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.