Bill Text: FL S1506 | 2010 | Regular Session | Introduced

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Bill Title: Law Enforcement Photographs & Video Recordings/Use [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Criminal Justice [S1506 Detail]

Download: Florida-2010-S1506-Introduced.html

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Florida Senate - 2010                                    SB 1506 
 
By Senator Oelrich 
14-01548-10                                           20101506__ 
1                        A bill to be entitled 
2         An act relating to the use of law enforcement 
3         photographs, images, or video recordings; creating s. 
4         925.13, F.S.; prohibiting the commercial use or 
5         distribution of law enforcement photographs, images, 
6         or video recordings of a deceased person or that show 
7         a person’s extreme, severe, or acute injuries, which 
8         photographs, images, or video recordings are 
9         confidential and exempt from public-records laws; 
10         providing that such photographs, images, and video 
11         recordings remain confidential and exempt from public 
12         records laws when used or transmitted under certain 
13         circumstances; providing criminal penalties; providing 
14         that these provisions shall not be construed to 
15         prohibit constitutionally protected acts; providing an 
16         effective date. 
17 
18  Be It Enacted by the Legislature of the State of Florida: 
19 
20         Section 1. Section 925.13, Florida Statutes, is created to 
21  read: 
22         925.13 Use of certain law enforcement photographs, images, 
23  or video recordings.— 
24         (1)(a) Except as provided in paragraph (b), any person in 
25  possession of a law enforcement photograph, image, or video 
26  recording of a deceased person, a part of a deceased person, or 
27  any part of a person’s extreme, severe, or acute injuries that 
28  is confidential and exempt from s. 119.07(1) and s. 24(a), Art. 
29  I of the State Constitution may not use such photograph, image, 
30  or video recording for any commercial purpose or distribute it 
31  to any other person in any way, including, but not limited to, 
32  posting on the Internet or sending by electronic mail. 
33         (b) A law enforcement agency, in furtherance of its 
34  official duties or law enforcement training, may use or transmit 
35  photographs, images, or video recordings described in paragraph 
36  (a) via the Internet or by electronic mail, but only pursuant to 
37  a written request and, unless otherwise required in the 
38  performance of those duties, the identity of the deceased or 
39  injured person shall remain confidential and exempt from public 
40  records requests. 
41         (2) Any person who willfully and knowingly violates this 
42  section commits a felony of the third degree, punishable as 
43  provided in s. 775.082, s. 775.083, or s. 775.084. 
44         (3) Nothing in this section shall be construed to abridge 
45  the rights of any person that are protected by the First 
46  Amendment to the Constitution of the United States or s. 4, Art. 
47  I of the State Constitution. 
48         Section 2. This act shall take effect October 1, 2010.