HB 0523CS

CHAMBER ACTION



1The Committee on Appropriations recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to video voyeurism; creating s. 810.145,
7F.S.; providing definitions; prohibiting a person from
8intentionally using or installing, or permitting the use
9or installation of, an imaging device to secretly view,
10record, or broadcast images of another person for the
11purpose of entertainment, sexual arousal, profit, or abuse
12when that other person is in a location that provides a
13reasonable expectation of privacy; prohibiting a person
14from using an imaging device to secretly view, record, or
15broadcast images of another person under or through that
16other person's clothing for the purpose of viewing that
17other person's body or undergarments without the knowledge
18and consent of the person being viewed; prohibiting a
19person from disseminating images when the person
20disseminating the images knows or has reason to believe
21that the images were recorded in a specified manner;
22prohibiting a person from selling images to another for
23consideration when the person selling the images knows or
24has reason to believe that the images were recorded in a
25specified manner; prohibiting a person from disseminating
26images that were recorded in a specified manner to another
27person for that person to sell the images to others;
28providing for certain exceptions; providing criminal
29penalties; defining a previous conviction or adjudication
30of delinquency; amending s. 877.26, F.S.; providing an
31exception to the prohibition against the direct
32observation, videotaping, or visual surveillance of
33customers; amending s. 932.701, F.S.; defining the term
34"contraband article" to include any imaging equipment,
35format, or device used in violation of law; amending s.
36932.7055, F.S.; requiring agencies seizing images of
37persons recorded in violation of law to destroy the images
38or the mediums on which the images are recorded in certain
39circumstances; providing that the seizing agency may not
40retain or sell the images; amending s. 932.707, F.S.;
41conforming a cross reference; reenacting ss. 705.101(6)
42and 932.703(4), F.S., relating to definitions of the terms
43"unclaimed evidence" and "contraband article" and the
44seizure of a vessel, motor vehicle, aircraft, other
45personal property, or real property in or on which a
46contraband article is located, to incorporate the
47amendment to s. 932.701, F.S., in references thereto;
48providing an effective date.
49
50Be It Enacted by the Legislature of the State of Florida:
51
52     Section 1.  Section 810.145, Florida Statutes, is created
53to read:
54     810.145  Video voyeurism.--
55     (1)  As used in this section, the term:
56     (a)  "Broadcast" means electronically transmitting a visual
57image with the intent that it be viewed by another person.
58     (b)  "Imaging device" means any mechanical, digital, or
59electronic viewing device, still camera, camcorder, motion
60picture camera, or any other instrument, equipment, or format
61capable of recording, storing, or transmitting visual images of
62another person.
63     (c)  "Place and time when a person has a reasonable
64expectation of privacy" means a place and time when a reasonable
65person would believe that he or she could fully disrobe in
66privacy, without being concerned that his or her undressing was
67being viewed, recorded, or broadcasted by another, including,
68but not limited to, the interior of a bathroom, changing room,
69fitting room, dressing room, or tanning booth.
70     (d)  "Privately exposing the body" means exposing a sexual
71organ.
72     (2)  A person commits the offense of video voyeurism if
73that person:
74     (a)  For his or her own amusement, entertainment, sexual
75arousal, gratification, or profit, or for the purpose of
76degrading or abusing another person, intentionally uses or
77installs an imaging device to secretly view, broadcast, or
78record a person, without that person's knowledge and consent,
79who is dressing, undressing, or privately exposing the body, at
80a place and time when that person has a reasonable expectation
81of privacy;
82     (b)  For the amusement, entertainment, sexual arousal,
83gratification, or profit of another, or on behalf of another,
84intentionally permits the use or installation of an imaging
85device to secretly view, broadcast, or record a person, without
86that person's knowledge and consent, who is dressing,
87undressing, or privately exposing the body, at a place and time
88when that person has a reasonable expectation of privacy; or
89     (c)  For the amusement, entertainment, sexual arousal,
90gratification, or profit of oneself or another, or on behalf of
91oneself or another, intentionally uses an imaging device to
92secretly view, broadcast, or record under or through the
93clothing being worn by another person, without that person's
94knowledge and consent, for the purpose of viewing the body of,
95or the undergarments worn by, that person.
96     (3)  A person commits the offense of video voyeurism
97dissemination if that person, knowing or having reason to
98believe that an image was created in a manner described in this
99section, intentionally disseminates, distributes, or transfers
100the image to another person.
101     (4)  A person commits the offense of commercial video
102voyeurism dissemination if that person:
103     (a)  Knowing or having reason to believe that an image was
104created in a manner described in this section, sells the image
105for consideration to another person; or
106     (b)  Having created the image in a manner described in this
107section, disseminates, distributes, or transfers the image to
108another person for that person to sell the image to others.
109     (5)  Except for the dissemination, distribution, or
110transfer of images unrelated to the purpose of security, law
111enforcement, or surveillance, this section does not apply to:
112     (a)  Any law enforcement agency conducting surveillance for
113a law enforcement purpose;
114     (b)  Any security system when a written notice is
115conspicuously posted on the premises stating that a video
116surveillance system has been installed for the purpose of
117security for the premises;
118     (c)  Any video surveillance device that is installed and
119operated in such a manner that the presence of the device is
120clearly and immediately obvious; or
121     (d)  The dissemination, distribution, or transfer of images
122subject to this section by a provider of an electronic
123communication service as defined in 18 U.S.C. s. 2510(15), or a
124provider of a remote computing service as defined in 18 U.S.C.
125s. 2711(2). For purposes of this section, the exceptions to the
126definitions of the term "electronic communication" set forth in
12718 U.S.C. s. 2510(12)(a), (b), (c), and (d) shall not apply, but
128rather shall be included within the definition of the term.
129     (6)  Except as provided in subsection (7), a person who
130violates this section commits a misdemeanor of the first degree,
131punishable as provided in s. 775.082 or s. 775.083.
132     (7)  A person who violates this section and who has
133previously been convicted of or adjudicated delinquent for any
134violation of this section commits a felony of the third degree,
135punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
136     (8)  For purposes of this section, a person has previously
137been convicted of or adjudicated delinquent for a violation of
138this section if the violation resulted in a conviction that was
139sentenced separately, or an adjudication of delinquency entered
140separately, prior to the current offense.
141     Section 2.  Section 877.26, Florida Statutes, is amended to
142read:
143     877.26  Direct observation, videotaping, or visual
144surveillance of customers in merchant's dressing room, etc.,
145prohibited; penalties.--
146     (1)  It is unlawful for any merchant to directly observe or
147make use of video cameras or other visual surveillance devices
148to observe or record customers in the merchant's dressing room,
149fitting room, changing room, or restroom when such room provides
150a reasonable expectation of privacy. However, a merchant may
151directly observe a customer from outside such room if the
152observation is within the scope of the merchant's duties and the
153observation does not otherwise violate s. 810.14 or s. 810.145
154or if the customer invites or consents to the presence of the
155merchant in the room.
156     (2)  As used in this subsection, the term "merchant" means
157an owner or operator, or the agent, consignee, employee, lessee,
158or officer of an owner or operator, of any premises or apparatus
159used for retail purchase or sale of any merchandise.
160     (3)(2)  Any merchant who violates subsection (1) commits is
161guilty of a misdemeanor of the first degree, punishable as
162provided in s. 775.082 or s. 775.083.
163     Section 3.  Paragraph (a) of subsection (2) of section
164932.701, Florida Statutes, is amended to read:
165     932.701  Short title; definitions.--
166     (2)  As used in the Florida Contraband Forfeiture Act:
167     (a)  "Contraband article" means:
168     1.  Any controlled substance as defined in chapter 893 or
169any substance, device, paraphernalia, or currency or other means
170of exchange that was used, was attempted to be used, or was
171intended to be used in violation of any provision of chapter
172893, if the totality of the facts presented by the state is
173clearly sufficient to meet the state's burden of establishing
174probable cause to believe that a nexus exists between the
175article seized and the narcotics activity, whether or not the
176use of the contraband article can be traced to a specific
177narcotics transaction.
178     2.  Any gambling paraphernalia, lottery tickets, money,
179currency, or other means of exchange which was used, was
180attempted, or intended to be used in violation of the gambling
181laws of the state.
182     3.  Any equipment, liquid or solid, which was being used,
183is being used, was attempted to be used, or intended to be used
184in violation of the beverage or tobacco laws of the state.
185     4.  Any motor fuel upon which the motor fuel tax has not
186been paid as required by law.
187     5.  Any personal property, including, but not limited to,
188any vessel, aircraft, item, object, tool, substance, device,
189weapon, machine, vehicle of any kind, money, securities, books,
190records, research, negotiable instruments, or currency, which
191was used or was attempted to be used as an instrumentality in
192the commission of, or in aiding or abetting in the commission
193of, any felony, whether or not comprising an element of the
194felony, or which is acquired by proceeds obtained as a result of
195a violation of the Florida Contraband Forfeiture Act.
196     6.  Any real property, including any right, title,
197leasehold, or other interest in the whole of any lot or tract of
198land, which was used, is being used, or was attempted to be used
199as an instrumentality in the commission of, or in aiding or
200abetting in the commission of, any felony, or which is acquired
201by proceeds obtained as a result of a violation of the Florida
202Contraband Forfeiture Act.
203     7.  Any personal property, including, but not limited to,
204equipment, money, securities, books, records, research,
205negotiable instruments, currency, or any vessel, aircraft, item,
206object, tool, substance, device, weapon, machine, or vehicle of
207any kind in the possession of or belonging to any person who
208takes aquaculture products in violation of s. 812.014(2)(c).
209     8.  Any motor vehicle offered for sale in violation of s.
210320.28.
211     9.  Any motor vehicle used during the course of committing
212an offense in violation of s. 322.34(9)(a).
213     10.  Any personal property, including, but not limited to,
214any imaging device used during the course of committing an
215offense in violation of s. 810.145, photograph, film, or other
216recorded image, including an image recorded on a videotape,
217compact disc, digital tape, or fixed disk, recorded in violation
218of s. 810.145.
219     Section 4.  Present subsections (2) through (8) of section
220932.7055, Florida Statutes, are renumbered as subsections (3)
221through (9), respectively, and a new subsection (2) is added to
222said section, to read:
223     932.7055  Disposition of liens and forfeited property.--
224     (2)  Notwithstanding subsection (1), a seizing agency must
225destroy any image and the medium on which the image is recorded,
226including, but not limited to, a photograph, videotape,
227diskette, compact disc, or fixed disk made in violation of s.
228810.145, when the image and the medium on which it is recorded
229is no longer needed for an official purpose. The agency may not
230sell or retain any image.
231     Section 5.  Section 932.707, Florida Statutes, is amended
232to read:
233     932.707  Penalty for noncompliance with reporting
234requirements.--Any seizing agency that which fails to comply
235with the reporting requirements as described in s.
236932.7055(9)(a) s. 932.7055(8)(a), is subject to a civil fine of
237$5,000 payable to the General Revenue Fund. However, such agency
238will not be subject to the fine if, within 60 days after of
239receipt of written notification from the Department of Law
240Enforcement of the noncompliance with the reporting requirements
241of the Florida Contraband Forfeiture Act, the agency
242substantially complies with those said requirements. The
243Department of Law Enforcement shall submit any substantial
244noncompliance to the Office of the Chief Financial Officer,
245which shall be responsible for the enforcement of this section.
246     Section 6.  For the purpose of incorporating the amendment
247to section 932.701, Florida Statutes, in a reference thereto,
248subsection (6) of section 705.101, Florida Statutes, is
249reenacted to read:
250     705.101  Definitions.--As used in this chapter:
251     (6)  "Unclaimed evidence" means any tangible personal
252property, including cash, not included within the definition of
253"contraband article," as provided in s. 932.701(2), which was
254seized by a law enforcement agency, was intended for use in a
255criminal or quasi-criminal proceeding, and is retained by the
256law enforcement agency or the clerk of the county or circuit
257court for 60 days after the final disposition of the proceeding
258and to which no claim of ownership has been made.
259     Section 7.  For the purpose of incorporating the amendment
260to section 932.701, Florida Statutes, in references thereto,
261subsection (4) of section 932.703, Florida Statutes, is
262reenacted to read:
263     932.703  Forfeiture of contraband article; exceptions.--
264     (4)  In any incident in which possession of any contraband
265article defined in s. 932.701(2)(a) constitutes a felony, the
266vessel, motor vehicle, aircraft, other personal property, or
267real property in or on which such contraband article is located
268at the time of seizure shall be contraband subject to
269forfeiture.  It shall be presumed in the manner provided in s.
27090.302(2) that the vessel, motor vehicle, aircraft, other
271personal property, or real property in which or on which such
272contraband article is located at the time of seizure is being
273used or was attempted or intended to be used in a manner to
274facilitate the transportation, carriage, conveyance,
275concealment, receipt, possession, purchase, sale, barter,
276exchange, or giving away of a contraband article defined in s.
277932.701(2).
278     Section 8.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.