Senate Bill sb1928er

    ENROLLED

    2004 Legislature                 CS for SB 1928, 1st Engrossed



  1                                 

  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 with the intent of recording a

  8         motion picture under certain circumstances

  9         commits a criminal offense; providing criminal

10         penalties; providing for the imposition of

11         criminal fines; requiring theater owners to

12         display certain signs under specified

13         conditions; specifying that failure to display

14         the signs does not create liability for the

15         theater owners; authorizing the theater owner

16         to detain a person in violation of the act;

17         providing immunity to the theater owner for

18         detaining a person in violation of the act

19         while awaiting the arrival of a law enforcement

20         officer; providing an exception to the

21         immunity; providing that an employee or agent

22         of certain law enforcement, protective

23         services, or investigative agencies may operate

24         an audiovisual recording device as part of a

25         lawfully authorized activity; providing an

26         effective date.

27  

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

29  

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

31  motion picture theater.--


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




    ENROLLED

    2004 Legislature                 CS for SB 1928, 1st Engrossed



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

 2         (a)  "Audiovisual recording function" means the

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

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

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

 6  technology now known or later developed.

 7         (b)  "Motion picture theater" means a movie theater,

 8  screening room, or other venue when used primarily for the

 9  exhibition of a motion picture.

10         (c)  "Theater owner" means the owner, operator, or

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

12  agent of the theater owner.

13         (2)  PROHIBITED ACTS.--It is unlawful for a person to

14  knowingly operate the audiovisual recording function of any

15  device in a motion picture theater, in which a motion picture

16  is being exhibited, with the intent of recording the motion

17  picture, if the person knows or should have known that he or

18  she was recording the motion picture without the consent of

19  the theater owner. A person who violates this subsection

20  commits a misdemeanor of the first degree, punishable as

21  provided in section 775.082, Florida Statutes, or section

22  775.083, Florida Statutes. A second or subsequent violation is

23  a felony of the third degree, punishable as provided in

24  section 775.082, Florida Statutes, or by a fine of up to

25  $25,000, or both.

26         (3)  REQUIRED SIGNAGE.--A theater owner prohibiting

27  motion pictures from being recorded in a motion picture

28  theater must display a sign giving notice that recording a

29  motion picture without the consent of the theater owner is a

30  criminal violation. The sign must be displayed in a manner

31  that is clearly legible and conspicuous from the entrance of


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




    ENROLLED

    2004 Legislature                 CS for SB 1928, 1st Engrossed



 1  the motion picture theater. This section does not create any

 2  liability for a theater owner failing to display a sign

 3  required under this subsection.

 4         (4)  IMMUNITY.--A theater owner may detain, in a

 5  reasonable manner and for a reasonable period, any person whom

 6  the owner has probable cause to believe has violated or is

 7  violating this section. A law enforcement officer shall be

 8  called to the scene immediately after the person is detained.

 9  The theater owner may not be held liable in any civil or

10  criminal action arising out of measures taken in the course of

11  detaining the person while awaiting the arrival of a law

12  enforcement officer, unless the plaintiff can show by clear

13  and convincing evidence that the measures were manifestly

14  unreasonable or the period of detention was unreasonably long.

15         (5)  LAW ENFORCEMENT OFFICIALS.--This section does not

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

17  enforcement agency, protective services agency, or

18  intelligence-gathering agency from operating an audiovisual

19  recording device in a motion picture theater where a motion

20  picture is being exhibited as part of a lawfully authorized

21  investigative, protective, law enforcement, or

22  intelligence-gathering activity.

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

24  prosecution of an offense under any other law.

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

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