HB 1317 — Pub. Rec./Autopsy Records

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1317 2018 A bill to be entitled An act relating to public records;

providing an exemption from public records requirements for a specified time after the date of death or after a certainmedical notificationexaminer occurshas forcompleted an autopsy reportreport; or a related written record held by a medical examiner which personally identifies the deceased;

PageSection 11. of 5 CODING:

Subsections (1), (2), and (5) of section Page 1 of 5 CODING:

hb1317-00hb1317-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1317 2018 Section406.135, 1.Florida Statutes, are amended, present subsections (6) through (8) of that section are redesignated as (7) through (9), respectively, present subsections (6) and (8) are amended, and a new subsection (6) is added to that section, to read:

Subsections (1), (2), and (5) of section 406.135, Florida Statutes, are amended, present subsections (6) through (8) of that section are redesignated as (7) through (9), respectively, present subsections (6) and (8) are amended, and a new subsection (6) is added to that section, to read:

If there is no surviving spouse, then the surviving parents or legal guardians shall have access to Pagesuch 2records. of 5 CODING:

If there is no surviving spouse, or parent, or legal guardian, then an adult child shall have access to such Page 2 of 5 CODING:

hb1317-00hb1317-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1317 2018 such records.

If there is no surviving spouse, or parent, or legal guardian, then an adult child shall have access to such records.

I of the State Constitution for the earlier of 10 days after the datemedical ofexaminer deathhas orcompleted immediatelythe afterreport, lawexcept enforcementthat notifies a surviving spouse,spouse parent, legal guardian, or adult child of the deceased ofmay anyview requestand tocopy obtain the autopsyrecords. report, written record, or name of the deceased person.

If there is no surviving spouse, the surviving parents or legal guardians of the deceased shall have access to such records.

If there is no surviving spouse, parent, or legal guardian, an adult child of the deceased shall have access to such records.

hb1317-00hb1317-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1317 2018 related written record that personally identifies the deceased, 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.

24(a), Article I of the State Constitution for 10 days after the datemedical ofexaminer deathhas orcompleted until the familyautopsy hasreport. been notified by law enforcement.

The Legislature finds that, although access delayed is access denied, the deceased's family should be given a reasonable time Page 4 of 5 CODING:

hb1317-00hb1317-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1317 2018 a reasonable time to be notified before any highly sensitive autopsy report or related written record that personally identifies the deceased is released to the public.

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