Doing porridge for a farm photo

When I was on holiday in Florida a couple of years ago, I managed to convince my friends to pull our hire car over so I could stop off to take some photos of an orange grove.

Not being farmer-types, they had a bit of a whinge about the delay. They couldn’t have cared less about orange harvesting and just wanted to hot-foot it to our hotel so they could kick back on a lilo with a mojito and a slab of key-lime pie.

Turns out if I did the same thing this year, they might well have had a valid reason for moaning – I could’ve got us locked up.

This bill has just been introduced by the Florida senate. You can read all detail if you click the link, but in essence it says:

  • A person who enters a farm or other property where legitimate agriculture operations are being conducted without the written consent of the owner (or a representative), commits a felony of the first degree
  • A person who photographs, video records, or otherwise produces images or pictorial records, digital or otherwise, at or of a farm or other property where legitimate agriculture operations are being conducted without the written consent of the owner (or a representative) commits a felony of the first degree

So that’s a first degree felony for photographing a farm, regardless of whether you’re actually trespassing or standing on a road peering over a fence.

A first degree felony which, as helpfully defined by law blog  The Volokh Conspiracy, is the highest degree felony other than capital crimes and ‘life felonies’, which carry a mandatory minimum of 25 years in prison.

The terms of imprisonment would be dictated by the Florida Sentencing Guidelines, but the maximum would be 30 years.

Farmers in the UK often complain about rights of access and people wandering across their land, but this seems a tad extreme to me.

Anyway, being too scared  to share the offending orange grove photo with you in fear of being banged up, I’ve had to illustrate this post with a different picture of my Florida trip. Just be thankful it wasn’t me in a bikini.

me and pluto

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