CopyCited 24 times | Published | Florida 5th District Court of Appeal | 2002 WL 1483806
...ate of Florida. Daniel D. Eckert, County Attorney, Deland, for Appellee/Cross-Appellant County of Volusia, Office of the Medical Examiner. SAWAYA, J. Campus Communications, Inc. (Campus) appeals the final judgment finding Chapter 2001-1, codified at section 406.135, Florida Statutes (2001), constitutional and retroactively applicable to the request made by Campus to view and copy the autopsy photographs of R....
...tographs would be permanently sealed. Neither Campus nor Mr. Uribe participated in the mediated settlement and on the same day the agreement was reached, Campus made its request for the photographs. On March 29, 2001, the Florida Legislature enacted section 406.135, which was signed by Governor Bush and became effective on that same date....
...Trial subsequently commenced, evidence and testimony were presented, and the trial court rendered its decision finding the statute constitutional and retroactively applicable to the requests made by Campus and Mr. Uribe. The issues we are confronted with in the instant proceedings are 1) whether section 406.135 is overly broad and therefore unconstitutional; 2) whether the statute should be applied retroactively; and 3) whether the trial court erred in finding that Campus failed to establish good cause under the statute to allow inspection and copying of the photographs....
...We need not address the specificity requirement any further because Campus does not forcefully challenge the Legislature's statement of public necessity. Rather, Campus focuses on the argument that the exemption is overly broad. The Exemption Must Not Be Overly Broad Campus contends that section 406.135 is unconstitutional because it is broader than necessary to meet the statute's public purpose....
...t trauma does not always result from their viewing. Therefore, Campus asserts, the Legislature exempted more records than were necessary to serve the purpose of the statute. [3] *394 We disagree that the statute is overly broad. We find the scope of section 406.135 to be specific and narrow: it applies only to autopsy photographs and audio and video recordings of the autopsy....
...Equally important, despite the fact that autopsy photographs and audio and video recordings are no longer considered unrestricted public records, is the inclusion of the good cause provisions which do allow the publication of these restricted records if the statutory criteria are established. See § 406.135(2)(a), Fla....
...e grounds advanced by Campus in the instant case, but the supreme court approved the exemption as being "supported by a thoroughly articulated public policy." Id. at 1251 (footnote omitted). Like the court in Bryan, we find the exemption provided in section 406.135 to be supported by a thoroughly articulated public policy and reject the argument that it is overly broad....
...Campus next assails the "good cause" provision of the statute, protesting that the Legislature did not define this term. [4] We find that this argument lacks *395 merit because the statute requires consideration of specific criteria to determine whether good cause has been shown. See § 406.135(2)(a), Fla....
...(2001); Department of Health & Rehabilitative Servs. v. Gainesville Sun Publ'g Co.,
582 So.2d 725 (Fla. 1st DCA 1991). Therefore, the statute is not invalid because it fails to specifically define a term for which the courts already know the meaning. [5] We find that section
406.135 serves an identifiable public purpose, is no broader than necessary to meet that public purpose and was enacted in accordance with the constitutional and legislative requirements we have previously discussed. The presumption of constitutionality has not been overcome by Campus. Therefore, we conclude that section
406.135 is constitutional....
...need to resort to these canons of statutory construction.") (citations omitted); ( Modder v. American Nat'l Life Ins. Co.,
688 So.2d 330, 333 (Fla.1997). *396 In the instant case, the Legislature was clear in its intent, twice expressly stating that section
406.135 was to be applied retroactively. §
406.135(4), Fla....
...affects substantive rights ... is a well established rule of statutory construction" that "comes into play in the absence of an express statement of legislative intent.") (citations omitted). Hence we consider next whether retroactive application of section 406.135 is constitutionally permissible....
...2d DCA 1965)); see also City of Orlando v. Desjardins,
493 So.2d 1027, 1028 (Fla.1986) ("If a statute is found to be remedial in nature, it can and should be retroactively applied in order to serve its intended purposes."). As will be discussed, we find that section
406.135 is remedial and reject the argument advanced by Campus that its retroactive application does abrogate or impair a vested right. Section
406.135 Is Remedial One of the primary purposes of enacting remedial legislation is to correct or remedy a problem or redress an injury....
...s, especially over the Internet. Finding that this sort of public display of a decedent's remains is not only injurious to the family members of the decedent, but morally reprehensible and anathema to the citizens of Florida, the Legislature enacted section 406.135 to mitigate the harsh provisions of the Act that would allow public disclosure of such records....
...ied *398 retroactively if it impairs vested rights, creates new obligations, or imposes new penalties. We find language in Chase Federal, Laforet, and Arrow Air that supports this argument. See also Catinella. Therefore, because Campus contends that section 406.135 abrogates Campus's vested right to inspect and copy the autopsy photographs, we will next consider whether retroactive application of the statute should be prohibited on this ground. Retroactive Application Of Section 406.135 Does Not Abrogate A Vested Right The courts have been loath to formulate a definition of "vested right" that can be applied in all cases with precision and certainty....
...Moreover, adoption of such a rule would require us to ignore decisions of the courts of this state that have given retroactive application to such statutory exemptions. See Roberts; Desjardins. This we cannot do. Hence we reject the argument advanced by Campus that retroactive application of section 406.135 abrogates a vested right. The last issue we must address is whether the trial court erred in finding that Campus failed to establish good cause under section 406.135. Good Cause Campus argues that even if section 406.135 is constitutional, the trial court erred in finding that Campus failed to establish good cause for release of the photographs....
...ernment's performance; 2) the seriousness of the intrusion into the family's right to privacy; 3) whether disclosure is the least intrusive method available; and 4) the availability of similar information in other public records, regardless of form. § 406.135(2)(a), Fla....
...Estate of Williams,
493 So.2d 44 (Fla. 5th DCA 1986). Based on our thorough review of the record in the instant case and our analysis of this issue, we conclude that the trial court did not abuse its discretion in finding that Campus failed to establish good cause under section
406.135....
...*403 Rather, our function has been to determine whether the Legislature has declared that the latter prevails over the former in a manner that is consistent with the constitutional provisions that bestow upon it the power to do so. We have fulfilled our judicial responsibility in this matter by determining whether section 406.135 was constitutionally enacted and whether it was properly applied under the facts and circumstances of the instant case. Having concluded that it was, we affirm the judgment under review. We conclude our judicial responsibility by certifying to the Florida Supreme Court the following questions to be of great public importance: 1. IS SECTION 406.135 CONSTITUTIONAL? 2. IF SECTION 406.135 IS CONSTITUTIONAL, SHOULD IT BE APPLIED RETROACTIVELY? AFFIRMED; QUESTIONS CERTIFIED....
...The Appellees are Teresa Earnhardt, the Estate of Dale Earnhardt, Dale Earnhardt Jr., Taylor Earnhardt, Dale Earnhardt, Inc., the Volusia County Office of the Medical Examiner, and the State of Florida. An amicus curiae brief was filed by Governor Jeb Bush supporting Appellees' position on the constitutionality of section 406.135....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2005 WL 3112545
...trial of Danny Rolling, which would have permitted the Media to view and inspect the exhibits. See State v. Rolling, 22 Media L. Rep. (BNA) 2264,
1994 WL 722891 (Fla. 8th Cir.Ct.1994). Ultimately, the trial court was persuaded that the enactment of section
406.135, Florida Statutes (2005), and certain provisions in chapter 119, Florida Statutes (2005), required it to enter an order more restrictive than the order entered in the Rolling case....
...issues and without declaring statutes unconstitutional. See Singletary v. State,
322 So.2d 551 (Fla.1975). In its November 17, 2005, order, the trial court concluded that the specific exhibits were exempt and confidential, relying on the content of section
406.135 and chapter 119, Florida Statutes (2005). Without regard to their constitutionality, these statutes on their face do not render these exhibits confidential. Accordingly, resolution of this petition does not require that we review the constitutional sufficiency of any statute. III. SECTION
406.135, FLORIDA STATUTES (2005) Section
406.135 was enacted in response to efforts by some to obtain copies of autopsy photographs concerning the death of Dale Earnhardt....
...I of the State Constitution." (Emphasis supplied.) The exhibits in evidence in the trial court are not in the custody of a medical examiner as the records of the county medical examiner; they are in the custody of the clerk of court as circuit court records. Moreover, section 406.135(3)(c) states that a criminal ....
...ngs in the manner prescribed herein. Thus, the statute expressly exempts criminal court proceedings from its application. The legislature directs the reader to chapter 119 to determine whether it may provide some other applicable exemption. Although section 406.135 may not "prohibit" a court in a criminal proceeding *14 upon good cause shown from restricting or otherwise controlling the disclosure of an autopsy, crime scene, or similar photograph or video or audio recordings in the manner prescribed in that statute, as we will soon discover the regulation of the trial court in this function is controlled by rule 2.051, which establishes different tests to comply with constitutional requirements. Thus section 406.135 does not render these court exhibits confidential....
...interests set forth in subdivision (A); and (D) except as provided by law or rule of court, reasonable notice shall be given *16 to the public of any order closing any court record. The trial court's order considered the "good cause" requirements in section 406.135, but did not consider the requirements of this rule....
CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
...rdered? 3. May autopsy photographs be used for training purposes by a national association of medical examiners, if a court order has been obtained allowing such use? Due to the interrelated nature of your questions, they will be discussed together. Section 406.135 (1), Florida Statutes, states: "A photograph or video or audio recording of an autopsy in the custody of a medical examiner is confidential and exempt from the requirements of s....
...The opinion warns, however, that access to such photographs or videotapes by making a written request to the medical examiner is clearly limited to public agencies, making it impermissible to use them to provide training to private entities unless a court order has been obtained as provided in the statute. Section 406.135 (2)(a), establishes a procedure whereby a court may allow access to autopsy photographs or videotapes by any person upon a showing of good cause....
...ubject are required. 2 In Campus Communications, Inc., v. Earnhardt , 3 a newspaper publishing company sought access to view and copy autopsy photographs under the public records law. The trial court denied access based upon the exemption created by section 406.135 , Florida Statutes, and the company's failure to establish good cause to allow it to inspect and copy the photographs....
...oses to non-public agencies or associations when a court has made the appropriate finding of good cause and the family of the deceased has been provided notice and the opportunity to attend and be heard at any hearing on the matter, as prescribed in section 406.135 , Florida Statutes....
...ial." The medical examiner's office in subsequent conversations with this office indicated that the identity of the deceased was shielded by placing a black strip over the decedent's eyes and maintaining the confidentiality of the deceased's name. 2 Section
406.135 (2)(b), Fla. Stat. 3
821 So.2d 388 (Fla. 5th DCA 2002), pet. for review granted; case pending SCO2-1635. 4 In Campus Communications , the plaintiff primarily attacked the constitutionality of section
406.135 , Fla....
