Senate Bill sb0284c1

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    Florida Senate - 2004                            CS for SB 284

    By the Committee on Communication and Public Utilities; and
    Senator Aronberg




    319-1292-04

  1                      A bill to be entitled

  2         An act relating to video voyeurism; creating s.

  3         810.145, F.S.; providing definitions;

  4         prohibiting a person from secretly viewing,

  5         recording, or broadcasting images of another

  6         person for the purpose of entertainment, sexual

  7         arousal, profit, or abuse when that other

  8         person is in a location that provides a

  9         reasonable expectation of privacy; prohibiting

10         a person from secretly filming, recording, or

11         broadcasting images of another person under or

12         through that other person's clothing for the

13         purpose of viewing that other person's body or

14         undergarments without consent of the person

15         viewed; prohibiting a person from disseminating

16         images when the person disseminating the images

17         knows that the images were recorded in

18         violation of law; prohibiting a person from

19         selling images to another for consideration

20         when the person selling the images knows that

21         the images were recorded in violation of law;

22         prohibiting a person from disseminating images

23         that were recorded in violation of law to

24         another person for that person to sell the

25         images to others; providing for certain

26         exceptions; providing criminal penalties;

27         defining a previous conviction or adjudication

28         of delinquency; amending s. 932.701, F.S.;

29         defining the term "contraband article" to

30         include any imaging equipment, format, or

31         device used in violation of law; amending s.

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    Florida Senate - 2004                            CS for SB 284
    319-1292-04




 1         932.7055, F.S.; requiring agencies seizing

 2         images of persons recorded in violation of law

 3         to destroy the images; providing that the

 4         seizing agency may not retain or sell the

 5         images; amending s. 932.707, F.S.; conforming a

 6         cross-reference; reenacting ss. 705.101(6) and

 7         932.703(4), F.S., relating to definitions of

 8         lost or abandoned property and the seizure of a

 9         vessel, motor vehicle, aircraft, other personal

10         property, or real property in or on which a

11         contraband article is located, to incorporate

12         the amendment to s. 932.701, F.S., in

13         references thereto; providing an effective

14         date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Section 810.145, Florida Statutes, is

19  created to read:

20         810.145  Video voyeurism.--

21         (1)  As used in this section, the term:

22         (a)  "Broadcast" means electronically transmitting a

23  visual image with the intent that it be viewed by another

24  person.

25         (b)  "Imaging device" means any mechanical, digital, or

26  electronic viewing device, still camera, camcorder, motion

27  picture camera, or any other instrument, equipment, or format

28  capable of recording, storing, or transmitting visual images

29  of another person.

30         (c)  "Place and time when a person has a reasonable

31  expectation of privacy" means a place and time when a

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    Florida Senate - 2004                            CS for SB 284
    319-1292-04




 1  reasonable person would believe that he or she could fully

 2  disrobe in privacy, without being concerned that the person's

 3  undressing was being viewed, recorded, or broadcasted by

 4  another, including, but not limited to, the interior of a

 5  bathroom, changing room, fitting room, dressing room, or

 6  tanning booth.

 7         (d)  "Privately exposing the body" means exposing a

 8  sexual organ.

 9         (2)  A person commits the offense of video voyeurism if

10  that person:

11         (a)  For his or her own amusement, entertainment,

12  sexual arousal, gratification, or profit, or for the purpose

13  of degrading or abusing another person, intentionally uses or

14  installs an imaging device to secretly view, broadcast, or

15  record a person, without that person's knowledge or consent,

16  who is dressing, undressing, or privately exposing the body,

17  at a place and time when that person has a reasonable

18  expectation of privacy;

19         (b)  For the amusement, entertainment, sexual arousal,

20  gratification, or profit of another, or on behalf of another,

21  intentionally permits the use or installation of an imaging

22  device to secretly view, broadcast, or record a person,

23  without that person's knowledge or consent, who is dressing,

24  undressing, or privately exposing the body, at a place and

25  time when that person has a reasonable expectation of privacy;

26  or

27         (c)  For the amusement, entertainment, sexual arousal,

28  gratification, or profit of oneself or another, or on behalf

29  of oneself or another, intentionally uses an imaging device to

30  secretly view, broadcast, or record under or through the

31  clothing being worn by another person, without that person's

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    Florida Senate - 2004                            CS for SB 284
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 1  knowledge or consent, for the purpose of viewing the body of,

 2  or the undergarments worn by, that person.

 3         (3)  A person commits the offense of video voyeurism

 4  dissemination if that person, knowing that an image was

 5  created in violation of this section, intentionally

 6  disseminates, distributes, or transfers the image to another

 7  person.

 8         (4)  A person commits the offense of commercial video

 9  voyeurism dissemination if that person:

10         (a)  Knowing that an image was created in violation of

11  this section, sells the image for consideration to another

12  person; or

13         (b)  Having created the image in violation of this

14  section, disseminates, distributes, or transfers the image to

15  another person for that person to sell the image to others.

16         (5)  This section does not apply to any:

17         (a)  Law enforcement agency conducting surveillance for

18  a law enforcement purpose;

19         (b)  Security system when a written notice is

20  conspicuously posted on the premises stating that a video

21  surveillance system has been installed for the purpose of

22  security for the premises; or

23         (c)  Video surveillance device that is installed in

24  such a manner that the presence of the device is clearly and

25  immediately obvious.

26         (d)  The dissemination, distribution, or transfer of

27  images subject to this section by a provider of an electronic

28  communication service as defined in 18 U.S.C. s. 2510(15),

29  excluding the exceptions to the definitions of the term

30  "electronic communication" set forth in 18 U.S.C. s.

31  

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    Florida Senate - 2004                            CS for SB 284
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 1  2510(12)(b) and (c), or a provider of a remote computing

 2  service as defined in 18 U.S.C. s. 2711(2).

 3         (6)  A person who violates this section commits a

 4  misdemeanor of the first degree for the first violation,

 5  punishable as provided in s. 775.082 or s. 775.083.

 6         (7)  A person who violates this section and who has

 7  previously been convicted or adjudicated delinquent two or

 8  more times of any violation of this section commits a felony

 9  of the third degree, punishable as provided in s. 775.082, s.

10  775.083, or s. 775.084.

11         (8)  For purposes of this section, a person has

12  previously been convicted of or adjudicated delinquent for a

13  violation of this section if the violation resulted in a

14  conviction that was sentenced separately, or an adjudication

15  of delinquency entered separately, prior to the current

16  offense.

17         Section 2.  Paragraph (a) of subsection (2) of section

18  932.701, Florida Statutes, is amended to read:

19         932.701  Short title; definitions.--

20         (2)  As used in the Florida Contraband Forfeiture Act:

21         (a)  "Contraband article" means:

22         1.  Any controlled substance as defined in chapter 893

23  or any substance, device, paraphernalia, or currency or other

24  means of exchange that was used, was attempted to be used, or

25  was intended to be used in violation of any provision of

26  chapter 893, if the totality of the facts presented by the

27  state is clearly sufficient to meet the state's burden of

28  establishing probable cause to believe that a nexus exists

29  between the article seized and the narcotics activity, whether

30  or not the use of the contraband article can be traced to a

31  specific narcotics transaction.

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    Florida Senate - 2004                            CS for SB 284
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 1         2.  Any gambling paraphernalia, lottery tickets, money,

 2  currency, or other means of exchange which was used, was

 3  attempted, or intended to be used in violation of the gambling

 4  laws of the state.

 5         3.  Any equipment, liquid or solid, which was being

 6  used, is being used, was attempted to be used, or intended to

 7  be used in violation of the beverage or tobacco laws of the

 8  state.

 9         4.  Any motor fuel upon which the motor fuel tax has

10  not been paid as required by law.

11         5.  Any personal property, including, but not limited

12  to, any vessel, aircraft, item, object, tool, substance,

13  device, weapon, machine, vehicle of any kind, money,

14  securities, books, records, research, negotiable instruments,

15  or currency, which was used or was attempted to be used as an

16  instrumentality in the commission of, or in aiding or abetting

17  in the commission of, any felony, whether or not comprising an

18  element of the felony, or which is acquired by proceeds

19  obtained as a result of a violation of the Florida Contraband

20  Forfeiture Act.

21         6.  Any real property, including any right, title,

22  leasehold, or other interest in the whole of any lot or tract

23  of land, which was used, is being used, or was attempted to be

24  used as an instrumentality in the commission of, or in aiding

25  or abetting in the commission of, any felony, or which is

26  acquired by proceeds obtained as a result of a violation of

27  the Florida Contraband Forfeiture Act.

28         7.  Any personal property, including, but not limited

29  to, equipment, money, securities, books, records, research,

30  negotiable instruments, currency, or any vessel, aircraft,

31  item, object, tool, substance, device, weapon, machine, or

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    Florida Senate - 2004                            CS for SB 284
    319-1292-04




 1  vehicle of any kind in the possession of or belonging to any

 2  person who takes aquaculture products in violation of s.

 3  812.014(2)(c).

 4         8.  Any motor vehicle offered for sale in violation of

 5  s. 320.28.

 6         9.  Any motor vehicle used during the course of

 7  committing an offense in violation of s. 322.34(9)(a).

 8         10.  Any personal property, including, but not limited

 9  to, any imaging device, used in violation of s. 810.145,

10  photograph, film, or other recorded image, including an image

11  recorded on videotape, a compact disk, digital tape, or fixed

12  disk, recorded in violation of s. 810.145.

13         Section 3.  Present subsections (2) through (8) of

14  section 932.7055, Florida Statutes, are redesignated as

15  subsections (3) through (9), respectively, and a new

16  subsection (2) is added to that section, to read:

17         932.7055  Disposition of liens and forfeited

18  property.--

19         (2)  Notwithstanding subsection (1), a seizing agency

20  must destroy any image and the medium on which the image is

21  recorded, including, but not limited to, a photograph, video

22  tape, diskette, compact disk, or fixed disk made in violation

23  of s. 810.145. The agency may not sell or retain any image.

24         Section 4.  Section 932.707, Florida Statutes, is

25  amended to read:

26         932.707  Penalty for noncompliance with reporting

27  requirements.--Any seizing agency that which fails to comply

28  with the reporting requirements as described in s.

29  932.7055(9)(a) s. 932.7055(8)(a), is subject to a civil fine

30  of $5,000 payable to the General Revenue Fund.  However, such

31  agency will not be subject to the fine if, within 60 days

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    Florida Senate - 2004                            CS for SB 284
    319-1292-04




 1  after of receipt of written notification from the Department

 2  of Law Enforcement of the noncompliance with the reporting

 3  requirements of the Florida Contraband Forfeiture Act, the

 4  agency substantially complies with those said requirements.

 5  The Department of Law Enforcement shall submit any substantial

 6  noncompliance to the Office of the Chief Financial Officer,

 7  which shall be responsible for the enforcement of this

 8  section.

 9         Section 5.  For the purpose of incorporating the

10  amendment made by this act to section 932.701, Florida

11  Statutes, in references thereto, subsection (6) of section

12  705.101, Florida Statutes, is reenacted to read:

13         705.101  Definitions.--As used in this chapter:

14         (6)  "Unclaimed evidence" means any tangible personal

15  property, including cash, not included within the definition

16  of "contraband article," as provided in s. 932.701(2), which

17  was seized by a law enforcement agency, was intended for use

18  in a criminal or quasi-criminal proceeding, and is retained by

19  the law enforcement agency or the clerk of the county or

20  circuit court for 60 days after the final disposition of the

21  proceeding and to which no claim of ownership has been made.

22         Section 6.  For the purpose of incorporating the

23  amendment made by this act to section 932.701, Florida

24  Statutes, in references thereto, subsection (4) of section

25  932.703, Florida Statutes, is reenacted to read:

26         932.703  Forfeiture of contraband article;

27  exceptions.--

28         (4)  In any incident in which possession of any

29  contraband article defined in s. 932.701(2)(a) constitutes a

30  felony, the vessel, motor vehicle, aircraft, other personal

31  property, or real property in or on which such contraband

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    Florida Senate - 2004                            CS for SB 284
    319-1292-04




 1  article is located at the time of seizure shall be contraband

 2  subject to forfeiture.  It shall be presumed in the manner

 3  provided in s. 90.302(2) that the vessel, motor vehicle,

 4  aircraft, other personal property, or real property in which

 5  or on which such contraband article is located at the time of

 6  seizure is being used or was attempted or intended to be used

 7  in a manner to facilitate the transportation, carriage,

 8  conveyance, concealment, receipt, possession, purchase, sale,

 9  barter, exchange, or giving away of a contraband article

10  defined in s. 932.701(2).

11         Section 7.  This act shall take effect July 1, 2004.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                              SB 284

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16  The CS for SB 284 provides an exemption from the video
    voyeurism provisions for the dissemination, distribution, or
17  transfer of images subject to this section by a provider of an
    electronic communication service. It also makes technical
18  changes.

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