Florida Senate - 2021 SB By Senator Bean 4-01228-21 20211046__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to arrest booking photographs; 2 amending s. 901.43, F.S.; expanding the applicability of provisions relating to the dissemination of arrest booking photographs to include a person or entity whose primary business model is the publishing or dissemination of such photographs for a commercial purpose or pecuniary gain; revising applicability; 8 providing an effective date. 9

Be It Enacted by the Legislature of the State of Florida: 11

Section

Section 901.43, Florida Statutes, is amended to read: 14 901.43 Dissemination of arrest booking photographs.— 15

(1) Any person or entity engaged in the business of publishing through a publicly accessible print or electronic medium or otherwise disseminating arrest booking photographs of persons who have previously been arrested may not solicit or accept a fee or other form of payment to remove the photographs. 20

(2) A person whose arrest booking photograph is published or otherwise disseminated, or his or her legal representative, 22 may make a request, in writing, for the removal of an arrest booking photograph to the registered agent of the person or entity who published or otherwise disseminated the photograph. 25 The written request for removal of the arrest booking photograph must be sent by registered mail and include sufficient proof of identification of the person whose arrest booking photograph was published or otherwise disseminated and specific information Florida Senate - 2021 SB 1046 4-01228-21 20211046__ CODING: Words stricken are deletions; words underlined are additions. identifying the arrest booking photograph that the written request is seeking to remove.

Within days of receipt of the written request for removal of the arrest booking photograph, 32 the person or entity who published or otherwise disseminated the photograph shall remove the arrest booking photograph without charge. 35

(3) The person whose arrest booking photograph was published or otherwise disseminated in the publication or electronic medium may bring a civil action to enjoin the continued publication or dissemination of the photograph if the photograph is not removed within calendar days after receipt of the written request for removal. The court may impose a civil penalty of $1,000 per day for noncompliance with an injunction and shall award reasonable attorney fees and court costs related to the issuance and enforcement of the injunction. Moneys recovered for civil penalties under this

section shall be deposited into the General Revenue Fund. 46

(4) Refusal to remove an arrest booking photograph after written request has been made constitutes an unfair or deceptive trade practice in accordance with

part II of

chapter 501. 49

(5) This

section does not apply to: 50

(

a) Any person or entity that publishes or disseminates information relating to arrest booking photographs unless: 52 1. The person or entity solicits or accepts payment to remove the photographs; or 54 2. The person or entity’s primary business model is the publishing and disseminating of arrest booking photographs for a commercial purpose or pecuniary gain. 57

(

b) Any act performed for the purpose of disseminating news Florida Senate - 2021 SB 1046 4-01228-21 20211046__ CODING: Words stricken are deletions; words underlined are additions. to the public, including gathering, publishing, or broadcasting information to the public for a news-related purpose, or to any other act performed by a publisher, owner, agent, employee, or retailer of a newspaper, radio station, radio network, 62 television station, television broadcast network, cable television network, or other online news outlet associated with any news organization in connection with the dissemination of news to the public. 66

Section 2. This act shall take effect October 1, 2021. 67