Florida Senate - 2021 SB 1398 By Senator Thurston 33-01377-21 20211398__ 1 A bill to be entitled 2 An act relating to dissemination of arrest booking 3 photographs; amending s. 901.43, F.S.; prohibiting the 4 republishing or redissemination of certain arrest 5 booking photographs; authorizing a person whose arrest 6 booking photograph is republished or redisseminated to 7 bring a civil action against the person or entity 8 republishing or redisseminating the photograph if such 9 person or entity was required to remove it from the 10 publication or electronic medium; authorizing a court 11 to impose a specified civil penalty; requiring a court 12 to award reasonable attorney fees and court costs; 13 requiring that recovered civil penalties be deposited 14 into the General Revenue Fund; providing that 15 republishing or redisseminating an arrest booking 16 photograph under certain circumstances constitutes an 17 unfair or deceptive trade practice; making technical 18 changes; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Subsections (2), (3), and (4) of section 901.43, 23 Florida Statutes, are amended to read: 24 901.43 Dissemination of arrest booking photographs.— 25 (2) A person whose arrest booking photograph is published 26 or otherwise disseminated, or his or her legal representative, 27 may make a request, in writing, for the removal of an arrest 28 booking photograph to the registered agent of the person or 29 entity who published or otherwise disseminated the photograph. 30 The written request for removal of the arrest booking photograph 31 must be sent by registered mail and include sufficient proof of 32 identification of the person whose arrest booking photograph was 33 published or otherwise disseminated and specific information 34 identifying the arrest booking photograph that the written 35 request is seeking to remove. Within 10 calendar days after
of36 receipt of the written request for removal of the arrest booking 37 photograph, the person or entity who published or otherwise 38 disseminated the photograph shall remove the arrest booking 39 photograph without charge and may not republish or redisseminate 40 it. 41 (3)(a) The person whose arrest booking photograph was 42 published or otherwise disseminated in the publication or 43 electronic medium may bring a civil action to enjoin the 44 continued publication or dissemination of the photograph if the 45 photograph is not removed within 10 calendar days after receipt 46 of the written request for removal. The court may impose a civil 47 penalty of $1,000 per day for noncompliance with an injunction 48 and shall award reasonable attorney fees and court costs related 49 to the issuance and enforcement of the injunction. Moneys 50 recovered for civil penalties under this paragraph sectionshall 51 be deposited into the General Revenue Fund. 52 (b) If a person or an entity in compliance with the 53 requirements of this section was required to remove an arrest 54 booking photograph and then republishes it or otherwise 55 redisseminates it in the publication or electronic medium, the 56 person whose photograph is republished or redisseminated may 57 bring a civil action to enjoin the continued republishing or 58 redissemination of the photograph. The court may impose a civil 59 penalty of $5,000 per day for noncompliance with an injunction 60 and shall award reasonable attorney fees and court costs related 61 to the issuance and enforcement of the injunction. Moneys 62 recovered for civil penalties under this paragraph shall be 63 deposited into the General Revenue Fund. 64 (4) Refusal to remove an arrest booking photograph after 65 written request has been made or republishing or redisseminating 66 an arrest booking photograph constitutes an unfair or deceptive 67 trade practice in accordance with part II of chapter 501. 68 Section 2. This act shall take effect July 1, 2021.