Florida Senate - 2021                                     SB 444
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00081-21                                            2021444__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing an exemption from public
    4         records requirements for arrest booking photographs;
    5         providing for the release of arrest booking
    6         photographs under specified circumstances; providing
    7         for future legislative review and repeal of the
    8         exemption; providing a statement of public necessity;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (q) is added to subsection (2) of
   14  section 119.071, Florida Statutes, to read:
   15         119.071 General exemptions from inspection or copying of
   16  public records.—
   17         (2) AGENCY INVESTIGATIONS.—
   18         (q)1. The arrest booking photograph of a person is
   19  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   20  of the State Constitution.
   21         2. A criminal justice agency may disclose an arrest booking
   22  photograph if there is an immediate threat to the public, if
   23  there is a need to alert victims or witnesses to come forward to
   24  aid in an investigation, or if disclosure serves a specific law
   25  enforcement purpose.
   26         3. This paragraph is subject to the Open Government Sunset
   27  Review Act in accordance with s. 119.15 and shall stand repealed
   28  on October 2, 2026, unless reviewed and saved from repeal
   29  through reenactment by the Legislature.
   30         Section 2. The Legislature finds that it is a public
   31  necessity that arrest booking photographs be made confidential
   32  and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   33  Article I of the State Constitution. An arrest booking
   34  photograph that is used or published on the Internet can remain
   35  online in perpetuity, causing persistent and permanent damage to
   36  the person even if the charge against him or her subsequently is
   37  dropped, the person is ultimately found not guilty by a judge or
   38  jury, or his or her arrest record is subsequently sealed or
   39  expunged. In the absence of the special circumstances specified
   40  in this act, the potential for lasting harm from use or
   41  publication of an arrest booking photograph online far outweighs
   42  any immediate public benefit of viewing the arrest booking
   43  photograph of a person who poses no immediate danger to the
   44  public. For these reasons, the Legislature finds that it is a
   45  public necessity that arrest booking photographs be confidential
   46  and exempt from public records requirements except in the
   47  limited circumstances specified in this act.
   48         Section 3. This act shall take effect July 1, 2021.