CS for SB 1246                             First 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, 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.