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