Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 118
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  03/06/2017           .                                

       The Committee on Criminal Justice (Steube) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. (1)Any person or entity engaged in the business
    6  of publishing or otherwise disseminating arrest booking
    7  photographs of persons who have previously been arrested through
    8  a publicly accessible print or electronic medium may not solicit
    9  or accept a fee or other form of payment to remove, correct, or
   10  modify such photographs.
   11         (2)Within 10 calendar days of receipt of a written request
   12  for removal of a booking photograph from a person whose booking
   13  photograph is published or otherwise disseminated, or from his
   14  or her legal representative, the person or entity who published
   15  or otherwise disseminated the photograph shall remove the
   16  photograph without charge.
   17         (3)The person whose arrest booking photograph was
   18  published or otherwise disseminated in the publication or
   19  electronic medium may bring a civil action to enjoin the
   20  continued publication or dissemination of the photograph if the
   21  photograph is not removed within 10 calendar days after receipt
   22  of the written request for removal. The court may impose a civil
   23  penalty of $1,000 per day for noncompliance with an injunction
   24  and shall award reasonable attorney fees and court costs related
   25  to the issuance and enforcement of the injunction. Moneys
   26  recovered for civil penalties under this section shall be
   27  deposited into the General Revenue Fund.
   28         (4)Refusal to remove an arrest booking photograph after
   29  written request has been made constitutes an unfair or deceptive
   30  trade practice in accordance with part II of chapter 501.
   31         (5)This section does not apply to any person or entity
   32  that publishes or disseminates information relating to arrests
   33  unless the person or entity solicits or accepts payment to
   34  remove, correct, or modify the photographs.
   35         Section 2. Paragraph (a) of subsection (2) of section
   36  943.0585, Florida Statutes, is amended to read:
   37         943.0585 Court-ordered expunction of criminal history
   38  records.—
   40  petitioning the court to expunge a criminal history record, a
   41  person seeking to expunge a criminal history record shall apply
   42  to the department for a certificate of eligibility for
   43  expunction. The department shall, by rule adopted pursuant to
   44  chapter 120, establish procedures pertaining to the application
   45  for and issuance of certificates of eligibility for expunction.
   46  A certificate of eligibility for expunction is valid for 12
   47  months after the date stamped on the certificate when issued by
   48  the department. After that time, the petitioner must reapply to
   49  the department for a new certificate of eligibility. Eligibility
   50  for a renewed certification of eligibility must be based on the
   51  status of the applicant and the law in effect at the time of the
   52  renewal application. The department shall issue a certificate of
   53  eligibility for expunction to a person who is the subject of a
   54  criminal history record if that person:
   55         (a) Has obtained, and submitted to the department, a
   56  written, certified statement from the appropriate state attorney
   57  or statewide prosecutor which indicates:
   58         1. That an indictment, information, or other charging
   59  document was not filed or issued in the case.
   60         2. That an indictment, information, or other charging
   61  document, if filed or issued in the case, was dismissed or nolle
   62  prosequi by the state attorney or statewide prosecutor, or was
   63  dismissed by a court of competent jurisdiction, that a judgment
   64  of acquittal was rendered by a judge, or that a verdict of not
   65  guilty was rendered by a judge or jury and that none of the
   66  charges related to the arrest or alleged criminal activity to
   67  which the petition to expunge pertains resulted in a trial,
   68  without regard to whether the outcome of the trial was other
   69  than an adjudication of guilt.
   70         3. That the criminal history record does not relate to a
   71  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
   72  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
   73  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
   74  s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
   75  or any violation specified as a predicate offense for
   76  registration as a sexual predator pursuant to s. 775.21, without
   77  regard to whether that offense alone is sufficient to require
   78  such registration, or for registration as a sexual offender
   79  pursuant to s. 943.0435, where the defendant was found guilty
   80  of, or pled guilty or nolo contendere to any such offense, or
   81  that the defendant, as a minor, was found to have committed, or
   82  pled guilty or nolo contendere to committing, such an offense as
   83  a delinquent act, without regard to whether adjudication was
   84  withheld.
   85         Section 3. This act shall take effect July 1, 2017.
   87  ================= T I T L E  A M E N D M E N T ================
   88  And the title is amended as follows:
   89         Delete everything before the enacting clause
   90  and insert:
   91                        A bill to be entitled                      
   92         An act relating to criminal history records;
   93         prohibiting a person or entity engaged in publishing
   94         or disseminating arrest booking photographs from
   95         soliciting or accepting a fee or other payment to
   96         remove, correct, or modify such photograph; requiring
   97         a person or entity, within a specified timeframe, to
   98         remove an arrest booking photograph after receipt of a
   99         written request; authorizing a person to bring a civil
  100         action to enjoin such publishing of a photograph;
  101         authorizing a court to impose a civil penalty and
  102         award attorney fees and court costs; providing
  103         applicability; amending s. 943.0585, F.S.; revising
  104         the eligibility requirements for expunction of
  105         criminal history records to include instances in which
  106         a judgment of acquittal or a verdict of not guilty is
  107         rendered; providing an effective date.