ENROLLED 2021 Legislature CS for SB 1046, 1st Engrossed 20211046er 1 2 An act relating to arrest booking photographs; 3 amending s. 901.43, F.S.; prohibiting the republishing 4 or redissemination of certain arrest booking 5 photographs; authorizing a person whose arrest booking 6 photograph is republished or redisseminated to bring a 7 civil action against the person or entity republishing 8 or redisseminating the photograph if such person or 9 entity was required to remove it from the publication 10 or electronic medium; authorizing a court to impose a 11 specified civil penalty; requiring a court to award 12 reasonable attorney fees and court costs; requiring 13 that recovered civil penalties be deposited into the 14 General Revenue Fund; providing that republishing or 15 redisseminating an arrest booking photograph under 16 certain circumstances constitutes an unfair or 17 deceptive trade practice; making technical changes; 18 expanding the applicability of provisions relating to 19 the dissemination of arrest booking photographs to 20 include a person or an entity whose primary business 21 model is the publishing or disseminating of such 22 photographs for a commercial purpose or pecuniary 23 gain; providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Section 901.43, Florida Statutes, is amended to 28 read: 29 901.43 Dissemination of arrest booking photographs.— 30 (1) Any person or entity engaged in the business of 31 publishing through a publicly accessible print or electronic 32 medium or otherwise disseminating arrest booking photographs of 33 persons who have previously been arrested may not solicit or 34 accept a fee or other form of payment to remove the photographs. 35 (2) A person whose arrest booking photograph is published 36 or otherwise disseminated, or his or her legal representative, 37 may make a request, in writing, for the removal of an arrest 38 booking photograph to the registered agent of the person or 39 entity who published or otherwise disseminated the photograph. 40 The written request for removal of the arrest booking photograph 41 must be sent by registered mail and include sufficient proof of 42 identification of the person whose arrest booking photograph was 43 published or otherwise disseminated and specific information 44 identifying the arrest booking photograph that the written 45 request is seeking to remove. Within 10 calendar days after
of46 receipt of the written request for removal of the arrest booking 47 photograph, the person or entity who published or otherwise 48 disseminated the photograph shall remove the arrest booking 49 photograph without charge and may not republish or otherwise 50 redisseminate such photograph. 51 (3)(a) The person whose arrest booking photograph was 52 published or otherwise disseminated in the publication or 53 electronic medium may bring a civil action to enjoin the 54 continued publication or dissemination of the photograph if the 55 photograph is not removed within 10 calendar days after receipt 56 of the written request for removal. The court may impose a civil 57 penalty of $1,000 per day for noncompliance with an injunction 58 and shall award reasonable attorney fees and court costs related 59 to the issuance and enforcement of the injunction. Moneys 60 recovered for civil penalties under this paragraph sectionshall 61 be deposited into the General Revenue Fund. 62 (b) If a person or an entity was required to remove an 63 arrest booking photograph under this section and later 64 republishes or otherwise redisseminates the photograph in the 65 publication or electronic medium, the person whose photograph is 66 republished or redisseminated may bring a civil action to enjoin 67 the continued publication or dissemination of the photograph. 68 The court may impose a civil penalty of $5,000 per day for 69 noncompliance with an injunction and shall award reasonable 70 attorney fees and court costs related to the issuance and 71 enforcement of the injunction. Moneys recovered for civil 72 penalties under this paragraph shall be deposited into the 73 General Revenue Fund. 74 (4) Refusal to remove an arrest booking photograph after 75 written request has been made or republishing or otherwise 76 redisseminating an arrest booking photograph after a written 77 request to remove such photograph has been made constitutes an 78 unfair or deceptive trade practice in accordance with part II of 79 chapter 501. 80 (5) This section does not apply to any person or entity 81 that publishes or disseminates information relating to arrest 82 booking photographs unless: 83 (a) The person or entity solicits or accepts payment to 84 remove the photographs; or 85 (b) The person or entity’s primary business model is the 86 publishing and disseminating of arrest booking photographs for a 87 commercial purpose or pecuniary gain. 88 Section 2. This act shall take effect October 1, 2021.