HB 1331CS

CHAMBER ACTION




1The Committee on Public Safety & Crime Prevention recommends the
2following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to the unlawful use of a recording device
8in a motion picture theater; providing definitions;
9providing that a person who knowingly operates the
10audiovisual recording function of any device in a motion
11picture theater without the express written consent of the
12theater owner commits a felony of the third degree;
13providing criminal penalties, including an increased fine;
14authorizing the theater owner to detain certain persons;
15providing immunity to the theater owner for detaining
16certain persons while awaiting the arrival of a law
17enforcement officer; providing an exception to such
18immunity; providing that an employee or agent of certain
19law enforcement, protective services, intelligence
20gathering, or investigative agencies may operate an
21audiovisual recording device as part of a lawfully
22authorized activity; providing applicability; providing an
23effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Unlawful use of a recording device in a motion
28picture theater.--
29     (1)  DEFINITIONS.--As used in this section, the term:
30     (a)  "Audiovisual recording function" means the capability
31of a camera, an audio or video recorder, or any other device to
32record, transfer sounds or images, or transmit a motion picture
33or any part thereof by means of any technology now known or
34later developed.
35     (b)  "Motion picture theater" means a movie theater,
36screening room, or other venue when used primarily for the
37exhibition of a motion picture.
38     (c)  "Theater owner" means the owner, operator, or lessee
39of a motion picture theater and includes an employee or agent of
40the theater owner.
41     (2)  PROHIBITED ACTS.--Any person who knowingly operates
42the audiovisual recording function of any device in a motion
43picture theater while a motion picture is being exhibited
44without the express written consent of the theater owner commits
45a felony of the third degree, punishable as provided in s.
46775.082 or by a fine of up to $25,000, or both.
47     (3)  IMMUNITY.--A theater owner may detain, in a reasonable
48manner and for a reasonable period, any person who the owner has
49probable cause to believe has violated or is violating this
50section. A law enforcement officer shall be called to the scene
51immediately after the person is detained. The theater owner may
52not be held liable in any civil or criminal action relating to
53false arrest, false imprisonment, or unlawful detention arising
54out of measures taken in the course of detaining the person
55while awaiting the arrival of a law enforcement officer, unless
56the plaintiff can show by clear and convincing evidence that the
57measures were manifestly unreasonable or the period of detention
58was unreasonably long.
59     (4)  LAW ENFORCEMENT OFFICIALS.--This section does not
60prevent an employee or agent of an investigative agency, law
61enforcement agency, protective services agency, or intelligence
62gathering agency from operating an audiovisual recording device
63in a motion picture theater where a motion picture is being
64exhibited as part of a lawfully authorized investigative,
65protective, law enforcement, or intelligence gathering activity.
66     (5)  LIMITATION.--This section does not prevent the
67prosecution of a violation of this section under any other law.
68     Section 2.  This act shall take effect July 1, 2004, and
69shall apply to offenses committed on or after that date.


CODING: Words stricken are deletions; words underlined are additions.