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FL H0653

Bill

Status

Failed

3/10/2018

Primary Sponsor

Kamia Brown

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • Expands public records exemption in Florida Statutes § 406.136 to include photographs, videos, or audio recordings depicting or recording the killing of victims in school shootings or mass shootings (3+ deaths by intentional gun violence), in addition to existing exemption for law enforcement officer killings.

  • Makes such recordings confidential and exempt from public records disclosure, with access limited to surviving spouses, then parents, then adult children of the deceased; surviving relatives may designate an agent and local/state/federal agencies may access records for official duties.

  • Permits courts to order disclosure upon showing good cause, considering whether disclosure is necessary for public evaluation of government performance, the seriousness of privacy intrusion, and availability of less intrusive information like crime scene reports.

  • Establishes third-degree felony penalties for custodians who willfully and knowingly violate the exemption and for persons who violate court orders authorizing disclosure; criminal or administrative proceedings remain exempt from this section but courts may restrict disclosure under this section's procedures.

  • Applies retroactively to all recordings regardless of when the killing occurred; subject to Open Government Sunset Review Act with automatic repeal on October 2, 2023, unless reenacted by the Legislature; effective upon becoming law.

Legislative Description

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

3/10/2018

Committee Referrals

Government Accountability Committee1/29/2018
Criminal Justice Subcommittee1/23/2018
Oversight, Transparency and Administration Subcommittee11/27/2017

Full Bill Text

No bill text available