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       Florida Senate - 2010                                    SB 1506
       By Senator Oelrich
       14-01548-10                                           20101506__
    1                        A bill to be entitled                      
    2         An act relating to the use of law enforcement
    3         photographs, images, or video recordings; creating s.
    4         925.13, F.S.; prohibiting the commercial use or
    5         distribution of law enforcement photographs, images,
    6         or video recordings of a deceased person or that show
    7         a person’s extreme, severe, or acute injuries, which
    8         photographs, images, or video recordings are
    9         confidential and exempt from public-records laws;
   10         providing that such photographs, images, and video
   11         recordings remain confidential and exempt from public
   12         records laws when used or transmitted under certain
   13         circumstances; providing criminal penalties; providing
   14         that these provisions shall not be construed to
   15         prohibit constitutionally protected acts; providing an
   16         effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Section 925.13, Florida Statutes, is created to
   21  read:
   22         925.13 Use of certain law enforcement photographs, images,
   23  or video recordings.—
   24         (1)(a) Except as provided in paragraph (b), any person in
   25  possession of a law enforcement photograph, image, or video
   26  recording of a deceased person, a part of a deceased person, or
   27  any part of a person’s extreme, severe, or acute injuries that
   28  is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
   29  I of the State Constitution may not use such photograph, image,
   30  or video recording for any commercial purpose or distribute it
   31  to any other person in any way, including, but not limited to,
   32  posting on the Internet or sending by electronic mail.
   33         (b) A law enforcement agency, in furtherance of its
   34  official duties or law enforcement training, may use or transmit
   35  photographs, images, or video recordings described in paragraph
   36  (a) via the Internet or by electronic mail, but only pursuant to
   37  a written request and, unless otherwise required in the
   38  performance of those duties, the identity of the deceased or
   39  injured person shall remain confidential and exempt from public
   40  records requests.
   41         (2) Any person who willfully and knowingly violates this
   42  section commits a felony of the third degree, punishable as
   43  provided in s. 775.082, s. 775.083, or s. 775.084.
   44         (3) Nothing in this section shall be construed to abridge
   45  the rights of any person that are protected by the First
   46  Amendment to the Constitution of the United States or s. 4, Art.
   47  I of the State Constitution.
   48         Section 2. This act shall take effect October 1, 2010.

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