Florida 2018 Regular Session Status: Passed House

HB 653 — Pub. Rec./Photographs or Video or Audio Recordings that Depict or Record Killing of a Victim of a School Shooting or Victim of a Mass Shooting

Last action — Died in Messages

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2018 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

232 added · 195 removed

Plain-language change summary

The latest version of Bill HB 653 now includes provisions specifically addressing the killing of victims of school shootings and mass shootings, in addition to law enforcement officers. This change is significant because it expands the scope of protections for recordings related to such tragic events, recognizing the impact these incidents have on communities. Furthermore, the bill ensures that there will be future legislative reviews and potential repeal of this exemption, allowing for ongoing assessment and adjustment of these protections as needed.

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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 HB 653 2018 A bill to be entitled An act relating to public 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  HB 65, Engrossed 1 2018 A bill to be entitled An act relating to public records;
expanding an exemption from public records requirements for a photograph or video or audio recording held by an agency that depicts or records the killing of a law enforcement officer to include a photograph or video or audio recording held by an agency that depicts or records the killing of a person;
expanding an exemption from public records requirements for a photograph or video or audio recording held by an agency that depicts or records the killing of a law enforcement officer to include a photograph or video or audio recording held by an agency that depicts or records the killing of a victim of a school shooting or the killing of a victim of a mass shooting;
406.136 A photograph or video or audio recording that depicts or records the killing of a person law enforcement officer who was acting in accordance with his or her official duties.— (1) As used in this section, the term "killing of a person" "killing of a law enforcement officer who was acting in accordance with his or her official duties" means all acts or events that cause or otherwise relate to the death of any human being a law enforcement officer who was acting in accordance Page 1 of 8 CODING:
406.136 A photograph or video or audio recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties, the killing of a victim of a school shooting, or the killing of a victim of a mass shooting.— (1) As used in this section, the term:
(a) "Killing of a law enforcement officer who was acting Page 1 of 9 CODING:
hb0653-00 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 HB 653 2018 with his or her official duties, including any related acts or events immediately preceding or subsequent to the acts or events that were the proximate cause of death.
hb0653-01-e1 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  HB 65, Engrossed 1 2018 in accordance with his or her official duties" means all acts or events that cause or otherwise relate to the death of a law enforcement officer who was acting in accordance with his or her official duties, including any related acts or events immediately preceding or subsequent to the acts or events that were the proximate cause of death.
The term does not include the killing of a person in the care and custody of a state agency.
(b) "Killing of a victim of a mass shooting" means all acts or events that cause or otherwise relate to the death of a person, not including the perpetrator, who is killed in an incident in which three or more people, not including the perpetrator, are killed by an intentional act of gun violence by another person.
For purposes of this subsection, the term "care and custody of a state agency" includes, but is not limited to, a child abuse protective investigation, protective supervision, foster care and related services, a protective investigation or protective supervision of a vulnerable adult, or correctional supervision, as defined in chapter 39, chapter 409, chapter 415, or chapter 945.
(c) "Killing of a victim of a school shooting" means all acts or events that cause or otherwise relate to the death of a person, not including the perpetrator, who is killed in an incident at a school by an intentional act of gun violence by another person, including any related acts or events immediately preceding or subsequent to the acts or events that were the proximate cause of death.
(2) A photograph or video or audio recording that depicts or records the killing of a person law enforcement officer who was acting in accordance with his or her official duties is confidential and exempt from s.
(2) A photograph or video or audio recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties, the killing of a victim of a school shooting, or the killing of a victim of a mass shooting is confidential and exempt from s.
I of the State Constitution, except that a surviving spouse of the decedent may view and copy any such photograph or video recording or listen to or copy any such audio recording.
I of the State Constitution, except Page 2 of 9 CODING:
Words stricken are deletions;
words underlined are additions.
hb0653-01-e1 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  HB 65, Engrossed 1 2018 that a surviving spouse of the decedent may view and copy any such photograph or video recording or listen to or copy any such audio recording.
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(b) A local governmental entity, or a state or federal agency, in furtherance of its official duties, pursuant to a written request, may view or copy a photograph or video recording or may listen to or copy an audio recording of the killing of a law enforcement officer who was acting in accordance with his or her official duties, the killing of a victim of a school shooting, or the killing of a victim of a mass shooting, and, unless otherwise required in the performance of its their 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 to view or copy such photograph or video recording or listen to or copy such audio recording 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 a photograph or Page 3 of 9 CODING:
hb0653-00 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 HB 653 2018 (b) A local governmental entity, or a state or federal agency, in furtherance of its official duties, pursuant to a written request, may view or copy a photograph or video recording or may listen to or copy an audio recording of the killing of a person law enforcement officer who was acting in accordance with his or her official duties and, unless otherwise required in the performance of its their duties, the identity of the deceased shall remain confidential and exempt.
hb0653-01-e1 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  HB 6, Engrossed 1 2018 video recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties, the killing of a victim of a school shooting, or the killing of a victim of a mass shooting, or to listen to or copy an audio recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties, the killing of a victim of a school shooting, or the killing of a victim of a mass shooting, and may prescribe any restrictions or stipulations that the court deems appropriate.
(c) The custodian of the record, or his or her designee, may not permit any other person to view or copy such photograph or video recording or listen to or copy such audio recording 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 a photograph or video recording that depicts or records the killing of a person law enforcement officer who was acting in accordance with his or her official duties or to listen to or copy an audio recording that depicts or records the killing of a person law enforcement officer who was acting in accordance with his or her official duties and may prescribe any restrictions or stipulations that the court deems appropriate.
The seriousness of the intrusion into the family's Page 3 of 8 CODING:
The seriousness of the intrusion into the family's right to privacy and whether such disclosure is the least intrusive means available;
Words stricken are deletions;
words underlined are additions.
hb0653-00 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 HB 653 2018 right to privacy and whether such disclosure is the least intrusive means available;
(c) In all cases, the viewing, copying, listening to, or other handling of a photograph or video or audio recording that depicts or records the killing of a person law enforcement officer who was acting in accordance with his or her official duties must be under the direct supervision of the custodian of the record or his or her designee.
(c) In all cases, the viewing, copying, listening to, or other handling of a photograph or video or audio recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties, the killing of a victim of a school shooting, or the killing of a victim of a mass shooting must be under the direct supervision of the custodian of the record or his or her designee.
(5) A surviving spouse shall be given reasonable notice of a petition filed with the court to view or copy a photograph or video recording that depicts or records the killing of a person law enforcement officer who was acting in accordance with his or her official duties or to listen to or copy any such audio recording, a copy of such petition, and reasonable notice of the opportunity to be present and heard at any hearing on the matter.
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If there is no surviving spouse, then such notice must be given to the parents of the deceased and, if the deceased has no surviving living parent, then to the adult children of the deceased.
(6)(a) Any custodian of a photograph or video or audio recording that depicts or records the killing of a person law enforcement officer who was acting in accordance with his or her official duties who willfully and knowingly violates this Page 4 of 8 CODING:
hb0653-00 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 HB 653 2018 section commits a felony of the third degree, punishable as provided in s.
hb0653-01-e1 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  HB 6, Engrossed 1 2018 (5) A surviving spouse shall be given reasonable notice of a petition filed with the court to view or copy a photograph or video recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties, the killing of a victim of a school shooting, or the killing of a victim of a mass shooting, or to listen to or copy any such 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 the deceased has no surviving living parent, then to the adult children of the deceased.
(6)(a) Any custodian of a photograph or video or audio recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties, the killing of a victim of a school shooting, or the killing of a victim of a mass shooting who willfully and knowingly violates this section commits a felony of the third degree, punishable as provided in s.
(c) A criminal or administrative proceeding is exempt from this section but, unless otherwise exempted, is subject to all other provisions of chapter 119;, provided, however, that 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 a killing, crime scene, or similar photograph or video or audio recording recordings in the manner prescribed in this section herein.
(c) A criminal or administrative proceeding is exempt from Page 5 of 9 CODING:
(7) The This exemption in this section shall be given retroactive application and shall apply to all photographs or video or audio recordings that depict or record the killing of a person law enforcement officer who was acting in accordance with his or her official duties, regardless of whether the killing of the person occurred before, on, or after July 1, 2015 2011.
However, nothing in this section herein is intended to, nor may be construed to, overturn or abrogate or alter any existing orders duly entered into by any court of this state, as of the effective date of this act, which restrict or limit access to any photographs or video or audio recordings that depict or Page 5 of 8 CODING:
hb0653-00 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 HB 653 2018 record the killing of a person law enforcement officer who was acting in accordance with his or her official duties.
hb0653-01-e1 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  HB 6, Engrossed 1 2018 this section but, unless otherwise exempted, is subject to all other provisions of chapter 119;, provided, however, that 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 a killing, crime scene, or similar photograph or video or audio recording recordings in the manner prescribed in this section herein.
(7) The This exemption in this section shall be given retroactive application and shall apply to all photographs or video or audio recordings that depict or record the killing of a law enforcement officer who was acting in accordance with his or her official duties, the killing of a victim of a school shooting, or the killing of a victim of a mass shooting, regardless of whether the killing of the person occurred before, on, or after July 1, 2015 2011.
However, nothing in this section herein is intended to, nor may be construed to, overturn or abrogate or alter any existing orders duly entered into by any court of this state, as of the effective date of this act, which restrict or limit access to any photographs or video or audio recordings that depict or record the killing of a law enforcement officer who was acting in accordance with his or her official duties, the killing of a victim of a school shooting, or the killing of a victim of a mass shooting.
119.011.
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Words stricken are deletions;
words underlined are additions.
hb0653-01-e1 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  HB 6, Engrossed 1 2018 119.011.
(1) The Legislature finds that it is a public necessity that photographs and video and audio recordings that depict or record the killing of a person be made confidential and exempt from s.
(1) The Legislature finds that it is a public necessity that photographs and video and audio recordings that depict or record the killing of a victim of a school shooting or the killing of a victim of a mass shooting be made confidential and exempt from s.
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The Legislature finds that photographs and video and audio recordings that depict or record the killing of a person render a graphic and often disturbing visual or aural representation of the deceased.
The Legislature finds that photographs and video and audio recordings that depict or record the killing of a victim of a school shooting or the killing of a victim of a mass shooting render a graphic and often disturbing visual or aural representation of the deceased.
As such, photographs and video and audio recordings that depict or record the killing of a person are highly sensitive representations of the deceased which, if heard, viewed, copied, or publicized, could result in trauma, sorrow, humiliation, or emotional injury to the immediate family of the Page 6 of 8 CODING:
As such, photographs and video and audio recordings that depict or record the killing of a victim of a school shooting or the killing of a victim of a mass shooting are highly sensitive representations of the deceased which, if heard, viewed, copied, or publicized, could result in trauma, sorrow, humiliation, or emotional injury to the immediate family of the deceased and detract from the memory of the deceased.
The Page 7 of 9 CODING:
hb0653-00 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 HB 653 2018 deceased and detract from the memory of the deceased.
hb0653-01-e1 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  HB 6, Engrossed 1 2018 Legislature recognizes that the existence of the Internet and the proliferation of personal computers and cellular telephones throughout the world encourages and promotes the wide dissemination of such photographs and video and audio recordings 24 hours a day and that widespread unauthorized dissemination of such photographs and video and audio recordings would subject the immediate family of the deceased to continuous injury.
The Legislature recognizes that the existence of the Internet and the proliferation of personal computers and cellular telephones throughout the world encourages and promotes the wide dissemination of such photographs and video and audio recordings 24 hours a day and that widespread unauthorized dissemination of such photographs and video and audio recordings would subject the immediate family of the deceased to continuous injury.
(2) In addition to the emotional and mental injury that these photographs and recordings may cause family members, the Legislature is also concerned that dissemination of photographs and video and audio recordings that depict or record the killing of a victim of a school shooting or the killing of a victim of a mass shooting is harmful to the public.
(2) In addition to the emotional and mental injury that these photographs and recordings may cause family members, the Legislature is also concerned that dissemination of photographs and video and audio recordings that depict or record the killing of a person is harmful to the public.
The Legislature is gravely concerned and saddened by the horrific mass killings perpetrated at the Pulse nightclub in Orlando, the Fort Lauderdale-Hollywood International Airport, and Marjory Stoneman Douglas High School.
The Legislature is gravely concerned and saddened by the horrific mass killings perpetrated at the Pulse nightclub in Orlando and the Fort Lauderdale- Hollywood International Airport.
(3) The Legislature further recognizes that there continues to be other types of available information, such as crime scene reports, which are less intrusive and injurious to Page 7 of 8 CODING:
(3) The Legislature further recognizes that there continues to be other types of available information, such as crime scene reports, which are less intrusive and injurious to Page 8 of 9 CODING:
hb0653-00 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 HB 653 2018 the immediate family of the deceased and which continue to provide for public oversight.
hb0653-01-e1 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  HB 65, Engrossed 1 2018 the immediate family of the deceased and which continue to provide for public oversight.
This act shall take effect October 1, 2018.
This act shall take effect upon becoming a law.
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hb0653-00
hb0653-01-e1
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Action History

  1. Died in Messages

  2. Indefinitely postponed and withdrawn from consideration

  3. In Messages

  4. Passed as amended; YEAS 107 NAYS 0

  5. Read 3rd time

  6. Placed on 3rd reading

  7. Amendment(s) adopted (413703) -HJ 781, 782

  8. Read 2nd time

  9. Placed on Special Order Calendar, 03/02/18

  10. Placed on Calendar

  11. Favorable by- Government Accountability Committee; YEAS 22 NAYS 0

  12. On Committee agenda-- Government Accountability Committee, 02/22/18, 9:00 am, Morris Hall

  13. Now in Government Accountability Committee

  14. Favorable by Criminal Justice Subcommittee; YEAS 12 NAYS 1

  15. On Committee agenda-- Criminal Justice Subcommittee, 01/29/18, 3:00 pm, Sumner Hall

  16. Now in Criminal Justice Subcommittee

  17. Favorable by Oversight, Transparency and Administration Subcommittee; YEAS 12 NAYS 0

  18. On Committee agenda-- Oversight, Transparency and Administration Subcommittee, 01/23/18, 3:30 pm, Morris Hall

  19. Introduced

  20. Referred to Oversight, Transparency and Administration Subcommittee; Criminal Justice Subcommittee; Government Accountability Committee

  21. Filed

Sponsors

  • Brown · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Brown

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage, Third Reading

Passed 107 Yea · 0 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 86006
Republican 17003
Democrat 4001
Total 1070010
% of votes cast 91%0%0%9%
How each member voted (117)
Member Party Vote
Gonzalez — Yea
Alexander — Yea
Grant, M. — Yea
Raschein — Yea
Caldwell — Yea
Slosberg — Yea
Clemons — Yea
Smith — Yea
Latvala — Yea
Cortes, B. — Yea
Lee — Yea
Cortes, J. — Yea
Sullivan — Yea
Diaz, M. — Yea
Moraitis — Yea
Watson, B. — Yea
Watson, C. — Yea
Nunez — Yea
Williams — Yea
Fitzenhagen — Yea
Abruzzo — Not Voting
Altman — Not Voting
Grant, J. — Not Voting
Ahern — Yea
Asencio — Yea
Ausley — Yea
Bileca — Yea
Beshears — Yea
Byrd — Yea
Brown — Yea
Corcoran — Yea
Cruz — Yea
Cummings — Yea
Diamond — Yea
Donalds — Yea
Drake — Yea
DuBose — Yea
Duran — Yea
Edwards-Walpole — Yea
Eagle — Yea
Fant — Yea
Fine — Yea
Fischer — Yea
Geller — Yea
Good — Yea
Goodson — Yea
Hager — Yea
Hardemon — Yea
Harrison — Yea
Henry — Yea
Ingoglia — Yea
Ingram — Yea
Jacobs — Yea
Jacquet — Yea
Killebrew — Yea
Jenne — Yea
Magar — Yea
Mariano — Yea
McGhee — Yea
Mercado — Yea
Metz — Yea
Moskowitz — Not Voting
Newton — Yea
Oliva — Yea
Olszewski — Yea
Payne — Yea
Peters — Not Voting
Pigman — Not Voting
Ponder — Yea
Porter — Yea
Pritchett — Yea
Raburn — Yea
Renner — Yea
Richardson — Yea
Rodrigues — Yea
Rommel — Yea
Roth — Yea
Russell — Yea
Santiago — Yea
Shaw — Yea
Silvers — Yea
Sprowls — Yea
Spano — Yea
Stafford — Yea
Stevenson — Yea
Stone — Yea
Toledo — Yea
Trujillo — Yea
White — Yea
Willhite — Yea
Williamson — Yea
La Rosa — Yea
Antone, Bruce Hadley Democrat Not Voting
Berman, Lori Democrat Yea
Daniels, Kimberly Democrat Yea
Davis, Tracie Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Brodeur, Jason Republican Not Voting
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
Grall, Erin Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Not Voting
Leek, Thomas J. "Tom" Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
Miller, Monique Republican Yea
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Not Voting
Stark, Paula A. Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable (Government Accountability Committee)

Passed 22 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 19001
Democrat 1000
Republican 2001
Total 22002
% of votes cast 92%0%0%8%
How each member voted (24)
Member Party Vote
Abruzzo — Yea
Watson, B. — Yea
Watson, C. — Yea
Caldwell — Not Voting
Latvala — Yea
Raschein — Yea
Sullivan — Yea
Drake — Yea
Fant — Yea
Henry — Yea
Jacobs — Yea
Newton — Yea
Nuñez — Yea
Olszewski — Yea
Pigman — Yea
Rommel — Yea
Santiago — Yea
Stone — Yea
Willhite — Yea
Williamson — Yea
Smith, Carlos Guillermo Democrat Yea
Albritton, Ben Republican Yea
McClain, Stan Republican Yea
Plakon, Rachel Saunders Republican Not Voting

Official roll call →

Favorable (Criminal Justice Subcommittee)

Passed 12 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10101
Republican 2000
Total 12101
% of votes cast 86%7%0%7%
How each member voted (14)
Member Party Vote
Alexander — Yea
Gonzalez — Yea
Latvala — Yea
Sullivan — Yea
Altman — Yea
Slosberg — Nay
Eagle — Yea
Hager — Yea
Moskowitz — Not Voting
Pritchett — Yea
Richardson — Yea
Spano — Yea
Harrell, Gayle Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable (Oversight, Transparency & Administration Subcommittee)

Passed 12 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 2001
Democrat 2000
Unaffiliated 8002
Total 12003
% of votes cast 80%0%0%20%
How each member voted (15)
Member Party Vote
Sullivan — Not Voting
Caldwell — Yea
Drake — Yea
Edwards-Walpole — Yea
Henry — Yea
Ingoglia — Yea
Pigman — Yea
Rommel — Not Voting
Stone — Yea
Williamson — Yea
Daniels, Kimberly Democrat Yea
Davis, Tracie Democrat Yea
Burgess, Danny Republican Yea
McClure, Lawrence Republican Yea
Yarborough, Clay Republican Not Voting

Official roll call →

Subjects

public-safety education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 653?
HB 653 is sponsored by Brown.
What is the current status of HB 653?
This bill died with 2018 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 653?
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