Florida Senate - 2021 CS for SB 1046 By the Committee on Commerce and Tourism; and Senators Bean, Baxley, and Bradley 577-02866-21 20211046c1 1 A bill to be entitled 2 An act relating to arrest booking photographs; 3 amending s. 901.43, F.S.; expanding the applicability 4 of provisions relating to the dissemination of arrest 5 booking photographs to include a person or an entity 6 whose primary business model is the publication or 7 dissemination of such photographs for a commercial 8 purpose or pecuniary gain; providing an effective 9 date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Section 901.43, Florida Statutes, is amended to 14 read: 15 901.43 Dissemination of arrest booking photographs.— 16 (1) Any person or entity engaged in the business of 17 publishing through a publicly accessible print or electronic 18 medium or otherwise disseminating arrest booking photographs of 19 persons who have previously been arrested may not solicit or 20 accept a fee or other form of payment to remove the photographs. 21 (2) A person whose arrest booking photograph is published 22 or otherwise disseminated, or his or her legal representative, 23 may make a request, in writing, for the removal of an arrest 24 booking photograph to the registered agent of the person or 25 entity who published or otherwise disseminated the photograph. 26 The written request for removal of the arrest booking photograph 27 must be sent by registered mail and include sufficient proof of 28 identification of the person whose arrest booking photograph was 29 published or otherwise disseminated and specific information 30 identifying the arrest booking photograph that the written 31 request is seeking to remove. Within 10 days of receipt of the 32 written request for removal of the arrest booking photograph, 33 the person or entity who published or otherwise disseminated the 34 photograph shall remove the arrest booking photograph without 35 charge. 36 (3) The person whose arrest booking photograph was 37 published or otherwise disseminated in the publication or 38 electronic medium may bring a civil action to enjoin the 39 continued publication or dissemination of the photograph if the 40 photograph is not removed within 10 calendar days after receipt 41 of the written request for removal. The court may impose a civil 42 penalty of $1,000 per day for noncompliance with an injunction 43 and shall award reasonable attorney fees and court costs related 44 to the issuance and enforcement of the injunction. Moneys 45 recovered for civil penalties under this section shall be 46 deposited into the General Revenue Fund. 47 (4) Refusal to remove an arrest booking photograph after 48 written request has been made constitutes an unfair or deceptive 49 trade practice in accordance with part II of chapter 501. 50 (5) This section does not apply to any person or entity 51 that publishes or disseminates information relating to arrest 52 booking photographs unless: 53 (a) The person or entity solicits or accepts payment to 54 remove the photographs; or 55 (b) The person or entity’s primary business model is the 56 publishing and disseminating of arrest booking photographs for a 57 commercial purpose or pecuniary gain. 58 Section 2. This act shall take effect October 1, 2021.