A Felony to Photograph a Farm??

Joined
Sep 28, 2008
Messages
5,047
Location
San Diego, Ca. (Fallbrook)
For anyone in Florida, the state senate is about to vote on a bill that would make it a felony to simply photograph a farm. The full text of the bill can be found at http://www.flsenate.gov/Session/Bill/2011/1246. It is very short...less than a page in length.

If you feel this shouldn't pass you can contact your state rep and let them know how you feel. http://www.flsenate.gov/Senators/Find.
Josh, I'm no expert, but seriously doubt that it will pass. It's unconstitutional.
 
Joined
Mar 18, 2008
Messages
5,051
Location
Miami, Florida, USA.
About 2 years ago I was stopped by security guards at a public park and at Crandon Park Marina, near Key Biscayne, here in the city of Miami when I was photographing. Interesting enough both places thrive on my tax dollars.
I was told that as a "professional photographer" I had to pay a fee to the local government to photograph. Later on I learned that using a tripod made me a professional photographer.
I sent my complaints to the Public Parks Administrator and to the Administrator of Crandon Park Marina. Neither one had any idea of what a professional photographer was and obviously, no idea on photography in general. While Crandon Park Marina made it easy for me, the Public Parks Administrator told me "the city cared for our children" and they did not want anyone, not a family member, photographing them. In Dade County photographing children without parent's consent could be a serious felony. I resolved both issues.
I just learned about the proposed law and immediately I contacted my local representative in the senate. I also contacted senators Marco Rubio and Bill Nelson about the bill. I hope our voices will be heard.
If I photograph private property I usually ask permission but still I see no offense in photographing a farm, and they are not more important than a government building and we photograph them whenever we want, even in Washington DC.

William Rodriguez
Miami, Florida.
 
Joined
May 16, 2008
Messages
5,299
Location
Cental New Jersey USA
I had a similar experience in Henderson NV (no marinas there) in a park. I was chasing and photographing my grandchildren and someone called the park rangers. Same story about professional photographers. I told them I appreciated the compliment , explained, and they went away. Such is the world today.
 
Joined
Nov 18, 2008
Messages
1,211
Location
HHI
Evidently animal rights activist are applying for farm jobs, going in and photographing conditions within the farm complex. A simple Google search will provide you many examples.
 
Joined
Nov 5, 2007
Messages
2,551
Location
Chester, Virginia, USA
I was talking to a friend yesterday who is taking a photography class at one of the community colleges near me and they had a field trip to an area called Browns Island in Richmond last week, in the evening hours ( between 6 and 8pm). It's just an small island that sits on the James River in Richmond, Va. They have events on the island all the time.

Behind Browns Island is the Federal Reserve Building. While there, the class was approached by someone from the FR Building and was told they were not allowed to point their camera at that building and take any pictures whatsoever or they and their cameras would be taken away.

They were told 'they' were being watched while on the island.

Don


About 2 years ago I was stopped by security guards at a public park and at Crandon Park Marina, near Key Biscayne, here in the city of Miami when I was photographing. Interesting enough both places thrive on my tax dollars.
I was told that as a "professional photographer" I had to pay a fee to the local government to photograph. Later on I learned that using a tripod made me a professional photographer.
I sent my complaints to the Public Parks Administrator and to the Administrator of Crandon Park Marina. Neither one had any idea of what a professional photographer was and obviously, no idea on photography in general. While Crandon Park Marina made it easy for me, the Public Parks Administrator told me "the city cared for our children" and they did not want anyone, not a family member, photographing them. In Dade County photographing children without parent's consent could be a serious felony. I resolved both issues.
I just learned about the proposed law and immediately I contacted my local representative in the senate. I also contacted senators Marco Rubio and Bill Nelson about the bill. I hope our voices will be heard.
If I photograph private property I usually ask permission but still I see no offense in photographing a farm, and they are not more important than a government building and we photograph them whenever we want, even in Washington DC.

William Rodriguez
Miami, Florida.
 
Joined
Nov 4, 2005
Messages
1,679
Location
Down Yonder Florida
For anyone in Florida, the state senate is about to vote on a bill that would make it a felony to simply photograph a farm. The full text of the bill can be found at http://www.flsenate.gov/Session/Bill/2011/1246. It is very short...less than a page in length.
That's actually false. The current text of the bill will NOT make it a felony to "simply photograph a farm".

The original text of the bill was poorly written to be all-encompassing for anyone photographing a farm either from on private or public property - and a lot of threads (like this one) were started by people not reading the entire bill including amendments and changes.

If you read the rest of the website you're citing you'll see that the original text of the bill has been amended to correct that obvious (and silly) error. The current text of the bill only prohibits people from entering a farmer's property then creating photographic/video/audio recordings without the property owner's consent.

The current text of the title of the bill reads:
An act relating to farms; prohibiting a person from
entering onto a farm and making any audio record,
photograph, or video record at the farm without the
owner’s written consent; providing exceptions;
providing definitions; providing penalties; providing
an effective date.


The intent of the law is not to criminalize photographers that simply happen to have included part of a farm in their image. It never was. The intent was to criminalize photography/video documentation from those who illegally enter private property or gain access through misrepresentation.

Unfortunately the current language of the bill still have far-reaching consequences that are beyond the original intent of the bill. It could be used to include taking snapshots at produce stands on private land used for farming, horse farms that give riding lessons - and so on. That is what people still need to be concerned with...and based on that I really don't think it will (or should) pass.
 
Joined
Mar 28, 2008
Messages
3,910
Location
OH - IO
Real Name
Mike
The way that reads, in my opinion, you have to trespass ("entering onto a farm") on the property to be in violation. Or does this mean you can't even photograph from public property? What is the reason for this misguided legislation anyhow?
 
Joined
Nov 4, 2005
Messages
1,679
Location
Down Yonder Florida
I just learned about the proposed law and immediately I contacted my local representative in the senate. I also contacted senators Marco Rubio and Bill Nelson about the bill. I hope our voices will be heard.
While contacting Rubio and Nelson can't hurt, they also can't do anything. This is a bill in the state senate and has nothing to do with Washington DC. It would be more appropriate to contact your state senators and representatives.
 
Joined
Apr 25, 2009
Messages
1,289
Location
Kitchener, ON
Evidently animal rights activist are applying for farm jobs, going in and photographing conditions within the farm complex. A simple Google search will get you many quotes like the one below. GH

"It is actually radical leftwing eco freaks who harass people and family farms , while they fight for animal cruelty, they are the first to scream for free legal abortions aid with tax player dollars. We cant have radical wackos dictating how we farm or raise animals"
It's worse than that. The "employees" are staging the abuse and videotaping it. Often, it's not even normal practice for the farm in question that is being recorded.

At first I was thinking that normal trespassing laws should be enough, but since the people doing the recording have access rights as "employees", that doesn't apply.

I'm personally of two minds here as a photographer and being from a farming community. I know that there is a public policy war going on in the USA right now, and the activists aren't afraid to use any trick to swing public opinion to get their way. I strongly believe normal farming practices will stand up to public scrutiny, but I also know PR battles can be won or lost on less than the whole truth.

The wording of this law seems to include recording activities from public property. That concerns me. The wording does also seem to leave the possibility that it is still legal to record something that isn't normal practice.

Recently, I was invited to an egg producing farm and allowed full access to their facilities with my camera. The farmer has seen and likes the photos. I probably will never link to them on a public site as I don't want to have them used against the industry. I believe the practices on that farm to be just fine, but there are others out there who are trying to outlaw any production of meat or eggs or milk. They are trying to influence laws that will severely handicap the abilities of good people to raise animals for human consumption.

If you care about your food, you will care about stopping the extremists from making it almost impossible to produce that food.

Like I said earlier, there is a war going on for the minds of Americans right now. This proposed law is a reaction to that.
 
Joined
Nov 4, 2005
Messages
1,679
Location
Down Yonder Florida
The wording of this law seems to include recording activities from public property.

Again - no it doesn't. All the references that imply that are from the original language of the bill. It has been changed. The current language of the bill only concerns photographs and recording on the farm, not from public property.
 
Joined
Jul 21, 2007
Messages
5,262
Location
NJ
The best way to remove any cast of doubt that there's animal cruelty going on is indeed making it a felony to tape those none-existent abuses.
 
Joined
Apr 25, 2009
Messages
1,289
Location
Kitchener, ON
Again - no it doesn't. All the references that imply that are from the original language of the bill. It has been changed. The current language of the bill only concerns photographs and recording on the farm, not from public property.
Thank you for your clarification. I didn't see your earlier posts until after I had finished my post. I had quickly scanned a bit of the revisions and didn't catch the change regarding the public property aspect.
 
Joined
Apr 25, 2009
Messages
1,289
Location
Kitchener, ON
The best way to remove any cast of doubt that there's animal cruelty going on is indeed making it a felony to tape those none-existent abuses.
There's a lot of truth in your intent here. So how do you stop groups from ambushing a farm with staged videos?
 
Joined
Jul 21, 2007
Messages
5,262
Location
NJ
There's a lot of truth in your intent here. So how do you stop groups from ambushing a farm with staged videos?
If those videos are truly staged videos it will be very easy to debunk them. The same organisation that can lobby for laws can send in a tv-crew to show how life's really on a farm.
If a farm cannot stand the scrutiny of an impartial tv-crew than it might be time to question the way things are done. If it can, there's no issue with the staged videos. Publicity can work both ways.
 
B

Bill N

Guest
If those videos are truly staged videos it will be very easy to debunk them. The same organisation that can lobby for laws can send in a tv-crew to show how life's really on a farm.
If a farm cannot stand the scrutiny of an impartial tv-crew than it might be time to question the way things are done. If it can, there's no issue with the staged videos. Publicity can work both ways.
Sounds like "guilty until proven innocent"...
 
Links on this page may be to our affiliates. Sales through affiliate links may benefit this site.
Nikon Cafe is a fan site and not associated with Nikon Corporation.
Forum post reactions by Twemoji: https://github.com/twitter/twemoji
Copyright © 2005-2019 Amin Forums, LLC
Top Bottom