Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for SB 1046
       
       
       
       
       
       
                                Ì358892SÎ358892                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/07/2021 04:51 PM       .                                
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       Senator Bean moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 31 - 48
    4  and insert:
    5  request is seeking to remove. Within 10 calendar days after of
    6  receipt of the written request for removal of the arrest booking
    7  photograph, the person or entity who published or otherwise
    8  disseminated the photograph shall remove the arrest booking
    9  photograph without charge and may not republish or otherwise
   10  redisseminate such photograph.
   11         (3)(a) The person whose arrest booking photograph was
   12  published or otherwise disseminated in the publication or
   13  electronic medium may bring a civil action to enjoin the
   14  continued publication or dissemination of the photograph if the
   15  photograph is not removed within 10 calendar days after receipt
   16  of the written request for removal. The court may impose a civil
   17  penalty of $1,000 per day for noncompliance with an injunction
   18  and shall award reasonable attorney fees and court costs related
   19  to the issuance and enforcement of the injunction. Moneys
   20  recovered for civil penalties under this paragraph section shall
   21  be deposited into the General Revenue Fund.
   22         (b) If a person or an entity was required to remove an
   23  arrest booking photograph under this section and later
   24  republishes or otherwise redisseminates the photograph in the
   25  publication or electronic medium, the person whose photograph is
   26  republished or redisseminated may bring a civil action to enjoin
   27  the continued publication or dissemination of the photograph.
   28  The court may impose a civil penalty of $5,000 per day for
   29  noncompliance with an injunction and shall award reasonable
   30  attorney fees and court costs related to the issuance and
   31  enforcement of the injunction. Moneys recovered for civil
   32  penalties under this paragraph shall be deposited into the
   33  General Revenue Fund.
   34         (4) Refusal to remove an arrest booking photograph after
   35  written request has been made or republishing or otherwise
   36  redisseminating an arrest booking photograph after a written
   37  request to remove such photograph has been made constitutes an
   38  unfair or deceptive
   39  
   40  ================= T I T L E  A M E N D M E N T ================
   41  And the title is amended as follows:
   42         Delete lines 3 - 7
   43  and insert:
   44         amending s. 901.43, F.S.; prohibiting the republishing
   45         or redissemination of certain arrest booking
   46         photographs; authorizing a person whose arrest booking
   47         photograph is republished or redisseminated to bring a
   48         civil action against the person or entity republishing
   49         or redisseminating the photograph if such person or
   50         entity was required to remove it from the publication
   51         or electronic medium; authorizing a court to impose a
   52         specified civil penalty; requiring a court to award
   53         reasonable attorney fees and court costs; requiring
   54         that recovered civil penalties be deposited into the
   55         General Revenue Fund; providing that republishing or
   56         redisseminating an arrest booking photograph under
   57         certain circumstances constitutes an unfair or
   58         deceptive trade practice; making technical changes;
   59         expanding the applicability of provisions relating to
   60         the dissemination of arrest booking photographs to
   61         include a person or an entity whose primary business
   62         model is the publishing or disseminating of such
   63         photographs for a commercial