Bill Text: FL S0186 | 2019 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
Florida Senate - 2019 (Corrected Copy) SB 186 By Senator Lee 20-01583A-19 2019186__ 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; providing criminal penalties; 12 providing retroactive applicability; providing for 13 future legislative review and repeal of the exemption; 14 conforming provisions to changes made by the act; 15 providing a statement of public necessity; providing a 16 directive to the Division of Law Revision; providing 17 an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 406.136, Florida Statutes, is 22 transferred, renumbered as paragraph (p) of subsection (2) of 23 section 119.071, Florida Statutes, and amended, to read: 24 119.071 General exemptions from inspection or copying of 25 public records.— 26 (2) AGENCY INVESTIGATIONS.— 27 (p)1.(1)As used in this paragraphsection, the term: 28 a. “Killing of a law enforcement officer who was acting in 29 accordance with his or her official duties” means all acts or 30 events that cause or otherwise relate to the death of a law 31 enforcement officer who was acting in accordance with his or her 32 official duties, including any related acts or events 33 immediately preceding or subsequent to the acts or events that 34 were the proximate cause of death. 35 b. “Killing of a victim of mass violence” means all acts or 36 events that cause or otherwise relate to the death of a person, 37 not including the perpetrator, who is killed in an incident in 38 which three or more people, not including the perpetrator, are 39 killed by an intentional act of violence by another person. 40 2.(2)A photograph or video or audio recording that depicts 41 or records the killing of a law enforcement officer who was 42 acting in accordance with his or her official duties or the 43 killing of a victim of mass violence is confidential and exempt 44 from s. 119.07(1) and s. 24(a), Art. I of the State 45 Constitution, except that a surviving spouse of the decedent may 46 view and copy any such photograph or video recording or listen 47 to or copy any such audio recording. If there is no surviving 48 spouse,thenthe surviving parents shall have access to such 49 records. If there is no surviving spouse or parent, thethen an50 adult childrenchildshall have access to such records. 51 3.a.(3)(a)The deceased’s surviving relative, with whom 52 authority rests to obtain such records, may designate in writing 53 an agent to obtain such records. 54 b.(b)A local governmental entity, or a state or federal 55 agency, in furtherance of its official duties, pursuant to a 56 written request, may view or copy a photograph or video 57 recording or may listen to or copy an audio recording of the 58 killing of a law enforcement officer who was acting in 59 accordance with his or her official duties or the killing of a 60 victim of mass violence, and, unless otherwise required in the 61 performance of itstheirduties, the identity of the deceased 62 shall remain confidential and exempt. 63 c.(c)The custodian of the record, or his or her designee, 64 may not permit any other person to view or copy such photograph 65 or video recording or listen to or copy such audio recording 66 without a court order. 67 4.a.(4)(a)The court, upon a showing of good cause, may 68 issue an order authorizing any person to view or copy a 69 photograph or video recording that depicts or records the 70 killing of a law enforcement officer who was acting in 71 accordance with his or her official duties or the killing of a 72 victim of mass violence, or to listen to or copy an audio 73 recording that depicts or records the killing of a law 74 enforcement officer who was acting in accordance with his or her 75 official duties or the killing of a victim of mass violence, and 76 may prescribe any restrictions or stipulations that the court 77 deems appropriate. 78 b.(b)In determining good cause, the court shall consider: 79 (I)1.Whether such disclosure is necessary for the public 80 evaluation of governmental performance; 81 (II)2.The seriousness of the intrusion into the family’s 82 right to privacy and whether such disclosure is the least 83 intrusive means available; and 84 (III)3.The availability of similar information in other 85 public records, regardless of form. 86 c.(c)In all cases, the viewing, copying, listening to, or 87 other handling of a photograph or video or audio recording that 88 depicts or records the killing of a law enforcement officer who 89 was acting in accordance with his or her official duties or the 90 killing of a victim of mass violence must be under the direct 91 supervision of the custodian of the record or his or her 92 designee. 93 5.(5)A surviving spouse shall be given reasonable notice 94 of a petition filed with the court to view or copy a photograph 95 or video recording that depicts or records the killing of a law 96 enforcement officer who was acting in accordance with his or her 97 official duties or the killing of a victim of mass violence, or 98 to listen to or copy any such audio recording, a copy of such 99 petition, and reasonable notice of the opportunity to be present 100 and heard at any hearing on the matter. If there is no surviving 101 spouse,thensuch notice must be given to the parents of the 102 deceased and, if the deceased has no survivinglivingparent, 103thento the adult children of the deceased. 104 6.a.(6)(a)Any custodian of a photograph or video or audio 105 recording that depicts or records the killing of a law 106 enforcement officer who was acting in accordance with his or her 107 official duties or the killing of a victim of mass violence who 108 willfully and knowingly violates this paragraphsectioncommits 109 a felony of the third degree, punishable as provided in s. 110 775.082, s. 775.083, or s. 775.084. 111 b.(b)Any person who willfully and knowingly violates a 112 court order issued pursuant to this paragraphsectioncommits a 113 felony of the third degree, punishable as provided in s. 114 775.082, s. 775.083, or s. 775.084. 115 c.(c)A criminal or administrative proceeding is exempt 116 from this paragraphsectionbut, unless otherwise exempted, is 117 subject to all other provisions of chapter 119;,provided118 however,thatthis paragraphsectiondoes not prohibit a court 119 in a criminal or administrative proceeding upon good cause shown 120 from restricting or otherwise controlling the disclosure of a 121 killing, crime scene, or similar photograph or video or audio 122 recordingrecordingsin the manner prescribed in this paragraph 123herein. 124 7.(7)TheThisexemption in this paragraph shall be given 125 retroactive application and shall apply to all photographs or 126 video or audio recordings that depict or record the killing of a 127 law enforcement officer who was acting in accordance with his or 128 her official duties or the killing of a victim of mass violence, 129 regardless of whether the killing of the person occurred before, 130 on, or after the effective date of this actJuly 1, 2011. 131 However, nothing in this paragraphhereinis intended to, nor 132 may be construed to, overturn or abrogate or alter any existing 133 orders duly entered into by any court of this state, as of the 134 effective date of this act, which restrict or limit access to 135 any photographs or video or audio recordings that depict or 136 record the killing of a law enforcement officer who was acting 137 in accordance with his or her official duties or the killing of 138 a victim of mass violence. 139 8.(8)This paragraphsectiononlyapplies only to such 140 photographs and video and audio recordings held by an agencyas141defined in s. 119.011. 142 9. This paragraph is subject to the Open Government Sunset 143 Review Act in accordance with s. 119.15 and shall stand repealed 144 on October 2, 2024, unless reviewed and saved from repeal 145 through reenactment by the Legislature. 146 Section 2. (1) The Legislature finds that it is a public 147 necessity that photographs and video and audio recordings that 148 depict or record the killing of a victim of mass violence be 149 made confidential and exempt from s. 119.07(1), Florida 150 Statutes, and s. 24(a), Article I of the State Constitution. The 151 Legislature finds that photographs and video and audio 152 recordings that depict or record the killing of a victim of mass 153 violence render a graphic and often disturbing visual or aural 154 representation of the deceased. Such photographs and video and 155 audio recordings provide a view of the deceased in the final 156 moments of life, in which they are often bruised, bloodied, 157 broken, baring bullet wounds or other wounds, lacerated, 158 dismembered, or decapitated. As such, photographs and video and 159 audio recordings that depict or record the killing of a victim 160 of mass violence are highly sensitive representations of the 161 deceased which, if heard, viewed, copied, or publicized, could 162 result in trauma, sorrow, humiliation, or emotional injury to 163 the immediate family of the deceased and detract from the memory 164 of the deceased. The Legislature recognizes that the existence 165 of the Internet and the proliferation of personal computers and 166 cellular telephones throughout the world encourages and promotes 167 the wide dissemination of such photographs and video and audio 168 recordings 24 hours a day and that widespread unauthorized 169 dissemination of such photographs and video and audio recordings 170 would subject the immediate family of the deceased to continuous 171 injury. 172 (2) In addition to the emotional and mental injury that 173 these photographs and video and audio recordings may cause 174 family members, the Legislature is also concerned that 175 dissemination of photographs and video and audio recordings that 176 depict or record the killing of a victim of mass shooting is 177 harmful to the public. The Legislature is gravely concerned and 178 saddened by the horrific mass killings perpetrated at the Pulse 179 nightclub in Orlando, at the Fort Lauderdale-Hollywood 180 International Airport, and at Marjory Stoneman Douglas High 181 School. The Legislature is concerned that, if these photographs 182 and video and audio recordings are released, terrorists will use 183 them to attract followers, bring attention to their causes, and 184 inspire others to kill. The Legislature also finds that 185 dissemination of these photographs and video and audio 186 recordings may also educe violent acts by persons who have a 187 mental illness or who are morally corrupt. 188 (3) The Legislature further recognizes that other types of 189 information, such as crime scene reports, continue to be 190 available which are less intrusive and injurious to the 191 immediate family of the deceased and continue to provide for 192 public oversight. The Legislature further finds that the 193 exemption provided in this act should be given retroactive 194 application because it is remedial in nature. 195 Section 3. The Division of Law Revision is directed to 196 replace the phrase “the effective date of this act” wherever it 197 occurs in this act with the date this act becomes a law. 198 Section 4. This act shall take effect upon becoming a law.