Florida Senate - 2016                                    SB 1072
       
       
        
       By Senator Soto
       
       14-01006A-16                                          20161072__
    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 certain medium from
    6         soliciting or accepting payment of a fee or other
    7         consideration to remove, correct, or modify such
    8         photograph; authorizing an action to enjoin
    9         publication or dissemination of an arrest booking
   10         photograph for a violation of the act; specifying the
   11         time limit for the removal of an arrest booking
   12         photograph pursuant to a court order; providing a
   13         civil penalty; providing for reasonable attorney fees
   14         and costs; requiring the court to terminate an
   15         injunction under certain circumstances; providing
   16         applicability; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 119.17, Florida Statutes, is created to
   21  read:
   22         119.17 Arrest booking photographs.—
   23         (1) As used in this section, the term:
   24         (a) “Arrest booking photograph” means a photograph of an
   25  arrestee taken for the purpose of recording the arrestee’s image
   26  as part of the arrest and booking process.
   27         (b) “Arrestee” means an individual who has been arrested
   28  for a violation of law in this state.
   29         (c) “Fee or other consideration” does not include a fee or
   30  consideration, including attorney fees and costs, solicited or
   31  accepted in connection with the actual or attempted settlement
   32  or compromise of a lawsuit, a threatened lawsuit, an arbitration
   33  claim, a threatened arbitration claim, or other judicial or
   34  quasi-judicial proceeding.
   35         (2) A person engaged in publishing or otherwise
   36  disseminating arrest booking photographs through a publicly
   37  accessible print or electronic medium may not solicit or accept
   38  a fee or other consideration to remove, correct, or modify an
   39  arrest booking photograph of an arrestee.
   40         (3) If a person engaged in publishing or otherwise
   41  disseminating arrest booking photographs through a publicly
   42  accessible print or electronic medium violates subsection (2),
   43  the arrestee who is the subject of the arrest booking photograph
   44  may bring an action to enjoin the publication or other
   45  dissemination of the arrest booking photograph.
   46         (a) If the court enjoins the publication or other
   47  dissemination of the arrest booking photograph, the court shall
   48  specify in its order that the arrest booking photograph must be
   49  removed from publication or other dissemination no later than 14
   50  days after the date the order is entered. The court shall impose
   51  a civil penalty of $1,000 per day for each day of noncompliance
   52  with the order.
   53         (b) If the court enjoins the publication or other
   54  dissemination of an arrestee’s arrest booking photograph, the
   55  arrestee is entitled to reasonable attorney fees and costs
   56  relating to issuance of the injunction and to any appeal of the
   57  order issuing the injunction in which the arrestee is the
   58  prevailing party.
   59         (c) If, subsequent to the 14-day period for removal of the
   60  photograph pursuant to paragraph (a), the person subject to the
   61  injunction demonstrates to the court that he or she is in
   62  compliance with this section, the court shall terminate the
   63  injunction.
   64         (4) This section does not apply to any state, regional,
   65  county, local, or municipal governmental entity of this state,
   66  whether executive, judicial, or legislative, or any department,
   67  division, bureau, commission, authority, or political
   68  subdivision.
   69         Section 2. This act shall take effect October 1, 2016.