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All autopsy photos are public record now.
Anyone who violated the ban or a judge's conditions for the release of the photos would be guilty of a third-degree felony, punishable by five years in prison. Barbara Petersen, executive director of the First Amendment Foundation in Tallahassee, said it would be all but impossible to gain access to autopsy photos if the legislation becomes law. She said a newspaper or anyone else wanting to see the photos would have to file a lawsuit against the county medical examiner and ask a judge to issue a subpoena requiring the release of the photos. Last year, the St. Petersburg Times filed a lawsuit and successfully persuaded a judge to order the release of photos of the 1995 autopsy of Lisa McPherson , who died while in the care of Church of Scientology staffers. The newspaper did not publish the photos, but a few of the 40 photos were placed on the Times' Web site. ''While those photos were difficult and challenging and disturbing,'' Tash said, ''we thought it vital that the public be able to review them.