| 1 | A bill to be entitled |
| 2 | An act relating to use of law enforcement photographs or |
| 3 | video recordings; creating s. 925.13, F.S.; prohibiting |
| 4 | the commercial use or distribution of law enforcement |
| 5 | photographs or video recordings of a deceased person or |
| 6 | that show a person's extreme, severe, or acute injuries, |
| 7 | which photographs or recordings are confidential and |
| 8 | exempt from public records laws; providing that such |
| 9 | photographs and video recordings remain confidential and |
| 10 | exempt from public records laws when used or transmitted |
| 11 | under certain circumstances; providing criminal penalties; |
| 12 | providing that these provisions shall not be construed to |
| 13 | prohibit constitutionally protected acts; providing an |
| 14 | effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Section 925.13, Florida Statutes, is created to |
| 19 | read: |
| 20 | 925.13 Use of certain law enforcement photographs or video |
| 21 | recordings.-- |
| 22 | (1)(a) Except as provided in paragraph (b), any person in |
| 23 | possession of a law enforcement photograph or video recording of |
| 24 | a deceased person, a part of a deceased person, or any part of a |
| 25 | person's extreme, severe, or acute injuries that is confidential |
| 26 | and exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
| 27 | Constitution may not use such photograph or video recording for |
| 28 | any commercial purpose or distribute it to any other person in |
| 29 | any way, including, but not limited to, posting on the Internet |
| 30 | or sending by electronic mail. |
| 31 | (b) A law enforcement agency, in furtherance of its |
| 32 | official duties or law enforcement training, may use or transmit |
| 33 | photographs or video recordings described in paragraph (a) via |
| 34 | the Internet or by electronic mail, but only pursuant to a |
| 35 | written request and, unless otherwise required in the |
| 36 | performance of those duties, the identity of the deceased or |
| 37 | injured person shall remain confidential and exempt from public |
| 38 | records requests. |
| 39 | (2) Any person who willfully and knowingly violates this |
| 40 | section commits a felony of the third degree, punishable as |
| 41 | provided in s. 775.082, s. 775.083, or s. 775.084. |
| 42 | (3) Nothing in this section shall be construed to abridge |
| 43 | the rights of any person that are protected by the First |
| 44 | Amendment to the Constitution of the United States or s. 4, Art. |
| 45 | I of the State Constitution. |
| 46 | Section 2. This act shall take effect October 1, 2009. |