Florida Senate - 2021 SB By Senator Thurston 33-01377-21 20211398__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to dissemination of arrest booking photographs; amending s. 901.43, F.S.; prohibiting the republishing or redissemination of certain arrest booking photographs; authorizing a person whose arrest booking photograph is republished or redisseminated to bring a civil action against the person or entity republishing or redisseminating the photograph if such person or entity was required to remove it from the publication or electronic medium; authorizing a court to impose a specified civil penalty; requiring a court to award reasonable attorney fees and court costs; 12 requiring that recovered civil penalties be deposited into the General Revenue Fund; providing that republishing or redisseminating an arrest booking photograph under certain circumstances constitutes an unfair or deceptive trade practice; making technical changes; providing an effective date. 18

Be It Enacted by the Legislature of the State of Florida: 20

Section 1. Subsections (2), (3), and (4) of

section 901.43, 22 Florida Statutes, are amended to read: 23 901.43 Dissemination of arrest booking photographs.— 24

(2) A person whose arrest booking photograph is published or otherwise disseminated, or his or her legal representative, 26 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. 29 Florida Senate - 2021 SB 1398 33-01377-21 20211398__ CODING: Words stricken are deletions; words underlined are additions.

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 identifying the arrest booking photograph that the written request is seeking to remove.

Within calendar days after of receipt of the written request for removal of the arrest booking photograph, the person or entity who published or otherwise disseminated the photograph shall remove the arrest booking photograph without charge and may not republish or redisseminate it. 40 (3)(

a) 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 paragraph

section shall be deposited into the General Revenue Fund. 51

(

b) If a person or an entity in compliance with the requirements of this

section was required to remove an arrest booking photograph and then republishes it or otherwise redisseminates it in the publication or electronic medium, the person whose photograph is republished or redisseminated may bring a civil action to enjoin the continued republishing or redissemination of the photograph.

The court may impose a civil Florida Senate - 2021 SB 1398 33-01377-21 20211398__ CODING: Words stricken are deletions; words underlined are additions. penalty of $5,000 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 paragraph shall be deposited into the General Revenue Fund. 63

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

part II of

chapter 501. 67

Section 2. This act shall take effect July 1, 2021. 68