Florida Senate - 2017                                     SB 546
       
       
        
       By Senator Bracy
       
       11-00392-17                                            2017546__
    1                        A bill to be entitled                      
    2         An act relating to arrest booking photographs;
    3         amending s. 951.23, F.S.; defining terms; prohibiting
    4         a criminal justice agency from electronically
    5         publishing arrest booking photographs of certain
    6         arrestees; providing exceptions; providing
    7         construction; providing an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (12) is added to section 951.23,
   12  Florida Statutes, to read:
   13         951.23 County and municipal detention facilities;
   14  definitions; administration; standards and requirements.—
   15         (12) ARREST BOOKING PHOTOGRAPHS.—
   16         (a) As used in this subsection, the term:
   17         1. “Arrest booking photograph” means a photograph of an
   18  arrestee taken for the purpose of recording the arrestee’s image
   19  as part of the arrest and booking process.
   20         2. “Criminal justice agency” has the same meaning as
   21  provided in s. 943.045 and includes a county detention facility
   22  and a municipal detention facility as those terms are defined in
   23  subsection (1).
   24         (b) A criminal justice agency may not electronically
   25  publish an arrest booking photograph of an arrestee who is
   26  charged with, but not yet convicted of, a criminal offense.
   27         (c) Paragraph (b) does not apply to the electronic
   28  publication of arrest booking photographs:
   29         1. To governmental entities.
   30         2. To third parties that provide electronic criminal
   31  justice services to criminal justice agencies.
   32         3. To any entity if the sheriff or police chief, or a
   33  designee thereof, decides publication of an arrest booking
   34  photograph is necessary to protect public safety.
   35         (d) This subsection does not restrict public access to
   36  records as provided in s. 119.07.
   37         Section 2. This act shall take effect October 1, 2017.