Senate Bill sb1928c1
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Florida Senate - 2004 CS for SB 1928
By the Committee on Commerce, Economic Opportunities, and
Consumer Services; and Senator Atwater
310-2091-04
1 A bill to be entitled
2 An act relating to the unlawful use of a
3 recording device in a motion picture theater;
4 providing definitions; providing that a person
5 who knowingly operates the audiovisual
6 recording function of any device in a motion
7 picture theater without the express written
8 consent of the theater owner commits a felony
9 of the third degree; providing for the
10 imposition of criminal fines; authorizing the
11 theater owner to detain a person in violation
12 of the act; providing immunity to the theater
13 owner for detaining a person in violation of
14 the act while awaiting the arrival of a law
15 enforcement officer; providing an exception to
16 the immunity; providing that an employee or
17 agent of certain law enforcement, protective
18 services, or investigative agencies may operate
19 an audiovisual recording device as part of a
20 lawfully authorized activity; providing an
21 effective date.
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23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. Unlawful use of a recording device in a
26 motion picture theater.--
27 (1) DEFINITIONS.--As used in this section, the term:
28 (a) "Audiovisual recording function" means the
29 capability of a camera, an audio or video recorder, or any
30 other device to record, transfer sounds or images, or transmit
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 1928
310-2091-04
1 a motion picture or any part thereof by means of any
2 technology now known or later developed.
3 (b) "Motion picture theater" means a movie theater,
4 screening room, or other venue when used primarily for the
5 exhibition of a motion picture.
6 (c) "Theater owner" means the owner, operator, or
7 lessee of a motion picture theater and includes an employee or
8 agent of the theater owner.
9 (2) PROHIBITED ACTS.--Any person who knowingly
10 operates the audiovisual recording function of any device in a
11 motion picture theater, while a motion picture is being
12 exhibited, without the express written consent of the theater
13 owner commits a felony of the third degree, punishable as
14 provided in section 775.082, Florida Statutes, or by a fine of
15 up to $25,000, or both.
16 (3) IMMUNITY.--A theater owner may detain, in a
17 reasonable manner and for a reasonable period, any person whom
18 the owner believes in good faith has violated or is violating
19 this section. The theater owner may not be held liable in any
20 civil action arising out of measures taken in the course of
21 detaining the person while awaiting the arrival of a law
22 enforcement officer, unless the plaintiff can show by clear
23 and convincing evidence that the measures were manifestly
24 unreasonable or the period of detention was unreasonably long.
25 (4) LAW ENFORCEMENT OFFICIALS.--This section does not
26 prevent an employee or agent of an investigative agency, law
27 enforcement agency, protective services agency, or
28 intelligence-gathering agency from operating an audiovisual
29 recording device in a motion picture theater where a motion
30 picture is being exhibited as part of a lawfully authorized
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Florida Senate - 2004 CS for SB 1928
310-2091-04
1 investigative, protective, law enforcement, or
2 intelligence-gathering activity.
3 (5) LIMITATION.--This section does not prevent the
4 prosecution of an offense under any other law.
5 Section 2. This act shall take effect July 1, 2004.
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7 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
8 Senate Bill 1928
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10 The committee substitute:
11 -- Removes a prohibition against operating an audiovisual
recording device in a motion picture theater without the
12 express written consent of the licensor of the motion
picture being exhibited.
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-- Limits a prohibition against operating an audiovisual
14 recording device in a motion picture theater to those
times when a motion picture is being exhibited.
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-- Revises the term "motion picture theater" to remove a
16 provision that limits a prohibition against operating of
an audiovisual recording device in a motion picture
17 theater to theaters exhibiting motion pictures to the
public; to remove a specific exemption from the
18 prohibition for personal residences; and to specify that
the prohibition applies in any venue when used primarily
19 to exhibit a motion picture.
20 -- Removes a specific exemption for retail establishments
from a prohibition against operating an audiovisual
21 recording device in a motion picture theater.
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