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. |