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FL S1046

Bill

Status

Passed

6/23/2021

Primary Sponsor

Commerce and Tourism

Click for details

Origin

Senate

2021 Regular Session

AI Summary

  • Prohibits persons or entities that publish arrest booking photographs from soliciting or accepting fees for removal, and requires removal within 10 calendar days of a written request sent by registered mail at no charge
  • Bans the republishing or redissemination of an arrest booking photograph after a written removal request has been made and the photograph was previously required to be removed
  • Authorizes a civil action for failure to remove a photograph within 10 days, with a civil penalty of $1,000 per day for noncompliance with an injunction; increases the penalty to $5,000 per day if a previously removed photograph is republished or redisseminated
  • Courts must award reasonable attorney fees and court costs, and all recovered civil penalties must be deposited into the General Revenue Fund
  • Expands the law's applicability to cover any person or entity whose primary business model is publishing or disseminating arrest booking photographs for commercial purposes or pecuniary gain, and classifies violations as unfair or deceptive trade practices under Florida law; effective October 1, 2021

Legislative Description

Arrest Booking Photographs

Last Action

Chapter No. 2021-132

6/23/2021

Committee Referrals

Rules3/17/2021
Commerce And Tourism3/3/2021
Criminal Justice2/10/2021

Full Bill Text

No bill text available