Bill Text: FL S7022 | 2016 | Regular Session | Prefiled

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

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Bill Title: OGSR/Depictions or Recordings of the Killing of a Law Enforcement Officer

Spectrum: Committee Bill

Status: (Passed) 2016-04-08 - Chapter No. 2016-214 [S7022 Detail]

Download: Florida-2016-S7022-Prefiled.html

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       Florida Senate - 2016                   (PROPOSED BILL) SPB 7022
       
       
        
       FOR CONSIDERATION By the Committee on Criminal Justice
       
       
       
       
       
       591-00875-16                                          20167022pb
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 406.136, F.S., which
    4         provides an exemption from public records requirements
    5         for a photograph or video or audio recording held by
    6         an agency that depicts or records the killing of a
    7         person; removing the scheduled repeal of the
    8         exemption; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 406.136, Florida Statutes, is amended to
   13  read:
   14         406.136 A photograph or video or audio recording that
   15  depicts or records the killing of a person.—
   16         (1) As used in this section, the term “killing of a person”
   17  means all acts or events that cause or otherwise relate to the
   18  death of any human being, including any related acts or events
   19  immediately preceding or subsequent to the acts or events that
   20  were the proximate cause of death.
   21         (2) A photograph or video or audio recording that depicts
   22  or records the killing of a person is confidential and exempt
   23  from s. 119.07(1) and s. 24(a), Art. I of the State
   24  Constitution, except that a surviving spouse of the decedent may
   25  view and copy any such photograph or video recording or listen
   26  to or copy any such audio recording. If there is no surviving
   27  spouse, then the surviving parents shall have access to such
   28  records. If there is no surviving spouse or parent, then an
   29  adult child shall have access to such records.
   30         (3)(a) The deceased’s surviving relative, with whom
   31  authority rests to obtain such records, may designate in writing
   32  an agent to obtain such records.
   33         (b) A local governmental entity, or a state or federal
   34  agency, in furtherance of its official duties, pursuant to a
   35  written request, may view or copy a photograph or video
   36  recording or may listen to or copy an audio recording of the
   37  killing of a person and, unless otherwise required in the
   38  performance of their duties, the identity of the deceased shall
   39  remain confidential and exempt.
   40         (c) The custodian of the record, or his or her designee,
   41  may not permit any other person to view or copy such photograph
   42  or video recording or listen to or copy such audio recording
   43  without a court order.
   44         (4)(a) The court, upon a showing of good cause, may issue
   45  an order authorizing any person to view or copy a photograph or
   46  video recording that depicts or records the killing of a person
   47  or to listen to or copy an audio recording that depicts or
   48  records the killing of a person and may prescribe any
   49  restrictions or stipulations that the court deems appropriate.
   50         (b) In determining good cause, the court shall consider:
   51         1. Whether such disclosure is necessary for the public
   52  evaluation of governmental performance;
   53         2. The seriousness of the intrusion into the family’s right
   54  to privacy and whether such disclosure is the least intrusive
   55  means available; and
   56         3. The availability of similar information in other public
   57  records, regardless of form.
   58         (c) In all cases, the viewing, copying, listening to, or
   59  other handling of a photograph or video or audio recording that
   60  depicts or records the killing of a person must be under the
   61  direct supervision of the custodian of the record or his or her
   62  designee.
   63         (5) A surviving spouse shall be given reasonable notice of
   64  a petition filed with the court to view or copy a photograph or
   65  video recording that depicts or records the killing of a person
   66  or to listen to or copy any such audio recording, a copy of such
   67  petition, and reasonable notice of the opportunity to be present
   68  and heard at any hearing on the matter. If there is no surviving
   69  spouse, then such notice must be given to the parents of the
   70  deceased and, if the deceased has no living parent, then to the
   71  adult children of the deceased.
   72         (6)(a) Any custodian of a photograph or video or audio
   73  recording that depicts or records the killing of a person who
   74  willfully and knowingly violates this section commits a felony
   75  of the third degree, punishable as provided in s. 775.082, s.
   76  775.083, or s. 775.084.
   77         (b) Any person who willfully and knowingly violates a court
   78  order issued pursuant to this section commits a felony of the
   79  third degree, punishable as provided in s. 775.082, s. 775.083,
   80  or s. 775.084.
   81         (c) A criminal or administrative proceeding is exempt from
   82  this section but, unless otherwise exempted, is subject to all
   83  other provisions of chapter 119, provided however that this
   84  section does not prohibit a court in a criminal or
   85  administrative proceeding upon good cause shown from restricting
   86  or otherwise controlling the disclosure of a killing, crime
   87  scene, or similar photograph or video or audio recordings in the
   88  manner prescribed herein.
   89         (7) This exemption shall be given retroactive application
   90  and shall apply to all photographs or video or audio recordings
   91  that depict or record the killing of a person, regardless of
   92  whether the killing of the person occurred before, on, or after
   93  July 1, 2011. However, nothing herein is intended to, nor may be
   94  construed to, overturn or abrogate or alter any existing orders
   95  duly entered into by any court of this state, as of the
   96  effective date of this act, which restrict or limit access to
   97  any photographs or video or audio recordings that depict or
   98  record the killing of a person.
   99         (8) This section only applies to such photographs and video
  100  and audio recordings held by an agency as defined in s. 119.011.
  101         (9) This section is subject to the Open Government Sunset
  102  Review Act in accordance with s. 119.15 and shall stand repealed
  103  on October 2, 2016, unless reviewed and saved from repeal
  104  through reenactment by the Legislature.
  105         Section 2. This act shall take effect October 1, 2016.