Senate Bill sb1928

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    Florida Senate - 2004                                  SB 1928

    By Senator Atwater





    25-1142-04

  1                      A bill to be entitled

  2         An act relating to the unlawful use of a

  3         recording device in a motion picture theater;

  4         providing definitions; providing that a person

  5         who knowingly operates the audiovisual

  6         recording function of any device in a motion

  7         picture theater without the express written

  8         consent of the theater owner and the licensor

  9         of the motion picture being exhibited commits a

10         felony of the third degree; providing for the

11         imposition of criminal fines; authorizing the

12         theater owner or licensor to detain a person in

13         violation of the act; providing immunity to the

14         theater owner or licensor for detaining a

15         person in violation of the act while awaiting

16         the arrival of a law enforcement officer;

17         providing an exception to the immunity;

18         providing that an employee or agent of certain

19         law enforcement, protective services, or

20         investigative agencies may operate an

21         audiovisual recording device as part of a

22         lawfully authorized activity; directing that

23         the act does not apply to a person operating an

24         audiovisual recording function of a device in a

25         retail establishment when demonstrating the use

26         of the device for sales purposes; providing an

27         effective date.

28  

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

30  

31  

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    Florida Senate - 2004                                  SB 1928
    25-1142-04




 1         Section 1.    Unlawful use of a recording device in a

 2  motion picture theater.--

 3         (1)  DEFINITIONS.--As used in this section, the term:

 4         (a)  "Audiovisual recording function" means the

 5  capability of a camera, an audio or video recorder, or any

 6  other device to record, transfer sounds or images, or transmit

 7  a motion picture or any part thereof by means of any

 8  technology now known or later developed.

 9         (b)  "Licensor" means the person who owns the

10  intellectual property rights of the motion picture and

11  includes an employee or agent of the licensor.

12         (c)  "Motion picture theater" means any site or

13  facility used for the exhibition of a motion picture to the

14  public. The term does not include a personal residence.

15         (d)  "Theater owner" means the owner, operator, or

16  lessee of a motion picture theater and includes an employee or

17  agent of the theater owner.

18         (2)  PROHIBITED ACTS.--Any person who knowingly

19  operates the audiovisual recording function of any device in a

20  motion picture theater without the express written consent of

21  the theater owner and the licensor of the motion picture that

22  is being exhibited commits a felony of the third degree,

23  punishable as provided in s. 775.082 or s. 775.083, or by a

24  fine of up to $25,000, or both.

25         (3)  IMMUNITY.--A theater owner or licensor may detain,

26  in a reasonable manner and for a reasonable period, any person

27  whom the owner or licensor believes in good faith has violated

28  or is violating this section. The theater owner or licensor

29  may not be held liable in any civil action arising out of

30  measures taken in the course of detaining the person while

31  awaiting the arrival of a law enforcement officer, unless the

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    Florida Senate - 2004                                  SB 1928
    25-1142-04




 1  plaintiff can show by clear and convincing evidence that the

 2  measures were manifestly unreasonable or the period of

 3  detention was unreasonably long.

 4         (4)  LAW ENFORCEMENT OFFICIALS.--This section does not

 5  prevent an employee or agent of an investigative agency, law

 6  enforcement agency, protective services agency, or

 7  intelligence-gathering agency from operating an audiovisual

 8  recording device in a motion picture theater where a motion

 9  picture is being exhibited as part of a lawfully authorized

10  investigative, protective, law enforcement, or

11  intelligence-gathering activity.

12         (5)  RETAIL ESTABLISHMENTS.--This section does not

13  apply to a person who operates the audiovisual recording

14  function of a device in a retail establishment solely to

15  demonstrate the use of that device for sales purposes.

16         (6)  LIMITATION.--This section does not prevent the

17  prosecution of a violation of this section under any other law

18  that provides more severe penalties.

19         Section 2.  This act shall take effect July 1, 2004.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Provides that a person who knowingly operates the
      audiovisual recording function of any device in a motion
24    picture theater without the express written consent of
      the theater owner and of the licensor of the motion
25    picture being exhibited commits a felony of the third
      degree. Authorizes the imposition of criminal fines.
26    Grants immunity to the theater owner or the licensor for
      detaining a person whom the theater owner or licensor
27    believes violated the act. Provides an exception to the
      immunity. Provides that certain law enforcement employees
28    or agents may operate an audiovisual recording device as
      part of a lawfully authorized activity. Directs that the
29    act does not apply to a person operating an audiovisual
      recording function of a device in a retail establishment
30    when demonstrating the use of the device for sales
      purposes.
31  

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