The custodian of the record, or his or her designee,
59 may not permit any other person to view or copy such photograph
60 or video recording or listen to or copy such audio recording
61 without a court order.
62 (4)(a) The court, upon a showing of good cause, may issue
63 an order authorizing any person to view or copy a photograph or
64 video recording that depicts or records the killing of a person
65 law enforcement officer who was acting in accordance with his or
66 her official duties or to listen to or copy an audio recording
67 that depicts or records the killing of a person law enforcement
68 officer who was acting in accordance with his or her official
69 duties and may prescribe any restrictions or stipulations that
70 the court deems appropriate.
71 (b) In determining good cause, the court shall consider:
72 1. Whether such disclosure is necessary for the public
73 evaluation of governmental performance;
74 2. The seriousness of the intrusion into the family’s right
75 to privacy and whether such disclosure is the least intrusive
76 means available; and
77 3. The availability of similar information in other public
78 records, regardless of form.
79 (c) In all cases, the viewing, copying, listening to, or
80 other handling of a photograph or video or audio recording that
81 depicts or records the killing of a person law enforcement
82 officer who was acting in accordance with his or her official
83 duties must be under the direct supervision of the custodian of
84 the record or his or her designee.
85 (5) A surviving spouse shall be given reasonable notice of
86 a petition filed with the court to view or copy a photograph or
87 video recording that depicts or records the killing of a person
88 law enforcement officer who was acting in accordance with his or
89 her official duties or to listen to or copy any such audio
90 recording, a copy of such petition, and reasonable notice of the
91 opportunity to be present and heard at any hearing on the
92 matter. If there is no surviving spouse, then such notice must
93 be given to the parents of the deceased and, if the deceased has
94 no surviving living parent, then to the adult children of the
95 deceased.
96 (6)(a) Any custodian of a photograph or video or audio
97 recording that depicts or records the killing of a person law
98 enforcement officer who was acting in accordance with his or her
99 official duties who willfully and knowingly violates this
100 section commits a felony of the third degree, punishable as
101 provided in s. 775.082, s. 775.083, or s. 775.084.
102 (b) Any person who willfully and knowingly violates a court
103 order issued pursuant to this section commits a felony of the
104 third degree, punishable as provided in s. 775.082, s. 775.083,
105 or s. 775.084.
106 (c) A criminal or administrative proceeding is exempt from
107 this section but, unless otherwise exempted, is subject to all
108 other provisions of chapter 119;, provided, however, that this
109 section does not prohibit a court in a criminal or
110 administrative proceeding upon good cause shown from restricting
111 or otherwise controlling the disclosure of a killing, crime
112 scene, or similar photograph or video or audio recording
113 recordings in the manner prescribed in this section herein.
114 (7) The This exemption in this section shall be given
115 retroactive application and shall apply to all photographs or
116 video or audio recordings that depict or record the killing of a
117 person law enforcement officer who was acting in accordance with
118 his or her official duties, regardless of whether the killing of
119 the person occurred before, on, or after July 1, 2011. However,
120 this section nothing herein is not intended to, and nor may not
121 be construed to, overturn or abrogate or alter any existing
122 orders duly entered into by any court of this state, as of the
123 effective date of this act, which restrict or limit access to
124 any photographs or video or audio recordings that depict or
125 record the killing of a person law enforcement officer who was
126 acting in accordance with his or her official duties.
127 (8) This section only applies to such photographs and video
128 and audio recordings held by an agency as defined in s. 119.011.
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, 2024, unless reviewed and saved from repeal
132 through reenactment by the Legislature.
133 Section 2. (1) The Legislature finds that it is a public
134 necessity that photographs and video and audio recordings that
135 depict or record the killing of a person 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 photographs and video and audio recordings that depict or record
139 the killing of a person render a graphic and often disturbing
140 visual or aural representation of the deceased. Such photographs
141 and video and audio recordings provide a view of the deceased in
142 the final moments of life, in which he or she is often bruised,
143 bloodied, broken, bearing bullet wounds or other wounds,
144 lacerated, dismembered, or decapitated. As such, photographs and
145 video and audio recordings that depict or record the killing of
146 a person are highly sensitive representations of the deceased
147 which, if heard, viewed, copied, or publicized, could result in
148 trauma, sorrow, humiliation, or emotional injury to the
149 immediate family of the deceased and could detract from the
150 memory of the deceased. The Legislature recognizes that the
151 existence of the Internet and the proliferation of personal
152 computers and cellular telephones throughout the world
153 encourages and promotes the wide dissemination of such
154 photographs and video and audio recordings and that widespread
155 unauthorized dissemination of such photographs and video and
156 audio recordings would subject the immediate family of the
157 deceased to continuous injury.
158 (2) The Legislature further recognizes that there continues
159 to be other types of available information, such as crime scene
160 reports, which are less intrusive and injurious to the immediate
161 family of the deceased and which continue to provide for public
162 oversight. The Legislature further finds that the exemption
163 provided in this act should be given retroactive application
164 because it is remedial in nature.
165 Section 3. This act shall take effect upon becoming a law.
