Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 298
       
       
       
       
       
       
                                Ì179128=Î179128                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/03/2014           .                                
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       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 119.17, Florida Statutes, is created to
    6  read:
    7         119.17 Arrest booking photographs.—
    8         (1) As used in this section, the term:
    9         (a) “Arrestee” means an individual who has been arrested
   10  for a violation of law in this state.
   11         (b) “Arrest booking photograph” means a photograph of an
   12  arrestee taken for the purpose of recording the arrestee’s image
   13  as part of the arrest and booking process.
   14         (c) “Fee or other consideration” does not include a fee or
   15  consideration, including attorney fees and costs, solicited or
   16  accepted in connection with the actual or attempted settlement
   17  or compromise of a lawsuit, threatened lawsuit, arbitration
   18  claim, threatened arbitration claim, or other judicial or quasi
   19  judicial proceeding.
   20         (2) A person engaged in publishing or otherwise
   21  disseminating arrest booking photographs through a publicly
   22  accessible print or electronic medium may not solicit or accept
   23  a fee or other consideration to remove, correct, or modify an
   24  arrest booking photograph of an arrestee.
   25         (3) If a person engaged in publishing or otherwise
   26  disseminating arrest booking photographs through a publicly
   27  accessible print or electronic medium solicits or accepts a fee
   28  or other consideration to remove, correct, or modify an arrest
   29  booking photograph in violation of subsection (2), the arrestee
   30  who is the subject of the arrest booking photograph may bring an
   31  action to enjoin the publication or other dissemination of the
   32  arrest booking photograph.
   33         (a) If the court enjoins the publication or other
   34  dissemination of the arrest booking photograph, the court shall
   35  specify in its order that the arrest booking photograph must be
   36  removed from publication or other dissemination not later than
   37  14 days after the date the order is entered. The court shall
   38  impose a civil penalty of $1,000 per day for each day of
   39  noncompliance with the order.
   40         (b) If the court enjoins publication or other dissemination
   41  of an arrestee’s arrest booking photograph, the arrestee is
   42  entitled to reasonable attorney fees and costs relating to
   43  issuance of the injunction and to any appeal of the order
   44  issuing the injunction in which the arrestee is the prevailing
   45  party.
   46         (c) If, subsequent to the 14-day period for removal
   47  pursuant to paragraph (a), the person subject to the injunction
   48  demonstrates to the court that he or she is in compliance with
   49  this section, the court shall terminate the injunction.
   50         (4) This section does not apply to any state, regional,
   51  county, local, or municipal governmental entity of this state,
   52  whether executive, judicial, or legislative, or any department,
   53  division, bureau, commission, authority, or political
   54  subdivision of this state.
   55         Section 2. This act shall take effect October 1, 2014.
   56  
   57  ================= T I T L E  A M E N D M E N T ================
   58  And the title is amended as follows:
   59         Delete everything before the enacting clause
   60  and insert:
   61                        A bill to be entitled                      
   62         An act relating to arrest booking photographs;
   63         creating s. 119.17, F.S.; defining terms; prohibiting
   64         a person who publishes or disseminates an arrest
   65         booking photograph through a publicly accessible print
   66         or electronic medium from soliciting or accepting
   67         payment of a fee or other consideration to remove,
   68         correct, or modify such photograph; authorizing an
   69         action to enjoin publication or dissemination of an
   70         arrest booking photograph if the publisher or
   71         disseminator unlawfully solicits or accepts a fee or
   72         other consideration to remove, correct, or modify such
   73         photograph; specifying the time period during which an
   74         arrest booking photograph must be removed pursuant to
   75         court order; providing a civil penalty; providing for
   76         reasonable attorney fees and costs; requiring the
   77         court to terminate an injunction under certain
   78         circumstances; providing applicability; providing an
   79         effective date.