Bill Text: FL S7022 | 2016 | Regular Session | Enrolled
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-Enrolled.html
ENROLLED 2016 Legislature SB 7022 20167022er 1 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; narrowing the exemption to depictions or 8 recordings of the killing of a law enforcement officer 9 who was acting in accordance with his or her official 10 duties; removing the scheduled repeal of the 11 exemption; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 406.136, Florida Statutes, is amended to 16 read: 17 406.136 A photograph or video or audio recording that 18 depicts or records the killing of a law enforcement officer who 19 was acting in accordance with his or her official dutiesa20person.— 21 (1) As used in this section, the term “killing of a law 22 enforcement officer who was acting in accordance with his or her 23 official duties”“killing of a person”means all acts or events 24 that cause or otherwise relate to the death of a law enforcement 25 officer who was acting in accordance with his or her official 26 dutiesany human being, including any related acts or events 27 immediately preceding or subsequent to the acts or events that 28 were the proximate cause of death. 29 (2) A photograph or video or audio recording that depicts 30 or records the killing of a law enforcement officer who was 31 acting in accordance with his or her official dutiesa personis 32 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 33 of the State Constitution, except that a surviving spouse of the 34 decedent may view and copy any such photograph or video 35 recording or listen to or copy any such audio recording. If 36 there is no surviving spouse, then the surviving parents shall 37 have access to such records. If there is no surviving spouse or 38 parent, then an adult child shall have access to such records. 39 (3)(a) The deceased’s surviving relative, with whom 40 authority rests to obtain such records, may designate in writing 41 an agent to obtain such records. 42 (b) A local governmental entity, or a state or federal 43 agency, in furtherance of its official duties, pursuant to a 44 written request, may view or copy a photograph or video 45 recording or may listen to or copy an audio recording of the 46 killing of a law enforcement officer who was acting in 47 accordance with his or her official dutiesa personand, unless 48 otherwise required in the performance of their duties, the 49 identity of the deceased shall remain confidential and exempt. 50 (c) The custodian of the record, or his or her designee, 51 may not permit any other person to view or copy such photograph 52 or video recording or listen to or copy such audio recording 53 without a court order. 54 (4)(a) The court, upon a showing of good cause, may issue 55 an order authorizing any person to view or copy a photograph or 56 video recording that depicts or records the killing of a law 57 enforcement officer who was acting in accordance with his or her 58 official dutiesa personor to listen to or copy an audio 59 recording that depicts or records the killing of a law 60 enforcement officer who was acting in accordance with his or her 61 official dutiesa personand may prescribe any restrictions or 62 stipulations that the court deems appropriate. 63 (b) In determining good cause, the court shall consider: 64 1. Whether such disclosure is necessary for the public 65 evaluation of governmental performance; 66 2. The seriousness of the intrusion into the family’s right 67 to privacy and whether such disclosure is the least intrusive 68 means available; and 69 3. The availability of similar information in other public 70 records, regardless of form. 71 (c) In all cases, the viewing, copying, listening to, or 72 other handling of a photograph or video or audio recording that 73 depicts or records the killing of a law enforcement officer who 74 was acting in accordance with his or her official dutiesa75personmust be under the direct supervision of the custodian of 76 the record or his or her designee. 77 (5) A surviving spouse shall be given reasonable notice of 78 a petition filed with the court to view or copy a photograph or 79 video recording that depicts or records the killing of a law 80 enforcement officer who was acting in accordance with his or her 81 official dutiesa personor to listen to or copy any such audio 82 recording, a copy of such petition, and reasonable notice of the 83 opportunity to be present and heard at any hearing on the 84 matter. If there is no surviving spouse, then such notice must 85 be given to the parents of the deceased and, if the deceased has 86 no living parent, then to the adult children of the deceased. 87 (6)(a) Any custodian of a photograph or video or audio 88 recording that depicts or records the killing of a law 89 enforcement officer who was acting in accordance with his or her 90 official dutiesa personwho willfully and knowingly violates 91 this section commits a felony of the third degree, punishable as 92 provided in s. 775.082, s. 775.083, or s. 775.084. 93 (b) Any person who willfully and knowingly violates a court 94 order issued pursuant to this section commits a felony of the 95 third degree, punishable as provided in s. 775.082, s. 775.083, 96 or s. 775.084. 97 (c) A criminal or administrative proceeding is exempt from 98 this section but, unless otherwise exempted, is subject to all 99 other provisions of chapter 119, provided however that this 100 section does not prohibit a court in a criminal or 101 administrative proceeding upon good cause shown from restricting 102 or otherwise controlling the disclosure of a killing, crime 103 scene, or similar photograph or video or audio recordings in the 104 manner prescribed herein. 105 (7) This exemption shall be given retroactive application 106 and shall apply to all photographs or video or audio recordings 107 that depict or record the killing of a law enforcement officer 108 who was acting in accordance with his or her official dutiesa109person, regardless of whether the killing of the person occurred 110 before, on, or after July 1, 2011. However, nothing herein is 111 intended to, nor may be construed to, overturn or abrogate or 112 alter any existing orders duly entered into by any court of this 113 state, as of the effective date of this act, which restrict or 114 limit access to any photographs or video or audio recordings 115 that depict or record the killing of a law enforcement officer 116 who was acting in accordance with his or her official dutiesa117person. 118 (8) This section only applies to such photographs and video 119 and audio recordings held by an agency as defined in s. 119.011. 120(9) This section is subject to the Open Government Sunset121Review Act in accordance with s. 119.15 and shall stand repealed122on October 2, 2016, unless reviewed and saved from repeal123through reenactment by the Legislature.124 Section 2. This act shall take effect October 1, 2016.