Are photos taken by a medical examiner's investigator at a car accident scene exempt from Florida public records disclosure?

Subject

Records, accident scene photos

Plain-English summary

In a 2007 informal letter about photographs taken by a medical examiner's investigator at a vehicle accident scene, the Florida Attorney General's office relied on its earlier reading of section 406.135. That reading excluded crime scene photographs from the autopsy-record exemption, but covered photographs and recordings made by the medical examiner as part of the autopsy process, including some made before or after the actual procedure.

The letter did not classify individual accident photographs. Its distinction turned on their connection to an autopsy, rather than the photographer's title or the medical examiner's possession alone.

Currency note

This opinion was issued in 2007. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Were accident scene photographs confidential because a medical examiner's investigator took them?
The letter gave no such blanket rule. It recalled the earlier office conclusion that crime scene photographs fell outside section 406.135's autopsy exemption.

Could a photograph taken before an autopsy still be covered?
Under the earlier opinion as described here, yes, if it was made by the medical examiner as part of the autopsy process. The letter also described photographs made during and after the procedure as within that category.

Did the office decide whether the constituent could obtain each photograph?
The letter explained the scope of the autopsy exemption by referring to the earlier opinion. It did not describe or classify each requested image.

Background and statutory framework

Senator Evelyn Lynn asked on behalf of a constituent about accident site photographs. The medical examiner's office had cited section 406.135. The AG's office quoted that statute's exemption for autopsy photographs and recordings held by a medical examiner and described its earlier distinction in Attorney General Opinion 2001-47 between crime scene and autopsy-process images.

Citations and references

The letter discusses section 406.135, Florida Statutes, and Attorney General Opinion 2001-47.

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/records-accident-scene-photos
• Official print view: https://www.myfloridalegal.com/print/pdf/node/1887

Original opinion text

The Honorable Evelyn J. Lynn

Senator, District 7

536 North Halifax Avenue

Suite 101

Daytona Beach, Florida 32118

Dear Senator Lynn:

This is in response to your request for an opinion on behalf of a constituent as to whether photographs taken by the medical examiner's investigator at the site of an automobile accident are exempt from disclosure under Florida's Public Records Law. The medical examiner's office has advised the individual that the photographs are protected from disclosure pursuant to section 406.135, Florida Statutes.

Section 406.135(2), Florida Statutes, states:

"A photograph or video or audio recording of an autopsy held by a medical examiner is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that a surviving spouse may view and copy a photograph or video recording or listen to or copy an audio recording of the deceased spouse's autopsy. . . ."

For purposes of section 406.135, the term "medical examiner" includes any district medical examiner, or substitute medical examiner acting pursuant to Chapter 406, 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 performance of his or her official duties."[1]

This office has previously addressed the question of whether the exemption in section 406.135, Florida Statutes, includes crime scene photographs, pre-autopsy photographs of the body, and post-autopsy photographs of the body that are in the custody of the medical examiner. In Attorney General Opinion 2001-47, it was concluded that since the exemption by its terms applies only to "autopsy photographs or video or audio recordings," crime scene photographs are not included within the scope of the exemption. However, it was found that the exemption would apply to photographs and recordings taken or made by the medical examiner as a part of the autopsy process, including those taken before, during, and after the medical examiner performs the actual autopsy procedure. A copy of the opinion is enclosed for your review.

I trust this will be of assistance to you.

Sincerely,

Lagran Saunders

Assistant Attorney General

ALS/tsh

Enclosure

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[1] Section 406.135(1), Fla. Stat.