Bill Amendment: FL S0298 | 2014 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Arrest Booking Photographs
Status: 2014-05-02 - Died on Calendar [S0298 Detail]
Download: Florida-2014-S0298-Senate_Committee_Amendment_179128.html
Bill Title: Arrest Booking Photographs
Status: 2014-05-02 - Died on Calendar [S0298 Detail]
Download: Florida-2014-S0298-Senate_Committee_Amendment_179128.html
Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 298 Ì179128=Î179128 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.