| 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 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 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. |