CS for SB 1246                            Second Engrossed (ntc)
    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.
    9  Be It Enacted by the Legislature of the State of Florida:
   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, and their subordinates, agents, and
   19  employees, as necessary for any activities under chapter 472,
   20  Florida Statutes; or persons acting on behalf of insurers for
   21  inspection, underwriting, or claims purposes, who enter onto a
   22  farm as defined in s. 823.14(3)(a) or other property, where
   23  legal farm operations are being conducted and farm products are
   24  produced, and produces audio or video records without the
   25  written consent of the owner or an authorized representative of
   26  the owner, commits a misdemeanor of the first degree, punishable
   27  as provided in s. 775.082 or s. 775.083, Florida Statutes.
   28         (2) As used in this section, the term “audio or video
   29  records” means any audio or video recording, regardless of the
   30  recording medium or format, including, but not limited to,
   31  photographs, audio or videotapes, cd’s, dvd’s, or streaming
   32  media, whether stored on film stock, hard disks, solid state
   33  storage, or any electrical, magnetic, or optical or other form
   34  of data storage.
   35         Section 2. This act shall take effect July 1, 2011.