September 23, 2020
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_h0647__
HB 647

1
A bill to be entitled
2An act relating to use of law enforcement photographs,
3images, or video recordings; creating s. 925.13, F.S.;
4prohibiting the commercial use or distribution of law
5enforcement photographs, images, or video recordings of a
6deceased person or that show a person's extreme, severe,
7or acute injuries, which photographs, images, or video
8recordings are confidential and exempt from public records
9laws; providing that such photographs, images, and video
10recordings remain confidential and exempt from public
11records laws when used or transmitted under certain
12circumstances; providing criminal penalties; providing
13that these provisions shall not be construed to prohibit
14constitutionally protected acts; providing an effective
15date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Section 925.13, Florida Statutes, is created to
20read:
21     925.13  Use of certain law enforcement photographs, images,
22or video recordings.-
23     (1)(a)  Except as provided in paragraph (b), any person in
24possession of a law enforcement photograph, image, or video
25recording of a deceased person, a part of a deceased person, or
26any part of a person's extreme, severe, or acute injuries that
27is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
28I of the State Constitution may not use such photograph, image,
29or video recording for any commercial purpose or distribute it
30to any other person in any way, including, but not limited to,
31posting on the Internet or sending by electronic mail.
32     (b)  A law enforcement agency, in furtherance of its
33official duties or law enforcement training, may use or transmit
34photographs, images, or video recordings described in paragraph
35(a) via the Internet or by electronic mail, but only pursuant to
36a written request and, unless otherwise required in the
37performance of those duties, the identity of the deceased or
38injured person shall remain confidential and exempt from public
39records requests.
40     (2)  Any person who willfully and knowingly violates this
41section commits a felony of the third degree, punishable as
42provided in s. 775.082, s. 775.083, or s. 775.084.
43     (3)  Nothing in this section shall be construed to abridge
44the rights of any person that are protected by the First
45Amendment to the Constitution of the United States or s. 4, Art.
46I of the State Constitution.
47     Section 2.  This act shall take effect October 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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