Florida Senate - 2009                                     SB 638
       
       
       
       By Senator Dean
       
       
       
       
       3-00674-09                                             2009638__
    1                        A bill to be entitled                      
    2         An act relating to use of law enforcement photographs
    3         or video recordings; creating s. 925.13, F.S.;
    4         prohibiting the commercial use or distribution of law
    5         enforcement photographs or video recordings of a
    6         deceased person or that show a person's extreme,
    7         severe, or acute injuries, which photographs or
    8         recordings are confidential and exempt from the
    9         public-records laws; providing that such photographs
   10         and video recordings remain confidential and exempt
   11         from the public-records laws when used or transmitted
   12         under certain circumstances; providing criminal
   13         penalties; providing that these provisions do not
   14         prohibit constitutionally protected acts; providing an
   15         effective 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 or video
   22  recordings.—
   23         (1)(a) Except as provided in paragraph (b), any person in
   24  possession of a law enforcement photograph or video recording of
   25  a deceased person, a part of a deceased person, or any part of a
   26  person's extreme, severe, or acute injuries that is confidential
   27  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   28  Constitution may not use such photograph or video recording for
   29  any commercial purpose or distribute it to any other person in
   30  any way, including, but not limited to, posting on the Internet
   31  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 or video recordings described in paragraph (a) via
   35  the Internet or by electronic mail, but only pursuant to a
   36  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, 2009.