Florida Senate - 2014                              CS for SB 298
       
       
        
       By the Committee on Criminal Justice; and Senators Soto, Dean,
       and Sachs
       
       
       
       
       591-01605-14                                           2014298c1
    1                        A bill to be entitled                      
    2         An act relating to arrest booking photographs;
    3         creating s. 119.17, F.S.; defining terms; prohibiting
    4         a person who publishes or disseminates an arrest
    5         booking photograph through a publicly accessible print
    6         or electronic medium from soliciting or accepting
    7         payment of a fee or other consideration to remove,
    8         correct, or modify such photograph; authorizing an
    9         action to enjoin publication or dissemination of an
   10         arrest booking photograph if the publisher or
   11         disseminator unlawfully solicits or accepts a fee or
   12         other consideration to remove, correct, or modify such
   13         photograph; specifying the time period during which an
   14         arrest booking photograph must be removed pursuant to
   15         court order; providing a civil penalty; providing for
   16         reasonable attorney fees and costs; requiring the
   17         court to terminate an injunction under certain
   18         circumstances; providing applicability; providing an
   19         effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 119.17, Florida Statutes, is created to
   24  read:
   25         119.17 Arrest booking photographs.—
   26         (1) As used in this section, the term:
   27         (a) “Arrestee” means an individual who has been arrested
   28  for a violation of law in this state.
   29         (b) “Arrest booking photograph” means a photograph of an
   30  arrestee taken for the purpose of recording the arrestee’s image
   31  as part of the arrest and booking process.
   32         (c) “Fee or other consideration” does not include a fee or
   33  consideration, including attorney fees and costs, solicited or
   34  accepted in connection with the actual or attempted settlement
   35  or compromise of a lawsuit, threatened lawsuit, arbitration
   36  claim, threatened arbitration claim, or other judicial or quasi
   37  judicial proceeding.
   38         (2) A person engaged in publishing or otherwise
   39  disseminating arrest booking photographs through a publicly
   40  accessible print or electronic medium may not solicit or accept
   41  a fee or other consideration to remove, correct, or modify an
   42  arrest booking photograph of an arrestee.
   43         (3) If a person engaged in publishing or otherwise
   44  disseminating arrest booking photographs through a publicly
   45  accessible print or electronic medium solicits or accepts a fee
   46  or other consideration to remove, correct, or modify an arrest
   47  booking photograph in violation of subsection (2), the arrestee
   48  who is the subject of the arrest booking photograph may bring an
   49  action to enjoin the publication or other dissemination of the
   50  arrest booking photograph.
   51         (a) If the court enjoins the publication or other
   52  dissemination of the arrest booking photograph, the court shall
   53  specify in its order that the arrest booking photograph must be
   54  removed from publication or other dissemination not later than
   55  14 days after the date the order is entered. The court shall
   56  impose a civil penalty of $1,000 per day for each day of
   57  noncompliance with the order.
   58         (b) If the court enjoins publication or other dissemination
   59  of an arrestee’s arrest booking photograph, the arrestee is
   60  entitled to reasonable attorney fees and costs relating to
   61  issuance of the injunction and to any appeal of the order
   62  issuing the injunction in which the arrestee is the prevailing
   63  party.
   64         (c) If, subsequent to the 14-day period for removal
   65  pursuant to paragraph (a), the person subject to the injunction
   66  demonstrates to the court that he or she is in compliance with
   67  this section, the court shall terminate the injunction.
   68         (4) This section does not apply to any state, regional,
   69  county, local, or municipal governmental entity of this state,
   70  whether executive, judicial, or legislative, or any department,
   71  division, bureau, commission, authority, or political
   72  subdivision of this state.
   73         Section 2. This act shall take effect October 1, 2014.