ENROLLED 2017 Legislature CS for CS for CS for SB 118, 1st Engrossed 2017118er 1 2 An act relating to criminal history records; 3 prohibiting a person or entity engaged in publishing 4 or disseminating arrest booking photographs from 5 soliciting or accepting a fee or other payment to 6 remove a photograph; authorizing a person whose arrest 7 booking photograph is published to request in writing 8 that it be removed; requiring that the written request 9 be sent by registered mail and include specified 10 information; requiring a person or entity to remove an 11 arrest booking photograph within a specified timeframe 12 after receipt of a written request; authorizing a 13 person to bring a civil action to enjoin such 14 publishing of a photograph; authorizing a court to 15 impose a civil penalty and award attorney fees and 16 court costs; providing that refusal to remove an 17 arrest booking photograph after written request 18 constitutes an unfair or deceptive practice; providing 19 applicability; creating s. 943.0586, F.S.; requiring 20 the Criminal Justice Information Program to 21 administratively seal the criminal history records of 22 an adult or a minor upon notification by the clerk of 23 the court under specified circumstances; providing 24 effective dates, including a contingent effective 25 date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. (1) Any person or entity engaged in the business 30 of publishing through a publicly accessible print or electronic 31 medium or otherwise disseminating arrest booking photographs of 32 persons who have previously been arrested may not solicit or 33 accept a fee or other form of payment to remove the photographs. 34 (2) A person whose arrest booking photograph is published 35 or otherwise disseminated, or his or her legal representative, 36 may make a request, in writing, for the removal of an arrest 37 booking photograph to the registered agent of the person or 38 entity who published or otherwise disseminated the photograph. 39 The written request for removal of the arrest booking photograph 40 must be sent by registered mail and include sufficient proof of 41 identification of the person whose arrest booking photograph was 42 published or otherwise disseminated and specific information 43 identifying the arrest booking photograph that the written 44 request is seeking to remove. Within 10 days of receipt of the 45 written request for removal of the arrest booking photograph, 46 the person or entity who published or otherwise disseminated the 47 photograph shall remove the arrest booking photograph without 48 charge. 49 (3) The person whose arrest booking photograph was 50 published or otherwise disseminated in the publication or 51 electronic medium may bring a civil action to enjoin the 52 continued publication or dissemination of the photograph if the 53 photograph is not removed within 10 calendar days after receipt 54 of the written request for removal. The court may impose a civil 55 penalty of $1,000 per day for noncompliance with an injunction 56 and shall award reasonable attorney fees and court costs related 57 to the issuance and enforcement of the injunction. Moneys 58 recovered for civil penalties under this section shall be 59 deposited into the General Revenue Fund. 60 (4) Refusal to remove an arrest booking photograph after 61 written request has been made constitutes an unfair or deceptive 62 trade practice in accordance with part II of chapter 501, 63 Florida Statutes. 64 (5) This section does not apply to any person or entity 65 that publishes or disseminates information relating to arrest 66 booking photographs unless the person or entity solicits or 67 accepts payment to remove the photographs. 68 Section 2. Effective upon the same date that SB 450 or 69 similar legislation takes effect, only if such legislation is 70 adopted in the same legislative session or an extension thereof 71 and becomes a law, section 943.0586, Florida Statutes, is 72 created to read: 73 943.0586 Administrative sealing of criminal history 74 records.— 75 (1) The Criminal Justice Information Program shall 76 administratively seal the criminal history records pertaining to 77 an arrest or incident of alleged criminal activity of an adult 78 or a minor charged with a felony, misdemeanor, or violation of a 79 comparable rule or ordinance by a state, county, municipal, or 80 other law enforcement agency upon notification by the clerk of 81 the court, pursuant to s. 943.052(2), that all the charges 82 related to the arrest or incident of alleged criminal activity 83 were declined to be filed by the state attorney or statewide 84 prosecutor, were dismissed or nolle prosequi before trial, or 85 resulted in a judgment of acquittal or a verdict of not guilty 86 at trial and that all appeals by the prosecution have been 87 exhausted or the time to file an appeal has expired. 88 Section 3. Except as otherwise expressly provided in this 89 act and except for this section, which shall take effect upon 90 this act becoming a law, this act shall take effect July 1, 91 2018.