By DAVID ROYSE THE NEWS SERVICE OF FLORIDA:
Advocates for animal welfare and those who might try to expose certain questionable farm practices failed Wednesday to persuade the House Agriculture Committee to slow a move to ban people from secretly taking pictures on farms.
Backers of a bill (HB 1021) that would outlaw the taking of pictures on farm property without permission say it’s a simply matter of private property rights, and that farm owners ought to be able to protect themselves from both potential misunderstandings about what pictures or videos might show and possible industrial espionage.
The measure, which was approved 13-2 by the panel and goes next to the House Criminal Justice Subcommittee, is aimed mainly at undercover operations by animal rights organizations. Investigators for the Humane Society of the United States and other activist groups have gotten jobs at farms and used hidden cameras to document animal treatment, and sometimes lack of sanitary conditions.
Sometimes, wrongdoing is documented by someone who works on the farm already and learns of it, and then tries to expose it after being unsuccessful at changing the practice, then becoming a whistleblower.
Other times it can only be exposed by someone who gets a job intending to investigate the practices, said Laura Bevan, eastern region director of the Humane Society of the United States.
And often, law enforcement won’t get involved until someone provides evidence of wrongdoing, said Bevan. She said she was involved in a 1999 case in which veal calves were being mistreated and drowned.
After someone in the industry told the Humane Society, it took video and gave it to law enforcement. And the publicity in the case led to changes in the law and animal treatment on such farms, she said.
“Something good came out of that, but that would not have happened, it would not have changed, if we had not gone on that property and taken that video,” Bevan told the committee.
The bill sponsor, Rep. Ben Albritton, R-Wauchula, pointed out that there are plenty of exemptions in the bill for investigators, though they’re all for government officials, such as Department of Agriculture inspectors.
The measure also has exemptions for insurance adjusters and law enforcement officers. And the bill wouldn’t ban people from taking pictures from non-farm property. If someone stood across the street and used a long lens, for example, that wouldn’t be illegal under the bill. Nor would aerial photography. The only violations would be when someone actually is on the property taking unauthorized photos.
“Private property rights, at the end of the day that is my perspective on offering this bill, and I believe it to be correct,” Albritton said.
Beven pointed out that photos or videos by undercover photographers could also be used to document things having nothing to do with animal welfare, from environmental wrongdoing to migrant workers’ rights, for example.
Rep. Luis Garcia, D-Miami Beach, was one of two no votes, citing cases in Hialeah involving illegal slaughter of horses that were exposed by secret video. Rep. Michelle Rehwinkel Vasilinda, D-Tallahassee, also voted against the measure.
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