Florida Statutes 406.135 – Autopsies; confidentiality of photographs and video and audio recordings; confidentiality of reports of minor victims of domestic violence; exemption
Current as of: 2023 | Check for updates
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(1) As used in this section, the term:
For details, see Fla. Stat. § 775.082(3)(e)
(a) “Domestic violence” has the same meaning as in s. 741.28.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the third degree | up to 5 years | up to $5,000 |
Terms Used In Florida Statutes 406.135
- minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01
(b) “Medical examiner” means any district medical examiner, associate medical examiner, or substitute medical examiner acting pursuant to this chapter, as well as any employee, deputy, or agent of a medical examiner or any other person who may obtain possession of a report, photograph, or audio or video recording of an autopsy in the course of assisting a medical examiner in the performance of his or her official duties.
(2)(a) A photograph or video or audio recording of an autopsy held by a medical examiner is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that a surviving spouse may view and copy a photograph or video recording or listen to or copy an audio recording of the deceased spouse’s autopsy. If there is no surviving spouse, then the surviving parents shall have access to such records. If there is no surviving spouse or parent, then an adult child shall have access to such records.
(b) An autopsy report of a minor whose death was related to an act of domestic violence held by a medical examiner is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that a surviving parent of the deceased minor may view and copy the autopsy report if the surviving parent did not commit the act of domestic violence which led to the minor’s death.
(3)(a) The deceased’s surviving relative, with whom authority rests to obtain such records, may designate in writing an agent to obtain such records.
(b) Notwithstanding subsection (2), a local governmental entity, or a state or federal agency, in furtherance of its official duties, pursuant to a written request, may:
1. View or copy a photograph or video recording or may listen to or copy an audio recording of an autopsy; and
2. View or copy an autopsy report of a minor whose death was related to an act of domestic violence.
Unless otherwise required in the performance of official duties, the identity of the deceased shall remain confidential and exempt.
(c) The custodian of the record, or his or her designee, may not permit any other person, except an agent designated in writing by the deceased’s surviving relative with whom authority rests to obtain such records, to view or copy an autopsy report of a minor whose death was related to an act of domestic violence or a photograph or video recording of an autopsy or listen to or copy an audio recording of an autopsy without a court order.
(4)(a) The court, upon a showing of good cause, may issue an order authorizing any person to view or copy an autopsy report of a minor whose death was related to an act of domestic violence or a photograph or video recording of an autopsy or to listen to or copy an audio recording of an autopsy and may prescribe any restrictions or stipulations that the court deems appropriate.
(b) In determining good cause, the court shall consider whether such disclosure is necessary for the public evaluation of governmental performance; the seriousness of the intrusion into the family’s right to privacy and whether such disclosure is the least intrusive means available; and the availability of similar information in other public records, regardless of form.
(c) In all cases, the viewing, copying, listening to, or other handling of an autopsy report of a minor whose death was related to an act of domestic violence or a photograph or video or audio recording of an autopsy must be under the direct supervision of the custodian of the record or his or her designee.
(5)(a) A surviving spouse must be given reasonable notice of a petition filed with the court to view or copy a photograph or video recording of an autopsy or a petition to listen to or copy an audio recording, a copy of such petition, and reasonable notice of the opportunity to be present and heard at any hearing on the matter. If there is no surviving spouse, then such notice must be given to the parents of the deceased, and if there is no living parent, then to the adult children of the deceased.
(b) For an autopsy report of a minor whose death was related to an act of domestic violence, any surviving parent who did not commit the act of domestic violence which led to the minor’s death must be given reasonable notice of a petition filed with the court to view or copy the autopsy report, a copy of such petition, and reasonable notice of the opportunity to be present and heard at any hearing on the matter.
(6)(a) Any custodian of an autopsy report of a minor whose death was related to an act of domestic violence or a photograph or video or audio recording of an autopsy who willfully and knowingly violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(7) A criminal or administrative proceeding is exempt from this section but is subject to all other provisions of chapter 119 unless otherwise exempted. This section does not prohibit a court in a criminal or administrative proceeding upon good cause shown from restricting or otherwise controlling the disclosure of an autopsy, crime scene, or similar report, photograph, or video or audio recording in the manner prescribed herein.
(8) The exemptions in this section shall be given retroactive application.
(9) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2028, unless reviewed and saved from repeal through reenactment by the Legislature.