Florida Regulations 33-601.712: Use of Cameras and Tape Recorders by Attorneys
Current as of: 2024 | Check for updates
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(1) An attorney may bring and use a camera to photograph his inmate client if he certifies in writing that the physical condition of the inmate client is relevant to a pending or prospective lawsuit, judicial or quasi-judicial proceeding, or administrative proceeding involving another agency, that he needs to photograph the inmate client to preserve evidence of such condition, and that he will comply with reasonable security procedures. No inmate shall be photographed without his consent. Photographs that might jeopardize security by showing the physical layout of the institution or in any other specific way shall not be permitted.
(2) When an attorney visits an inmate he may bring and use a tape recorder or video camera to record the conversation provided he agrees to comply with reasonable security procedures, to tape only his conversations with the inmate, and provided the inmate consents.
(3) The warden or his designee shall impose such requirements regarding inspections of cameras and tape recorders and the time, place and manner of their use as may be necessary to preserve institutional security.
Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History-New 1-12-83, Formerly 33-5.091, Amended 3-8-98, 3-23-99, Formerly 33-5.0091, Amended 2-25-02.
Terms Used In Florida Regulations 33-601.712
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
(3) The warden or his designee shall impose such requirements regarding inspections of cameras and tape recorders and the time, place and manner of their use as may be necessary to preserve institutional security.
Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History-New 1-12-83, Formerly 33-5.091, Amended 3-8-98, 3-23-99, Formerly 33-5.0091, Amended 2-25-02.