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                                           First Engrossed
       
       
       
       
       
       
       
       
       2019186e1
       
    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 acts or
   39  events that cause the death of a person, not including the
   40  perpetrator, who is killed in an incident in which three or more
   41  people, not including the perpetrator, are killed by an
   42  intentional act of violence by another person. The term includes
   43  acts or events that show a person being killed in such incident
   44  or show the body of a person killed in such incident. The term
   45  does not include such acts or events if the person who causes
   46  the death is a public official or public employee who is acting
   47  within the scope of his or her duties or under color of office.
   48         2.(2) A photograph or video or audio recording that depicts
   49  or records the killing of a law enforcement officer who was
   50  acting in accordance with his or her official duties or the
   51  killing of a victim of mass violence is confidential and exempt
   52  from s. 119.07(1) and s. 24(a), Art. I of the State
   53  Constitution, except that a surviving spouse of the decedent may
   54  view and copy any such photograph or video recording or listen
   55  to or copy any such audio recording. If there is no surviving
   56  spouse, then the surviving parents shall have access to such
   57  records. If there is no surviving spouse or parent, the then an
   58  adult children child shall have access to such records. Nothing
   59  in this paragraph precludes a surviving spouse, parent, or adult
   60  child of the victim from sharing or publicly releasing such
   61  photograph or video or audio recording.
   62         3.a.(3)(a) The deceased’s surviving relative, with whom
   63  authority rests to obtain such records, may designate in writing
   64  an agent to obtain such records.
   65         b.(b) A local governmental entity, or a state or federal
   66  agency, in furtherance of its official duties, pursuant to a
   67  written request, may view or copy a photograph or video
   68  recording or may listen to or copy an audio recording of the
   69  killing of a law enforcement officer who was acting in
   70  accordance with his or her official duties or the killing of a
   71  victim of mass violence, and, unless otherwise required in the
   72  performance of its their duties, the identity of the deceased
   73  shall remain confidential and exempt.
   74         c.(c) The custodian of the record, or his or her designee,
   75  may not permit any other person to view or copy such photograph
   76  or video recording or listen to or copy such audio recording
   77  without a court order.
   78         4.a.(4)(a) The court, upon a showing of good cause, may
   79  issue an order authorizing any person to view or copy a
   80  photograph or video recording that depicts or records the
   81  killing of a law enforcement officer who was acting in
   82  accordance with his or her official duties or the killing of a
   83  victim of mass violence, or to listen to or copy an audio
   84  recording that depicts or records the killing of a law
   85  enforcement officer who was acting in accordance with his or her
   86  official duties or the killing of a victim of mass violence, and
   87  may prescribe any restrictions or stipulations that the court
   88  deems appropriate.
   89         b.(b) In determining good cause, the court shall consider:
   90         (I)1. Whether such disclosure is necessary for the public
   91  evaluation of governmental performance;
   92         (II)2. The seriousness of the intrusion into the family’s
   93  right to privacy and whether such disclosure is the least
   94  intrusive means available; and
   95         (III)3. The availability of similar information in other
   96  public records, regardless of form.
   97         c.(c) In all cases, the viewing, copying, listening to, or
   98  other handling of a photograph or video or audio recording that
   99  depicts or records the killing of a law enforcement officer who
  100  was acting in accordance with his or her official duties or the
  101  killing of a victim of mass violence must be under the direct
  102  supervision of the custodian of the record or his or her
  103  designee.
  104         5.(5) A surviving spouse shall be given reasonable notice
  105  of a petition filed with the court to view or copy a photograph
  106  or video recording that depicts or records the killing of a law
  107  enforcement officer who was acting in accordance with his or her
  108  official duties or the killing of a victim of mass violence, or
  109  to listen to or copy any such audio recording, a copy of such
  110  petition, and reasonable notice of the opportunity to be present
  111  and heard at any hearing on the matter. If there is no surviving
  112  spouse, then such notice must be given to the parents of the
  113  deceased and, if the deceased has no surviving living parent,
  114  then to the adult children of the deceased.
  115         6.a.(6)(a) Any custodian of a photograph or video or audio
  116  recording that depicts or records the killing of a law
  117  enforcement officer who was acting in accordance with his or her
  118  official duties or the killing of a victim of mass violence who
  119  willfully and knowingly violates this paragraph section commits
  120  a felony of the third degree, punishable as provided in s.
  121  775.082, s. 775.083, or s. 775.084.
  122         b.(b) Any person who willfully and knowingly violates a
  123  court order issued pursuant to this paragraph section commits a
  124  felony of the third degree, punishable as provided in s.
  125  775.082, s. 775.083, or s. 775.084.
  126         c.(c) A criminal or administrative proceeding is exempt
  127  from this paragraph section but, unless otherwise exempted, is
  128  subject to all other provisions of chapter 119;, provided
  129  however, that this paragraph section does not prohibit a court
  130  in a criminal or administrative proceeding upon good cause shown
  131  from restricting or otherwise controlling the disclosure of a
  132  killing, crime scene, or similar photograph or video or audio
  133  recording recordings in the manner prescribed in this paragraph
  134  herein.
  135         7.(7) The This exemption in this paragraph shall be given
  136  retroactive application and shall apply to all photographs or
  137  video or audio recordings that depict or record the killing of a
  138  law enforcement officer who was acting in accordance with his or
  139  her official duties or the killing of a victim of mass violence,
  140  regardless of whether the killing of the person occurred before,
  141  on, or after the effective date of this act July 1, 2011.
  142  However, nothing in this paragraph herein is intended to, nor
  143  may be construed to, overturn or abrogate or alter any existing
  144  orders duly entered into by any court of this state, as of the
  145  effective date of this act, which restrict or limit access to
  146  any photographs or video or audio recordings that depict or
  147  record the killing of a law enforcement officer who was acting
  148  in accordance with his or her official duties or the killing of
  149  a victim of mass violence.
  150         8.(8) This paragraph section only applies only to such
  151  photographs and video and audio recordings held by an agency as
  152  defined in s. 119.011.
  153         9. This paragraph is subject to the Open Government Sunset
  154  Review Act in accordance with s. 119.15 and shall stand repealed
  155  on October 2, 2024, unless reviewed and saved from repeal
  156  through reenactment by the Legislature.
  157         Section 2. (1) The Legislature finds that it is a public
  158  necessity that photographs and video and audio recordings that
  159  depict or record the killing of a victim of mass violence be
  160  made confidential and exempt from s. 119.07(1), Florida
  161  Statutes, and s. 24(a), Article I of the State Constitution. The
  162  Legislature finds that photographs and video and audio
  163  recordings that depict or record the killing of a victim of mass
  164  violence render a graphic and often disturbing visual or aural
  165  representation of the deceased. Such photographs and video and
  166  audio recordings provide a view of the deceased in the final
  167  moments of life, in which they are often bruised, bloodied,
  168  broken, baring bullet wounds or other wounds, lacerated,
  169  dismembered, or decapitated. As such, photographs and video and
  170  audio recordings that depict or record the killing of a victim
  171  of mass violence are highly sensitive representations of the
  172  deceased which, if heard, viewed, copied, or publicized, could
  173  result in trauma, sorrow, humiliation, or emotional injury to
  174  the immediate family of the deceased and detract from the memory
  175  of the deceased. The Legislature recognizes that the existence
  176  of the Internet and the proliferation of personal computers and
  177  cellular telephones throughout the world encourages and promotes
  178  the wide dissemination of such photographs and video and audio
  179  recordings 24 hours a day and that widespread unauthorized
  180  dissemination of such photographs and video and audio recordings
  181  would subject the immediate family of the deceased to continuous
  182  injury.
  183         (2) In addition to the emotional and mental injury that
  184  these photographs and video and audio recordings may cause
  185  family members, the Legislature is also concerned that
  186  dissemination of photographs and video and audio recordings that
  187  depict or record the killing of a victim of mass shooting is
  188  harmful to the public. The Legislature is gravely concerned and
  189  saddened by the horrific mass killings perpetrated at the Pulse
  190  nightclub in Orlando, at the Fort Lauderdale-Hollywood
  191  International Airport, and at Marjory Stoneman Douglas High
  192  School. The Legislature is concerned that, if these photographs
  193  and video and audio recordings are released, terrorists will use
  194  them to attract followers, bring attention to their causes, and
  195  inspire others to kill. The Legislature also finds that
  196  dissemination of these photographs and video and audio
  197  recordings may also educe violent acts by persons who have a
  198  mental illness or who are morally corrupt.
  199         (3) The Legislature further recognizes that other types of
  200  information, such as crime scene reports, continue to be
  201  available which are less intrusive and injurious to the
  202  immediate family of the deceased and continue to provide for
  203  public oversight. The Legislature further finds that the
  204  exemption provided in this act should be given retroactive
  205  application because it is remedial in nature.
  206         Section 3. The Division of Law Revision is directed to
  207  replace the phrase “the effective date of this act” wherever it
  208  occurs in this act with the date this act becomes a law.
  209         Section 4. This act shall take effect upon becoming a law.