Florida Senate - 2014                                     SB 298
       
       
        
       By Senator Soto
       
       
       
       
       
       14-00415-14                                            2014298__
    1                        A bill to be entitled                      
    2         An act relating to booking photographs; creating s.
    3         836.12, F.S.; providing definitions; prohibiting an
    4         individual or business entity from soliciting,
    5         charging, or collecting compensation for the removal
    6         of a booking photograph or other information related
    7         to a criminal charge or conviction from the Internet
    8         or other public medium; requiring an individual or
    9         business entity that publishes booking photographs or
   10         criminal record information on an Internet website or
   11         other public medium to provide certain contact
   12         information; providing for a civil action; providing
   13         for the award of actual damages and attorney fees;
   14         providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 836.12, Florida Statutes, is created to
   19  read:
   20         836.12 Removal of booking photographs from the Internet.—
   21         (1) As used in this section, the term:
   22         (a) “Booking photograph” means a photograph of an
   23  individual which was taken by an arresting law enforcement
   24  agency.
   25         (b) “Criminal record information” means information about
   26  an individual’s involvement in the criminal justice system. The
   27  term includes, but is not limited to:
   28         1. A description or notation of any arrests, any formal
   29  charges, and the final disposition of those charges.
   30         2. Personal identifying information of an individual
   31  displayed in conjunction with any other record of his or her
   32  involvement in the criminal justice system.
   33         (2) It is unlawful to solicit, charge, or collect
   34  compensation for the removal of a booking photograph or criminal
   35  record information from an Internet website or other public
   36  medium.
   37         (3) An individual or business entity that publishes booking
   38  photographs or criminal record information on an Internet
   39  website or other public medium shall clearly and conspicuously
   40  publish an e-mail address, fax number, or mailing address to
   41  which an individual may submit a request that his or her
   42  photograph or information be removed from the Internet website
   43  or other public medium.
   44         (4) An individual who has been the subject of solicitation,
   45  charge, or collection of compensation for the removal of his or
   46  her booking photograph or other information related to his or
   47  her criminal charge or conviction from the Internet or other
   48  public medium may file a civil action for actual damages and
   49  attorney fees against an individual or business entity that
   50  violates this section.
   51         Section 2. This act shall take effect October 1, 2014.