| 1 | The Committee on Public Safety & Crime Prevention recommends the |
| 2 | following: |
| 3 |
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| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to the unlawful use of a recording device |
| 8 | in a motion picture theater; providing definitions; |
| 9 | providing that a person who knowingly operates the |
| 10 | audiovisual recording function of any device in a motion |
| 11 | picture theater without the express written consent of the |
| 12 | theater owner commits a felony of the third degree; |
| 13 | providing criminal penalties, including an increased fine; |
| 14 | authorizing the theater owner to detain certain persons; |
| 15 | providing immunity to the theater owner for detaining |
| 16 | certain persons while awaiting the arrival of a law |
| 17 | enforcement officer; providing an exception to such |
| 18 | immunity; providing that an employee or agent of certain |
| 19 | law enforcement, protective services, intelligence |
| 20 | gathering, or investigative agencies may operate an |
| 21 | audiovisual recording device as part of a lawfully |
| 22 | authorized activity; providing applicability; providing an |
| 23 | effective date. |
| 24 |
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| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. Unlawful use of a recording device in a motion |
| 28 | picture theater.-- |
| 29 | (1) DEFINITIONS.--As used in this section, the term: |
| 30 | (a) "Audiovisual recording function" means the capability |
| 31 | of a camera, an audio or video recorder, or any other device to |
| 32 | record, transfer sounds or images, or transmit a motion picture |
| 33 | or any part thereof by means of any technology now known or |
| 34 | later developed. |
| 35 | (b) "Motion picture theater" means a movie theater, |
| 36 | screening room, or other venue when used primarily for the |
| 37 | exhibition of a motion picture. |
| 38 | (c) "Theater owner" means the owner, operator, or lessee |
| 39 | of a motion picture theater and includes an employee or agent of |
| 40 | the theater owner. |
| 41 | (2) PROHIBITED ACTS.--Any person who knowingly operates |
| 42 | the audiovisual recording function of any device in a motion |
| 43 | picture theater while a motion picture is being exhibited |
| 44 | without the express written consent of the theater owner commits |
| 45 | a felony of the third degree, punishable as provided in s. |
| 46 | 775.082 or by a fine of up to $25,000, or both. |
| 47 | (3) IMMUNITY.--A theater owner may detain, in a reasonable |
| 48 | manner and for a reasonable period, any person who the owner has |
| 49 | probable cause to believe has violated or is violating this |
| 50 | section. A law enforcement officer shall be called to the scene |
| 51 | immediately after the person is detained. The theater owner may |
| 52 | not be held liable in any civil or criminal action relating to |
| 53 | false arrest, false imprisonment, or unlawful detention arising |
| 54 | out of measures taken in the course of detaining the person |
| 55 | while awaiting the arrival of a law enforcement officer, unless |
| 56 | the plaintiff can show by clear and convincing evidence that the |
| 57 | measures were manifestly unreasonable or the period of detention |
| 58 | 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) LIMITATION.--This section does not prevent the |
| 67 | prosecution of a violation of this section under any other law. |
| 68 | Section 2. This act shall take effect July 1, 2004, and |
| 69 | shall apply to offenses committed on or after that date. |