| 1 | A bill to be entitled |
| 2 | An act relating to the unlawful use of a recording device |
| 3 | in a motion picture theater; providing definitions; |
| 4 | providing that a person who knowingly operates the |
| 5 | audiovisual recording function of any device in a motion |
| 6 | picture theater without the express written consent of the |
| 7 | theater owner and the licensor of the motion picture being |
| 8 | exhibited commits a felony of the third degree; providing |
| 9 | for the imposition of criminal fines; authorizing the |
| 10 | theater owner or licensor to detain certain persons; |
| 11 | providing immunity to the theater owner or licensor for |
| 12 | detaining certain persons while awaiting the arrival of a |
| 13 | law enforcement officer; providing an exception to such |
| 14 | immunity; providing that an employee or agent of certain |
| 15 | law enforcement, protective services, intelligence |
| 16 | gathering, or investigative agencies may operate an |
| 17 | audiovisual recording device as part of a lawfully |
| 18 | authorized activity; directing that the act does not apply |
| 19 | to a person operating an audiovisual recording function of |
| 20 | a device in a retail establishment when demonstrating the |
| 21 | use of the device for sales purposes; providing |
| 22 | applicability; providing an effective date. |
| 23 |
|
| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
|
| 26 | Section 1. Unlawful use of a recording device in a motion |
| 27 | picture theater.-- |
| 28 | (1) DEFINITIONS.--As used in this section, the term: |
| 29 | (a) "Audiovisual recording function" means the capability |
| 30 | of a camera, an audio or video recorder, or any other device to |
| 31 | record, transfer sounds or images, or transmit a motion picture |
| 32 | or any part thereof by means of any technology now known or |
| 33 | later developed. |
| 34 | (b) "Licensor" means the person who owns the intellectual |
| 35 | property rights of the motion picture and includes an employee |
| 36 | or agent of the licensor. |
| 37 | (c) "Motion picture theater" means any site or facility |
| 38 | used for the exhibition of a motion picture to the public. The |
| 39 | term does not include a personal residence. |
| 40 | (d) "Theater owner" means the owner, operator, or lessee |
| 41 | of a motion picture theater and includes an employee or agent of |
| 42 | the theater owner. |
| 43 | (2) PROHIBITED ACTS.--Any person who knowingly operates |
| 44 | the audiovisual recording function of any device in a motion |
| 45 | picture theater without the express written consent of the |
| 46 | theater owner and the licensor of the motion picture that is |
| 47 | being exhibited commits a felony of the third degree, punishable |
| 48 | as provided in s. 775.082 or s. 775.083, or by a fine of up to |
| 49 | $25,000, or both. |
| 50 | (3) IMMUNITY.--A theater owner or licensor may detain, in |
| 51 | a reasonable manner and for a reasonable period, any person who |
| 52 | the owner or licensor believes in good faith has violated or is |
| 53 | violating this section. The theater owner or licensor may not be |
| 54 | held liable in any civil action arising out of measures taken in |
| 55 | the course of detaining the person while awaiting the arrival of |
| 56 | a law enforcement officer, unless the plaintiff can show by |
| 57 | clear and convincing evidence that the measures were manifestly |
| 58 | unreasonable or the period of detention was unreasonably long. |
| 59 | (4) LAW ENFORCEMENT OFFICIALS.--This section does not |
| 60 | prevent an employee or agent of an investigative agency, law |
| 61 | enforcement agency, protective services agency, or intelligence |
| 62 | gathering agency from operating an audiovisual recording device |
| 63 | in a motion picture theater where a motion picture is being |
| 64 | exhibited as part of a lawfully authorized investigative, |
| 65 | protective, law enforcement, or intelligence gathering activity. |
| 66 | (5) RETAIL ESTABLISHMENTS.--This section does not apply to |
| 67 | a person who operates the audiovisual recording function of a |
| 68 | device in a retail establishment solely to demonstrate the use |
| 69 | of that device for sales purposes. |
| 70 | (6) LIMITATION.--This section does not prevent the |
| 71 | prosecution of a violation of this section under any other law |
| 72 | that provides more severe penalties. |
| 73 | Section 2. This act shall take effect July 1, 2004, and |
| 74 | shall apply to offenses committed on or after that date. |