" Florida Senate Bill 1246, introduced in February, would make it a first-degree felony to take a picture of any farmland, even from the side of the road, without written permission of the land's owner."
This is the same penalty as if you shot someone with a gun :: I am so proud of my state and it's wise decisions; including the elimination of sports, art,& music in our school system.
If I was a photographer I wouldn't care about a can of worms-- I would be way more concerned about what is in my portfolio;; and then One's constitutional rights / is the beach next?? is your state next???
Just to give you all something to really chew on--- bad nuts---
Comments
The above link (you may have to cut and paste) has much more detail on the law and a link to the law as originally written. Jim Norman of tampa was the legislator who submitted the bill. I emailed him twice about it but got no reply. Yes, he is a Republican.
I read recently that the bill had been passed. It was modified, however, to allow photography from public property (roadside) of farm property. It makes photography of farm property while trespassing a misdemeanor, not a felony. That is a big difference.
The original intent was highly disturbing, however, and we're fortunate his fellow Republicans toned the bill down. As Republicans gradually realize they have no effective opposition or checks and balances to slow them down.. we may see more eyebrow raiser proposals between now and the next elections.
On another note, I get permission whenever I can to photograph anything that remotely looks like private property. I have not had any problem yet but based on some responses I've gotten, I was glad I asked and was told no instead of getting caught without permission. In Harlan county, KY, I was photographing a wreck next to the road and within the right of way when I looked up and saw a gentleman in overalls pointing his shotgun at me from his second floor porch. Instead of arguing the fine points of law and photography, I politely honored his request to leave.
http://www.consumertraveler.com/columns/anti-photography-law-gone-mad/
The above link (you may have to cut and paste) has much more detail on the law and a link to the law as originally written. Jim Norman of tampa was the legislator who submitted the bill. I emailed him twice about it but got no reply. Yes, he is a Republican.
I read recently that the bill had been passed. It was modified, however, to allow photography from public property (roadside) of farm property. It makes photography of farm property while trespassing a misdemeanor, not a felony. That is a big difference.
The original intent was highly disturbing, however, and we're fortunate his fellow Republicans toned the bill down. As Republicans gradually realize they have no effective opposition or checks and balances to slow them down.. we may see more eyebrow raiser proposals between now and the next elections.
On another note, I get permission whenever I can to photograph anything that remotely looks like private property. I have not had any problem yet but based on some responses I've gotten, I was glad I asked and was told no instead of getting caught without permission. In Harlan county, KY, I was photographing a wreck next to the road and within the right of way when I looked up and saw a gentleman in overalls pointing his shotgun at me from his second floor porch. Instead of arguing the fine points of law and photography, I politely honored his request to leave.
http://www.usatoday.com/tech/columnist/andrewkantor/2005-12-29-came...
Scroll down to "If you can see it you can shoot it"
Let's see. So they are in acting a law to prevent people from seeing cruelty to animals and documenting it?
Wish I was Jon Stewart, I could run with this.
How about another law prohibiting people from using their phones to report child abuse?
Is Kadhfi running Florida?
I went and read the bill because I have too many issues with the idea that one can be penalized from taking a photograph from the road. First amendment rights is a good start. This bill was co-introduced by Senators Bullard (Democrat and vice chair of the agriculture committee ) and Hays (Republican committee member). There were all yeahs and no nays. It appears that our Tallahassee friends on both sides of the isle don't have an issue with this one.
I've copied the exact text from the changes posted on 3/22/11. This bill clearly requires one to enter the farm. Nothing is said about taking photos from the road. I only posted the below text relating to entry to the farm; however, line 19 of this bill notes that it's a first degree misdemeanor and not a felony. An earlier text had this as a felony but it was amended on 3/21/11 to change it to a lessor charge. This is found at the senate's website at http://www.flsenate.gov/Session/Bill/2011/1246 .
Sounds like a great Supreme Court case for some wanna-be young lawyer.
This is easily First Ammendment.....if the pornographic use of young children who can not sign a release(18 U.S.C. §2256) is protected under the right of "free speech"....bare trees and nude grasslands must have the same protection.
I need a pair of aspirin.
There is a similar bill pending in Iowa. While unlikely that these bills will actually pass their respective state legislatures, it is compelling to think that you could spend time in jail for shooting a picture across a fence, from public property, of a horse grazing, or a cow chewing its cud. There's been quite a bit of discussion of this over on the yahoo group artshowphoto, but it lately devolved into partisan name-calling. If this is something that you feel strongly about, a well-placed letter to the affected state legislators will do a whole lot more good than ranting in an online forum such as this.
So please just calm down, have a nice steak and a stiff tequila. ;-)
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