HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 273 Pub. Rec./Autopsy Reports of Minor Victims of Domestic Violence
SPONSOR(S): Judiciary Committee, Criminal Justice Subcommittee, Clemons
TIED BILLS: IDEN./SIM. BILLS: SB 404
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee 18 Y, 0 N, As CS Leshko Hall
2) Ethics, Elections & Open Government 18 Y, 0 N Skinner Toliver
Subcommittee
3) Judiciary Committee 20 Y, 0 N, As CS Leshko Kramer
SUMMARY ANALYSIS
In cases of domestic violence resulting in death, an autopsy may be conducted to determine the victim’s specific cause of
death. Under s. 406.135, F.S., a photograph or video or audio recording of an autopsy held by a medical examiner is
confidential and exempt from public record requirements. However, current law does not exempt a medical examiner’s
written autopsy report from public record requirements. As such, an autopsy report containing graphic details about the
nature of the deceased’s injuries may be obtained and publicly shared without the surviving family member’s knowledge or
consent.
Under s. 119.071(2)(p), F.S., a photograph or video or audio recording that depicts or records the killing of a law enforceme nt
officer who was acting in accordance with his or her official duties or the killing of a victim of mass violence is confidential and
exempt from public record requirements.
Both exemptions above provide an exception for a surviving spouse, local government entity, or a state or federal agency, to
view and copy a photograph or video recording or to listen to or copy an audio recording of such records if certain
requirements are met. Additionally, upon a showing of good cause, a court may issue an order authorizing any other person
to view or copy a photograph or video recording or to listen to or copy an audio recording of such records under the
supervision of the custodian of records and may order any appropriate restrictions or stipulations on such access. If a petit ion
making such a request is filed, the court must provide the surviving spouse or other family member with notice and a copy of
the petition and an opportunity to be present and heard at any hearing on the petition.
CS/CS/HB 273 amends s. 406.135, F.S., creating the Rex and Brody Act, to make an autopsy report of a minor whose death
was related to an act of domestic violence confidential and exempt from public records requirements when held by a medical
examiner.
The bill further amends s. 119.071(2)(p), F.S., to make a photograph or video or audio recording that depicts or records the
killing of a minor confidential and exempt from public records requirements when held by an agency.
The bill includes an exception for both exemptions permitting a surviving parent of the deceas ed minor to view and copy or to
listen to and copy such records. In relation to an autopsy report of a minor the surviving parent must not have committed the
domestic violence which caused the minor’s death. Additionally, the bill requires, for both exempt ions, the surviving parent to
be notified of any petition filed to view or copy or listen to or copy such records, to be given a copy of the petition, and to be
given an opportunity to be present and heard at any hearing on such a petition. The bill requires any other person who
requests to copy, view, or listen to such records to comply with specified requirements.
The bill provides for retroactive application of the newly-created public record exemptions. The bill provides the public record
exemptions are subject to the Open Government Sunset Review Act and will be repealed on October 2, 2028, unless
reviewed and saved from repeal through reenactment by the Legislature.
The bill is effective upon becoming a law.
Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present and voting for
final passage of a newly-created or expanded public record or public meeting exemption. The bill creates a public
record exemption; thus, it requires a two-thirds vote for final passage.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Public Records
Article I, section 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
government records. This section guarantees every person the right to inspect or copy any public record
of the legislative, executive, and judicial branches of government. 1 The Legislature, however, may provide
by general law for exemption from public record requirements provided the exemption passes by two-
thirds vote of each chamber, states with specificity the public necessity justifying the exemption, and is no
broader than necessary to meet its public purpose. 2
The Florida Statutes also address the public policy regarding access to government records. Section
119.07(1), F.S., guarantees every person the right to inspect and copy any state, county, or municipal
record, unless the record is exempt.3 Furthermore, the Open Government Sunset Review Act4 provides
that a public record exemption may be created, revised, or maintained only if it serves an identifiable
public purpose and the Legislature finds that the purpose is sufficiently compelling to override the strong
public policy of open government and cannot be accomplished without the exemption. 5 An identifiable
public purpose is served if the exemption meets one of the following purposes:
 Allows the state or its political subdivisions to effectively and efficiently administer a governmental
program, which administration would be significantly impaired without the exemption;
 Protects sensitive personal information that, if released, would be defamatory or would jeopardize
an individual’s safety; however, only the identity of an individual may be exempted under this
provision; or
 Protects trade or business secrets.6
Pursuant to the Open Government Sunset Review Act, a new public record exemption or substantial
amendment of an existing public record exemption is repealed on October 2nd of the fifth year following
enactment, unless the Legislature reenacts the exemption. 7
Furthermore, there is a difference between records the Legislature designates as exempt from public
record requirements and those the Legislature deems confidential and exempt. A record classified as
exempt from public disclosure may be disclosed under certain circumstances. However, if the Legislature
designates a record as confidential and exempt from public disclosure, such record may not be released
by the custodian of public records to anyone other than the persons or entities specifically designated in
statute.8
1 Art. I, s. 24(a), FLA. C ONST.
2 Art. I, s. 24(c), FLA. C ONST.
3
A public record exemption means a provision of general law which provides that a specified record, or portion thereof, is not subject to the
access requirements of s. 119.07(1), F.S., or s. 24, Art. I of the State Constitution. S. 119.011(8), F.S.
4 S. 119.15, F.S.
5 S. 119.15(6)(b), F.S.
6
Id.
7 S. 119.15(3), F.S.
8 See WFTV, Inc. v. The School Board of Seminole, 874 So. 2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So. 2d 1015 (Fla. 2004);
City of Riviera Beach v. Barfield, 642 So. 2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So. 2d 687 (Fla. 5th DCA 1991);
See Attorney General Opinion 85-62 (August 1, 1985).
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 Confidentiality of Autopsy Photographs and Audio and Video Recordings
Section 406.135, F.S., makes a photograph or video or audio recording of an autopsy held by a medical
examiner9 confidential and exempt from public records requirements. However, a surviving spouse may
view and copy a photograph or video recording or listen to or copy an audio recording of his or her
deceased spouse’s autopsy. If the deceased has no surviving spouse, then a surviving parent or adult
child may have access to such records.10
A local governmental entity, or a state or federal agency, may make a written request to view or copy a
photograph or video recording or to listen to or copy an audio recording of an autopsy for the purpose of
performing its official duties. The local governmental entity, or state or federal agency, must keep the
identity of the deceased confidential, unless disclosure is otherwise required in the performance of its
official duties.11
Any other person wishing to access such photographs or recordings may petition the court for
authorization to view or copy a photograph or video recording or to listen to or copy an audio recording of
an autopsy. Upon a showing of good cause, a court may issue an order authorizing any person to view,
listen to, or copy such photographs or recordings under the supervision of the custodian of records and
may order any appropriate restrictions or stipulations on such access. 12 If a petition making such a request
is filed with the court, the surviving spouse or other family member must be given reasonable notice, a
copy of the petition, and have the opportunity to be present and heard at any hearing on the petition. 13
The court must consider the specified factors to determine if there is good cause relating to a request to
view, listen to, or copy an autopsy photograph or recording, including:
 Whether disclosure is necessary for the public evaluation of governmental performance;
 The seriousness of the intrusion into the deceased’s family’s right to privacy and whether
disclosure is the least intrusive means available; and
 The availability of similar information in other public records. 14
A custodian of a photograph or video or audio recording of an autopsy who willfully and knowingly violates
s. 406.135, F.S., commits a third-degree felony. Similarly, a person who willfully and knowingly violates a
court order regarding any photograph or video or audio recording of an autopsy commits a third-degree
felony.15
Criminal and administrative proceedings are exempt from s. 406.135, F.S., but must comply with all other
requirements of ch. 119, F.S., unless exempted. A court may, however, upon good cause shown restrict or
otherwise control the disclosure of an autopsy, crime scene, or similar photograph or video or audio
recordings in a criminal or administrative proceeding.16
While the photographs or video or audio recordings of an autopsy are protected from public disclosure,
generally a medical examiner’s case files and autopsy reports are public records and are open for
inspection and copying by any person.17 As such, an autopsy report containing graphic details about the
nature of the deceased’s injuries may be obtained and publicly shared without the surviving family
member’s knowledge or consent.18
9 Medical examiner is defined as any district medical examiner, associate medical examiner, or substitute medical examiner acti ng
pursuant to ch. 406, F.S., as well as any employee, deputy, or agent of a medical examiner or any other person who may obtain
possession of a photograph or audio or video recording of an autopsy in the course of assisting a medical examiner in the perf ormance of
his or her official duties. S. 406.135(1), F.S.
10 S. 406.135(2), F.S.,
11 S. 406.135(3)(b), F.S.
12 Ss. 406.135(3)(c) and (4), F.S.
13 S. 406.135(5), F.S. If there is no surviving spouse notice must be provided to the parents or adult children of the deceased.
14 S. 406.135(4)(b), F.S.
15 S. 406.135(6), F.S.
16 S. 406.135(7), F.S.
17 S. 119.01(1), F.S.; Campus Commun. Inc. v. Earnhardt, 821 So. 2d 388 (Fla. 5th DCA 2002) (holding s. 406.135, F.S., only applies to
autopsy photographs and audio and video recordings of the autopsy and does not apply to other records of the autopsy such as the written
autopsy report which remain unrestricted public records).
18 Autopsy reports involved in an active criminal investigation may be exempt from public record. S.119.071(2)(c), F.S.
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 Domestic Violence
Section 741.28, F.S., defines domestic violence as any assault, aggravated assault, battery, aggravated
battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false im prisonment, or
any criminal offense resulting in physical injury or death of one family or household member 19 by another
family or household member.20 In cases of domestic violence resulting in death, an autopsy may be
conducted to determine the victim’s specific cause of death.21
Confidentiality of Photographs and Audio and Video Recordings Related to the Killing of Specified Victims
Section 119.071(2)(p), F.S, makes 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 or the killing
of a victim of mass violence confidential and exempt from public records requirements when held by an
agency.22
“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 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. 23
“Killing of a victim of mass violence” means events that depict either a victim being killed or the body of a
victim killed in an incident in which three or more persons, not including the perpetrator, are killed by the
perpetrator of an intentional act of violence.24
A surviving spouse may view and copy a photograph or video recording or listen to or copy an audio
recording of such records. If the deceased has no surviving spouse, then a surviving parent or adult child
may have access to such records.25
A local governmental entity, or a state or federal agency, may make a written request to view or copy a
photograph or video recording 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 or the killing of a
victim of mass violence for the purpose of performing its official duties. The local governmental entity, or
state or federal agency, must keep the identity of the deceased confidential, unless disclosure is otherwise
required in the performance of its official duties.26
Any other person wishing to access such photographs or recordings may petition the court for
authorization to view or copy a photograph or video recording 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 or the killing of a victim of mass violence. Upon a showing of good cause, a court may issue
an order authorizing any person to view, listen to, or copy such photographs or recordings under the
supervision of the custodian of records and may order any appropriate restrictions or stipulations on such
access.27 If a petition making such a request is filed with the court, the surviving spouse or other family
member must be given reasonable notice, a copy of the petition, and have the opportunity to be present
and heard at any hearing on the petition.28
19
“Family or household member” means spouses, former spouses, persons related by blood or marriage, person s who are presently
residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a ch ild in common
regardless of whether they have been married. With the exception of persons who have a child in c ommon, the family or household
members must be currently residing or have in the past resided together in the same single dwelling unit. S. 741.28(3), F.S.
20 S. 741.28(2), F.S.
21 S. 406.11, F.S.
22 S. 119.071(2)(p)7., F.S.
23 S. 119.071(2)(p)1.a., F.S.
24 S. 119.071(2)(p)1.b., F.S.
25 S. 119.071(2)(p)2. F.S.,
26 S. 119.071(2)(p)3.b., F.S.
27 S. 119.071(2)(p)4.a., F.S.
28 S. 119.071(2)(p)5., F.S. If there is no surviving spouse notice must be provided to the parents or adult children of the deceased.
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 The court must consider specified factors to determine if there is good cause relating to a request to view,
listen to, or copy a photograph or recording that depicts or records the killing of a law enforcement officer
who was acting in accordance with his or her official duties or the killing of a victim of mass violence,
including:
 Whether disclosure is necessary for the public evaluation of governmental performance;
 The seriousness of the intrusion into the decea