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.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

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

31  

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    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.

 6  

 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 8                         Senate Bill 1928

 9                                 

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.
13  
    --   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.
15  
    --   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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