CS for SB 1246 First Engrossed (ntc) 20111246e1 1 A bill to be entitled 2 An act relating to farms; prohibiting a person from 3 entering onto a farm and making any audio record, 4 photograph, or video record at the farm without the 5 owner’s written consent; providing exceptions; 6 providing definitions; providing penalties; providing 7 an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. (1) Any person, except an employee or agent of 12 the Department of Agriculture and Consumer Services acting 13 pursuant to s. 570.15, Florida Statutes; a law enforcement 14 officer conducting a lawful inspection or investigation; the 15 Department of Business and Professional Regulation, pursuant to 16 chapter 450, Florida Statutes; engineers and their agents and 17 employees acting pursuant to s. 471.027, Florida Statutes; 18 surveyors and mappers, acting pursuant to s. 472.029, Florida 19 Statutes; or persons acting on behalf of insurers for 20 inspection, underwriting, or claims purposes, who enter onto a 21 farm or other property where legal agriculture operations are 22 being conducted and produces audio or video records without the 23 written consent of the owner or an authorized representative of 24 the owner, commits a misdemeanor of the first degree, punishable 25 as provided in s. 775.082 or s. 775.083, Florida Statutes. 26 (2) As used in this section, the term: 27 (a) “Audio or video records” means any audio or video 28 recording, regardless of the recording medium or format, 29 including, but not limited to, photographs, audio or videotapes, 30 cd’s, dvd’s, or streaming media, whether stored on film stock, 31 hard disks, solid state storage, or any electrical, magnetic, or 32 optical or other form of data storage. 33 (b) “Farm” means any tract of land cultivated for the 34 purpose of raising crops or farming livestock, as defined in s. 35 585.01, or poultry, as defined in s. 583.01. 36 Section 2. This act shall take effect July 1, 2011.