Florida Senate - 2013 SB 1060 By Senator Dean 5-01062-13 20131060__ 1 A bill to be entitled 2 An act relating to websites containing information 3 concerning persons charged with crimes; creating s. 4 836.12, F.S.; requiring that the operators of websites 5 containing personal information of persons charged 6 with crimes remove a person’s name and personal 7 information within a specified period after notice 8 that the person is acquitted or the charges are 9 dropped or otherwise resolved without conviction; 10 providing a civil penalty; providing for a presumption 11 of defamation; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 836.12, Florida Statutes, is created to 16 read: 17 836.12 Websites containing information concerning persons 18 charged with crimes.—The operator of a website that contains the 19 name and personal information, including any photograph or 20 digital image, of a person charged with a crime shall, within 15 21 days after written notification from the person or the person’s 22 designee, remove the person’s name and personal information if 23 the person is acquitted or the charges are dropped or otherwise 24 resolved without a conviction. The removal must be without 25 charge to the person. Failure of the website operator to remove 26 the person’s name or personal information shall result in a 27 civil penalty of $100 per instance per week and, after 45 days, 28 creates a presumption of defamation of character of the person. 29 Section 2. This act shall take effect October 1, 2013.