Bill Text: FL S1496 | 2010 | Regular Session | Introduced
Bill Title: Public Records/Crime Scene Photos/Images/Videos [SPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Criminal Justice [S1496 Detail]
Download: Florida-2010-S1496-Introduced.html
Florida Senate - 2010 SB 1496 By Senator Oelrich 14-01550-10 20101496__ 1 A bill to be entitled 2 An act relating to public records; creating s. 3 925.131, F.S.; providing definitions; providing an 4 exemption from the public-records law for 5 investigative or crime scene photographs, images, or 6 video recordings of a deceased person, a part of a 7 deceased person, or any part of a person’s extreme, 8 severe, or acute injuries held by a law enforcement 9 agency; providing exceptions for certain relatives, 10 injured persons, or their designees; permitting a 11 local or county governmental entity, or a state or 12 federal agency, in furtherance of its official duties, 13 to access such records pursuant to a written request 14 to the law enforcement agency in possession of such 15 records, although the confidential and exempt status 16 of such records shall be maintained; permitting any 17 person to view, but not copy, photograph, or remove, 18 any record not otherwise confidential or exempt from 19 public records provisions under the direct supervision 20 of the custodian of the record or his or her designee; 21 requiring that the viewing, copying, or other handling 22 of such a record be under the direct supervision of 23 the custodian of the record or his or her designee; 24 permitting a court or law enforcement agency head, 25 upon a showing of good cause, to authorize any person 26 to view or copy such a record and impose any 27 restrictions or stipulations that it deems 28 appropriate; providing criminal penalties for 29 violations of statute or court order; providing for 30 future legislative review and repeal; providing a 31 finding of public necessity; providing for retroactive 32 effect; providing a contingent effective date. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1. Section 925.131, Florida Statutes, is created to 37 read: 38 925.131 Public-records exemption for certain law 39 enforcement photographs, images, or video recordings.— 40 (1) For purposes of this section, the term: 41 (a) “Law enforcement agency” means any state agency or unit 42 of government in this state that has authority to employ or 43 appoint law enforcement officers, as defined in s. 943.10, as 44 well as any employee, deputy, or agent of such an agency or any 45 other person who may obtain possession of a restricted 46 photograph, image, or recording in the course of assisting such 47 an agency in the performance of its duties. 48 (b) “Restricted photograph, image, or recording” means an 49 investigative or crime scene photograph, image, or video 50 recording of a deceased person, a part of a deceased person, or 51 any part of a person’s extreme, severe, or acute injuries. 52 (2)(a) A restricted photograph, image, or recording held by 53 a law enforcement agency is confidential and exempt from s. 54 119.07(1) and s. 24(a), Art. I of the State Constitution, except 55 that: 56 1. A restricted photograph, image, or recording of a 57 deceased person may be viewed and copied by the surviving spouse 58 of that person, by a surviving parent of that person, or by an 59 adult child of the person. 60 2. A person whose extreme, severe, or acute injury is 61 depicted in whole or in part in a restricted photograph, image, 62 or recording may view and copy such restricted photograph, 63 image, or recording. 64 (b) Any person authorized to obtain records under this 65 subsection may designate in writing an agent to obtain such 66 records on his or her behalf. 67 (c) Persons authorized under this subsection to obtain such 68 records shall be provided access thereto unless such records are 69 otherwise confidential or exempt from s. 119.07(1) and s. 24(a), 70 Art. I of the State Constitution. 71 (3) A local or county governmental entity, or a state or 72 federal agency, in furtherance of its official duties and 73 pursuant to a written request to the law enforcement agency in 74 possession of such records, may view or copy a restricted 75 photograph, image, or recording; however, the receiving entity 76 or agency shall maintain the confidential and exempt status of 77 the restricted photograph, image, or recording and shall protect 78 the identity of the deceased or injured person. 79 (4) Any person may view, but not copy, photograph, or 80 remove, any restricted photograph, image, or recording not 81 otherwise confidential or exempt from s. 119.07(1) and s. 24(a), 82 Art. I of the State Constitution, under the direct supervision 83 of the custodian of the record or his or her designee. 84 (5) Any viewing, copying, or other handling of a restricted 85 photograph, image, or recording must be under the direct 86 supervision of the custodian of the record or his or her 87 designee. 88 (6)(a) The following are exceptions to the restrictions in 89 subsection (4) on copying photographs, images, or video 90 recordings of a deceased person, a part of a deceased person, or 91 any part of a person’s extreme, severe, or acute injuries being 92 held confidential: 93 1. When the head of the law enforcement agency in this 94 state in possession of the photographs, images, or video 95 recordings has personally examined the photographs, images, or 96 video recordings and has determined in his or her discretion 97 that there is good cause for their release, they shall be 98 disseminated in accordance with his or her written instructions. 99 These instructions must name the party or parties that are 100 authorized to obtain the photographs, images, or video 101 recordings or a copy of them. 102 2. When a judge in a county or circuit in this state has 103 personally examined the photographs, images, or video recordings 104 and has determined in his or her judicial opinion that there is 105 good cause for their release, they shall be disseminated in 106 accordance with his or her written court order. The order must 107 name the party or parties that are authorized to obtain the 108 photographs, images, or video recordings or a copy of them. 109 (b) In determining good cause for purposes of paragraph 110 (a), the agency head or court shall consider whether such 111 disclosure is necessary for the public evaluation of 112 governmental performance, the seriousness of the intrusion into 113 the family’s or injured person’s right to privacy, whether such 114 disclosure is the least intrusive means available to enable 115 public evaluation of governmental performance, and the 116 availability of similar information in other public records, 117 regardless of form. 118 (7)(a) It is unlawful for: 119 1. Any custodian or a designee of a custodian of a 120 restricted photograph, image, or recording to willfully and 121 knowingly violate a provision of this section; or 122 2. Any person to willfully and knowingly violate a court 123 order or agency head’s instructions issued pursuant to this 124 section. 125 (b) Any person who violates paragraph (a) commits: 126 1. For the first violation, a misdemeanor of the first 127 degree, punishable as provided in s. 775.082 or s. 775.083. 128 2. For a second or subsequent violation, a felony of the 129 third degree, punishable as provided in s. 775.082, s. 775.083, 130 or s. 775.084. 131 (8) This section is subject to the Open Government Sunset 132 Review Act in accordance with s. 119.15 and shall stand repealed 133 on October 2, 2015, unless reviewed and saved from repeal 134 through reenactment by the Legislature. 135 Section 2. The Legislature finds that it is a public 136 necessity that investigative or crime scene photographs, images, 137 or video recordings of a deceased person, a part of a deceased 138 person, or any part of a person’s extreme, severe, or acute 139 injuries be confidential and exempt from disclosure, with 140 certain clearly defined exceptions. The Legislature finds that 141 such photographs, images, or video recordings may depict or 142 describe a deceased or suffering person in graphic and 143 disturbing fashion. Such photographs, images, or video 144 recordings, if copied, distributed, or publicized, could result 145 in trauma, sorrow, humiliation, or emotional injury to the 146 individual depicted or his or her immediate family. If the 147 individual is deceased, such dissemination could also cause 148 injury to the memory of the deceased. The Legislature notes that 149 the existence of the Internet and the proliferation of personal 150 computers throughout the world encourages and promotes the wide 151 dissemination of photographs, images, and video recordings 24 152 hours a day and that widespread unauthorized dissemination of 153 photographs, images, and video recordings would subject a 154 suffering individual and the immediate family of a deceased or 155 suffering individual to continuous injury. The Legislature 156 further notes that there continue to be other types of available 157 information, such as police reports, that are less intrusive and 158 injurious and that continue to provide for public oversight. The 159 Legislature further finds that the exemption provided in this 160 act should be given retroactive application because it is 161 remedial in nature. 162 Section 3. This act shall apply to all photographs, images, 163 or video recordings subject to its terms regardless of whether 164 they were created before, on, or after the effective date of 165 this act. 166 Section 4. This act shall take effect on the same date that 167 SB ____ or similar legislation takes effect, if such legislation 168 is enacted in the same legislative session or an extension 169 thereof and becomes law.
