| 1 | The Committee on Public Safety & Crime Prevention recommends the |
| 2 | following: |
| 3 |
|
| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to video voyeurism; creating s. 810.145, |
| 8 | F.S.; providing definitions; prohibiting a person from |
| 9 | intentionally using or installing, or permitting the use |
| 10 | or installation of, an imaging device to secretly view, |
| 11 | record, or broadcast images of another person for the |
| 12 | purpose of entertainment, sexual arousal, profit, or abuse |
| 13 | when that other person is in a location that provides a |
| 14 | reasonable expectation of privacy; prohibiting a person |
| 15 | from using an imaging device to secretly view, record, or |
| 16 | broadcast images of another person under or through that |
| 17 | other person's clothing for the purpose of viewing that |
| 18 | other person's body or undergarments without the consent |
| 19 | of the person being viewed; prohibiting a person from |
| 20 | disseminating images when the person disseminating the |
| 21 | images knows that the images were recorded in violation of |
| 22 | law; prohibiting a person from selling images to another |
| 23 | for consideration when the person selling the images knows |
| 24 | that the images were recorded in violation of law; |
| 25 | prohibiting a person from disseminating images that were |
| 26 | recorded in violation of law to another person for that |
| 27 | person to sell the images to others; providing for certain |
| 28 | exceptions; providing criminal penalties; defining a |
| 29 | previous conviction or adjudication of delinquency; |
| 30 | amending s. 877.26, F.S.; providing circumstances in which |
| 31 | a merchant or a merchant's employee is deemed not to have |
| 32 | directly observed a customer; amending s. 932.701, F.S.; |
| 33 | defining the term "contraband article" to include any |
| 34 | imaging equipment, format, or device used in violation of |
| 35 | law; amending s. 932.7055, F.S.; requiring agencies |
| 36 | seizing images of persons recorded in violation of law to |
| 37 | destroy the images; providing that the seizing agency may |
| 38 | not retain or sell the images; amending s. 932.707, F.S.; |
| 39 | conforming a cross reference; reenacting ss. 705.101(6) |
| 40 | and 932.703(4), F.S., relating to definitions of the terms |
| 41 | "unclaimed evidence" and "contraband article" and the |
| 42 | seizure of a vessel, motor vehicle, aircraft, other |
| 43 | personal property, or real property in or on which a |
| 44 | contraband article is located, to incorporate the |
| 45 | amendment to s. 932.701, F.S., in references thereto; |
| 46 | providing an effective date. |
| 47 |
|
| 48 | Be It Enacted by the Legislature of the State of Florida: |
| 49 |
|
| 50 | Section 1. Section 810.145, Florida Statutes, is created |
| 51 | to read: |
| 52 | 810.145 Video voyeurism.-- |
| 53 | (1) As used in this section, the term: |
| 54 | (a) "Broadcast" means electronically transmitting a visual |
| 55 | image with the intent that it be viewed by another person. |
| 56 | (b) "Imaging device" means any mechanical, digital, or |
| 57 | electronic viewing device, still camera, camcorder, motion |
| 58 | picture camera, or any other instrument, equipment, or format |
| 59 | capable of recording, storing, or transmitting visual images of |
| 60 | another person. |
| 61 | (c) "Place and time when a person has a reasonable |
| 62 | expectation of privacy" means a place and time when a reasonable |
| 63 | person would believe that he or she could fully disrobe in |
| 64 | privacy, without being concerned that his or her undressing was |
| 65 | being viewed, recorded, or broadcasted by another, including, |
| 66 | but not limited to, the interior of a bathroom, changing room, |
| 67 | fitting room, dressing room, or tanning booth. |
| 68 | (d) "Privately exposing the body" means exposing a sexual |
| 69 | organ. |
| 70 | (2) A person commits the offense of video voyeurism if |
| 71 | that person: |
| 72 | (a) For his or her own amusement, entertainment, sexual |
| 73 | arousal, gratification, or profit, or for the purpose of |
| 74 | degrading or abusing another person, intentionally uses or |
| 75 | installs an imaging device to secretly view, broadcast, or |
| 76 | record a person, without that person's knowledge or consent, who |
| 77 | is dressing, undressing, or privately exposing the body, at a |
| 78 | place and time when that person has a reasonable expectation of |
| 79 | privacy; |
| 80 | (b) For the amusement, entertainment, sexual arousal, |
| 81 | gratification, or profit of another, or on behalf of another, |
| 82 | intentionally permits the use or installation of an imaging |
| 83 | device to secretly view, broadcast, or record a person, without |
| 84 | that person's knowledge or consent, who is dressing, undressing, |
| 85 | or privately exposing the body, at a place and time when that |
| 86 | person has a reasonable expectation of privacy; or |
| 87 | (c) For the amusement, entertainment, sexual arousal, |
| 88 | gratification, or profit of oneself or another, or on behalf of |
| 89 | oneself or another, intentionally uses an imaging device to |
| 90 | secretly view, broadcast, or record under or through the |
| 91 | clothing being worn by another person, without that person's |
| 92 | knowledge or consent, for the purpose of viewing the body of, or |
| 93 | the undergarments worn by, that person. |
| 94 | (3) A person commits the offense of video voyeurism |
| 95 | dissemination if that person, knowing that an image was created |
| 96 | in violation of this section, intentionally disseminates, |
| 97 | distributes, or transfers the image to another person. |
| 98 | (4) A person commits the offense of commercial video |
| 99 | voyeurism dissemination if that person: |
| 100 | (a) Knowing that an image was created in violation of this |
| 101 | section, sells the image for consideration to another person; or |
| 102 | (b) Having created the image in violation of this section, |
| 103 | disseminates, distributes, or transfers the image to another |
| 104 | person for that person to sell the image to others. |
| 105 | (5) Except for the dissemination, distribution, or |
| 106 | transfer of images unrelated to the purpose of security, law |
| 107 | enforcement, or surveillance, this section does not apply to: |
| 108 | (a) Any law enforcement agency conducting surveillance for |
| 109 | a law enforcement purpose; |
| 110 | (b) Any security system when a written notice is |
| 111 | conspicuously posted on the premises stating that a video |
| 112 | surveillance system has been installed for the purpose of |
| 113 | security for the premises; |
| 114 | (c) Any video surveillance device that is installed and |
| 115 | operated in such a manner that the presence of the device is |
| 116 | clearly and immediately obvious; or |
| 117 | (d) The dissemination, distribution, or transfer of images |
| 118 | subject to this section by a provider of an electronic |
| 119 | communication service as defined in 18 U.S.C. s. 2510(15), or a |
| 120 | provider of a remote computing service as defined in 18 U.S.C. |
| 121 | s. 2711(2). For purposes of this section, the exceptions to the |
| 122 | definitions of the term "electronic communication" set forth in |
| 123 | 18 U.S.C. s. 2510(12)(a), (b), (c), and (d) shall not apply, but |
| 124 | rather shall be included within the definition of the term. |
| 125 | (6) Except as provided in subsection (7), a person who |
| 126 | violates this section commits a misdemeanor of the first degree, |
| 127 | punishable as provided in s. 775.082 or s. 775.083. |
| 128 | (7) A person who violates this section and who has |
| 129 | previously been convicted of or adjudicated delinquent for any |
| 130 | violation of this section commits a felony of the third degree, |
| 131 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 132 | (8) For purposes of this section, a person has previously |
| 133 | been convicted of or adjudicated delinquent for a violation of |
| 134 | this section if the violation resulted in a conviction that was |
| 135 | sentenced separately, or an adjudication of delinquency entered |
| 136 | separately, prior to the current offense. |
| 137 | Section 2. Section 877.26, Florida Statutes, is amended to |
| 138 | read: |
| 139 | 877.26 Direct observation, videotaping, or visual |
| 140 | surveillance of customers in merchant's dressing room, etc., |
| 141 | prohibited; penalties.-- |
| 142 | (1) It is unlawful for any merchant to directly observe or |
| 143 | make use of video cameras or other visual surveillance devices |
| 144 | to observe or record customers in the merchant's dressing room, |
| 145 | fitting room, changing room, or restroom when such room provides |
| 146 | a reasonable expectation of privacy. As used in this subsection, |
| 147 | the term "merchant" means an owner or operator, or the agent, |
| 148 | consignee, employee, lessee, or officer of an owner or operator, |
| 149 | of any premises or apparatus used for retail purchase or sale of |
| 150 | any merchandise. |
| 151 | (2) For purposes of this section, a merchant or a |
| 152 | merchant's employee does not directly observe a customer if the |
| 153 | customer knows or has reason to be aware of the presence of the |
| 154 | merchant or the merchant's employee in the merchant's dressing |
| 155 | room, fitting room, changing room, or restroom, even when such |
| 156 | room provides a reasonable expectation of privacy. |
| 157 | (3)(2) Any merchant who violates subsection (1) is guilty |
| 158 | of a misdemeanor of the first degree, punishable as provided in |
| 159 | s. 775.082 or s. 775.083. |
| 160 | Section 3. Paragraph (a) of subsection (2) of section |
| 161 | 932.701, Florida Statutes, is amended to read: |
| 162 | 932.701 Short title; definitions.-- |
| 163 | (2) As used in the Florida Contraband Forfeiture Act: |
| 164 | (a) "Contraband article" means: |
| 165 | 1. Any controlled substance as defined in chapter 893 or |
| 166 | any substance, device, paraphernalia, or currency or other means |
| 167 | of exchange that was used, was attempted to be used, or was |
| 168 | intended to be used in violation of any provision of chapter |
| 169 | 893, if the totality of the facts presented by the state is |
| 170 | clearly sufficient to meet the state's burden of establishing |
| 171 | probable cause to believe that a nexus exists between the |
| 172 | article seized and the narcotics activity, whether or not the |
| 173 | use of the contraband article can be traced to a specific |
| 174 | narcotics transaction. |
| 175 | 2. Any gambling paraphernalia, lottery tickets, money, |
| 176 | currency, or other means of exchange which was used, was |
| 177 | attempted, or intended to be used in violation of the gambling |
| 178 | laws of the state. |
| 179 | 3. Any equipment, liquid or solid, which was being used, |
| 180 | is being used, was attempted to be used, or intended to be used |
| 181 | in violation of the beverage or tobacco laws of the state. |
| 182 | 4. Any motor fuel upon which the motor fuel tax has not |
| 183 | been paid as required by law. |
| 184 | 5. Any personal property, including, but not limited to, |
| 185 | any vessel, aircraft, item, object, tool, substance, device, |
| 186 | weapon, machine, vehicle of any kind, money, securities, books, |
| 187 | records, research, negotiable instruments, or currency, which |
| 188 | was used or was attempted to be used as an instrumentality in |
| 189 | the commission of, or in aiding or abetting in the commission |
| 190 | of, any felony, whether or not comprising an element of the |
| 191 | felony, or which is acquired by proceeds obtained as a result of |
| 192 | a violation of the Florida Contraband Forfeiture Act. |
| 193 | 6. Any real property, including any right, title, |
| 194 | leasehold, or other interest in the whole of any lot or tract of |
| 195 | land, which was used, is being used, or was attempted to be used |
| 196 | as an instrumentality in the commission of, or in aiding or |
| 197 | abetting in the commission of, any felony, or which is acquired |
| 198 | by proceeds obtained as a result of a violation of the Florida |
| 199 | Contraband Forfeiture Act. |
| 200 | 7. Any personal property, including, but not limited to, |
| 201 | equipment, money, securities, books, records, research, |
| 202 | negotiable instruments, currency, or any vessel, aircraft, item, |
| 203 | object, tool, substance, device, weapon, machine, or vehicle of |
| 204 | any kind in the possession of or belonging to any person who |
| 205 | takes aquaculture products in violation of s. 812.014(2)(c). |
| 206 | 8. Any motor vehicle offered for sale in violation of s. |
| 207 | 320.28. |
| 208 | 9. Any motor vehicle used during the course of committing |
| 209 | an offense in violation of s. 322.34(9)(a). |
| 210 | 10. Any personal property, including, but not limited to, |
| 211 | any imaging device used during the course of committing an |
| 212 | offense in violation of s. 810.145, photograph, film, or other |
| 213 | recorded image, including an image recorded on a videotape, |
| 214 | compact disc, digital tape, or fixed disk, recorded in violation |
| 215 | of s. 810.145. |
| 216 | Section 4. Present subsections (2) through (8) of section |
| 217 | 932.7055, Florida Statutes, are renumbered as subsections (3) |
| 218 | through (9), respectively, and a new subsection (2) is added to |
| 219 | said section, to read: |
| 220 | 932.7055 Disposition of liens and forfeited property.-- |
| 221 | (2) Notwithstanding subsection (1), a seizing agency must |
| 222 | destroy any image and the medium on which the image is recorded, |
| 223 | including, but not limited to, a photograph, videotape, |
| 224 | diskette, compact disc, or fixed disk made in violation of s. |
| 225 | 810.145. The agency may not sell or retain any image. |
| 226 | Section 5. Section 932.707, Florida Statutes, is amended |
| 227 | to read: |
| 228 | 932.707 Penalty for noncompliance with reporting |
| 229 | requirements.--Any seizing agency that which fails to comply |
| 230 | with the reporting requirements as described in s. |
| 231 | 932.7055(9)(a) s. 932.7055(8)(a), is subject to a civil fine of |
| 232 | $5,000 payable to the General Revenue Fund. However, such agency |
| 233 | will not be subject to the fine if, within 60 days after of |
| 234 | receipt of written notification from the Department of Law |
| 235 | Enforcement of the noncompliance with the reporting requirements |
| 236 | of the Florida Contraband Forfeiture Act, the agency |
| 237 | substantially complies with those said requirements. The |
| 238 | Department of Law Enforcement shall submit any substantial |
| 239 | noncompliance to the Office of the Chief Financial Officer, |
| 240 | which shall be responsible for the enforcement of this section. |
| 241 | Section 6. For the purpose of incorporating the amendment |
| 242 | to section 932.701, Florida Statutes, in a reference thereto, |
| 243 | subsection (6) of section 705.101, Florida Statutes, is |
| 244 | reenacted to read: |
| 245 | 705.101 Definitions.--As used in this chapter: |
| 246 | (6) "Unclaimed evidence" means any tangible personal |
| 247 | property, including cash, not included within the definition of |
| 248 | "contraband article," as provided in s. 932.701(2), which was |
| 249 | seized by a law enforcement agency, was intended for use in a |
| 250 | criminal or quasi-criminal proceeding, and is retained by the |
| 251 | law enforcement agency or the clerk of the county or circuit |
| 252 | court for 60 days after the final disposition of the proceeding |
| 253 | and to which no claim of ownership has been made. |
| 254 | Section 7. For the purpose of incorporating the amendment |
| 255 | to section 932.701, Florida Statutes, in references thereto, |
| 256 | subsection (4) of section 932.703, Florida Statutes, is |
| 257 | reenacted to read: |
| 258 | 932.703 Forfeiture of contraband article; exceptions.-- |
| 259 | (4) In any incident in which possession of any contraband |
| 260 | article defined in s. 932.701(2)(a) constitutes a felony, the |
| 261 | vessel, motor vehicle, aircraft, other personal property, or |
| 262 | real property in or on which such contraband article is located |
| 263 | at the time of seizure shall be contraband subject to |
| 264 | forfeiture. It shall be presumed in the manner provided in s. |
| 265 | 90.302(2) that the vessel, motor vehicle, aircraft, other |
| 266 | personal property, or real property in which or on which such |
| 267 | contraband article is located at the time of seizure is being |
| 268 | used or was attempted or intended to be used in a manner to |
| 269 | facilitate the transportation, carriage, conveyance, |
| 270 | concealment, receipt, possession, purchase, sale, barter, |
| 271 | exchange, or giving away of a contraband article defined in s. |
| 272 | 932.701(2). |
| 273 | Section 8. This act shall take effect July 1, 2004. |