HB 755 — Arrest Booking Photographs

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 755 2021 A bill to be entitled An act relating to arrest booking photographs;

prohibiting the republishing or redissemination of certain arrest booking photographs;

authorizing a person whose arrest booking photograph is republished or redisseminated to bring a civil action against a person or entity republishing or redisseminating the photograph if the person or entity was required to remove it from the publication or electronic medium;

authorizing a court to impose a specified civil penalty;

requiring a court to award reasonable attorney fees and court costs;

requiring that recovered civil penalties be deposited into the General Revenue Fund;

providing that republishing or redisseminating an arrest booking photograph under certain circumstances constitutes an unfair or deceptive trade practice;

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hb0755-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 755 2021 Section 1.

ThePage written1 request for removal of the3 arrestCODING: booking photograph must be sent by registered mail and include sufficient proof of identification of the person whose arrest booking photograph was published or otherwise disseminated and specific information identifying the arrest booking photograph that the written request is seeking to remove.

Within 10 calendar days after of receipt of the written request for removal of the arrest booking photograph, the person or entity who published or otherwise disseminated the photograph shall remove the arrest booking photograph without charge and may not republish or otherwise redisseminate such photograph.

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hb0755-02-c2hb0755-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 755 2021 (3)(a) The personwritten whoserequest arrestfor bookingremoval photographof wasthe publishedarrest orbooking otherwisephotograph disseminatedmust inbe thesent publicationby orregistered electronicmail mediumand mayinclude bringsufficient aproof civilof actionidentification toof enjoin the continuedperson publicationwhose orarrest disseminationbooking of the photograph ifwas thepublished photographor isotherwise notdisseminated removedand withinspecific 10information calendaridentifying daysthe afterarrest receiptbooking ofphotograph that the written request foris removal.seeking to remove.

Within 10 days of receipt of the written request for removal of the arrest booking photograph, the person or entity who published or otherwise disseminated the photograph shall remove the arrest booking photograph without charge.

(3) The person whose arrest booking photograph was published or otherwise disseminated in the publication or electronic medium may bring a civil action to enjoin the continued publication or dissemination of the photograph if the photograph is not removed within 10 calendar days after receipt of the written request for removal.

Moneys recovered for civil penalties under this paragraph section shall be deposited into the General Revenue Fund.

(b)(4) IfRefusal a person or entity was required to remove an arrest booking photograph underafter thiswritten sectionrequest andhas laterbeen republishesmade orconstitutes otherwisean redisseminatesunfair the photograph in the publication or electronicdeceptive medium,trade thepractice personin whoseaccordance photographwith ispart republishedII or redisseminated may bring a civil action to enjoin the continued publication or dissemination of thechapter photograph.501.

The(5) courtThis maysection imposedoes anot civilapply penaltyto ofany $5,000person peror dayentity forPage noncompliance2 with an injunction and shall award reasonable attorney fees and court costs related to the issuance and enforcement of the3 injunction.CODING:

Moneys recovered for civil penalties under this paragraph shall be deposited into the General Revenue Fund.

(4) Refusal to remove an arrest booking photograph after written request has been made or republishing or otherwise redisseminating an arrest booking photograph after a written Page 3 of 4 CODING:

hb0755-02-c2hb0755-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 755 2021 requestthat topublishes remove such photograph has been made constitutes an unfair or deceptivedisseminates tradeinformation practicerelating into accordancearrest withbooking partphotographs IIunless: of chapter 501.

(5) This section does not apply to any person or entity that publishes or disseminates information relating to arrest booking photographs unless:

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