Florida 2021 Regular Session Status: Enacted

SB 1046 — Arrest Booking Photographs

Last action — Chapter No. 2021-132

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 03, 2021. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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 the person or entity republishing or redisseminating the photograph if such 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, etc.

Bill Text

What changed in the latest version

60 added · 88 removed

60 line(s) added, 88 removed.

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Latest
CS for SB 1046 First Engrossed 20211046e1 A bill to be entitled An act relating to arrest booking photographs;
Florida Senate - 2021 CS for SB 1046 By the Committee on Commerce and Tourism;
and Senators Bean, Baxley, and Bradley 577-02866-21 20211046c1 A bill to be entitled An act relating to arrest booking photographs;
prohibiting the republishing or redissemination of certain arrest booking photographs;
expanding the applicability of provisions relating to the dissemination of arrest booking photographs to include a person or an entity whose primary business model is the publication or dissemination of such photographs for a commercial purpose or pecuniary gain;
authorizing a person whose arrest booking photograph is republished or redisseminated to bring a civil action against the person or entity republishing or redisseminating the photograph if such 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;
making technical changes;
expanding the applicability of provisions relating to the dissemination of arrest booking photographs to include a person or an entity whose primary business model is the publishing or disseminating of such photographs for a commercial purpose or pecuniary gain;
25 Be It Enacted by the Legislature of the State of Florida:
11 Be It Enacted by the Legislature of the State of Florida:
27 Section 1. Section 901.43, Florida Statutes, is amended to read:
13 Section 1. Section 901.43, Florida Statutes, is amended to read:
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.
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)(a) 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.
(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.
Moneys recovered for civil penalties under this section shall be deposited into the General Revenue Fund.
(b) If a person or an entity was required to remove an arrest booking photograph under this section and later republishes or otherwise redisseminates the photograph in the publication or electronic medium, the person whose photograph is republished or redisseminated may bring a civil action to enjoin the continued publication or dissemination of the photograph.
(4) Refusal to remove an arrest booking photograph after written request has been made constitutes an unfair or deceptive trade practice in accordance with part II of chapter 501.
The court may impose a civil penalty of $5,000 per day for noncompliance with an injunction and shall award reasonable attorney fees and court costs related to the issuance and enforcement of the injunction.
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 request to remove such photograph has been made constitutes an unfair or deceptive trade practice in accordance with part II of chapter 501.
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Action History

  1. Chapter No. 2021-132

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered enrolled

  5. Message sent to senate

  6. CS passed; YEAS 118, NAYS 0

  7. Read 3rd time

  8. Added to Third Reading Calendar

  9. Placed on 3rd reading

  10. Read 2nd time

  11. Substituted for CS/CS/HB 755

  12. 1st Reading (Engrossed 1)

  13. Bill added to Special Order Calendar (4/13/2021)

  14. Bill referred to House Calendar

  15. In Messages

  16. Immediately certified

  17. CS passed as amended; YEAS 40 NAYS 0

  18. Read 3rd time

  19. Amendment(s) adopted (358892)

  20. Read 2nd time

  21. Placed on Special Order Calendar, 04/07/21

  22. Placed on Calendar, on 2nd reading

  23. Favorable by- Rules; YEAS 17 NAYS 0

  24. On Committee agenda-- Rules, 03/25/21, 9:00 am, 412 Knott Building

  25. CS by Commerce and Tourism read 1st time

  26. Now in Rules

  27. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  28. CS by Commerce and Tourism; YEAS 11 NAYS 0

  29. On Committee agenda-- Commerce and Tourism, 03/15/21, 3:30 pm, 110 Senate Building

  30. Now in Commerce and Tourism

  31. Favorable by Criminal Justice; YEAS 8 NAYS 0

  32. Introduced

  33. On Committee agenda-- Criminal Justice, 03/02/21, 4:00 pm, 110 Senate Building

  34. Referred to Criminal Justice; Commerce and Tourism; Rules

  35. Filed

Sponsors

  • Bean · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Bean

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage, Third Reading

Passed 118 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 54000
Republican 44002
Democrat 20000
Total 118002
% of votes cast 98%0%0%2%
How each member voted (120)
Member Party Vote
Alexander — Yea
Aloupis — Yea
Geller — Yea
Altman — Yea
Goff-Marcil — Yea
Renner — Yea
Grant — Yea
Roach — Yea
Bell — Yea
Grieco — Yea
Beltran — Yea
Hage — Yea
Benjamin — Yea
Harding — Yea
Hardy — Yea
Rommel — Yea
Roth — Yea
Hawkins — Yea
Sabatini — Yea
Brown — Yea
Ingoglia — Yea
Silvers — Yea
Jenne — Yea
Bush — Yea
Byrd — Yea
Killebrew — Yea
Slosberg — Yea
Caruso — Yea
Casello — Yea
Latvala — Yea
Learned — Yea
Sprowls — Yea
Clemons — Yea
Stevenson — Yea
Diamond — Yea
Mariano — Yea
Toledo — Yea
Tomkow — Yea
Drake — Yea
DuBose — Yea
McCurdy — Yea
Duran — Yea
Willhite — Yea
Morales — Yea
Williams — Yea
Fernandez-Barquin — Yea
Williamson — Yea
Fetterhoff — Yea
Omphroy — Yea
Fine — Yea
Fischer — Yea
Payne — Yea
Zika — Yea
Thompson, Geraldine F. "Geri" — Yea
Arrington, Kristen Aston Democrat Yea
Bartleman, Robin Democrat Yea
Chambliss, Kevin D. Democrat Yea
Daley, Dan Democrat Yea
Davis, Tracie Democrat Yea
Driskell, Fentrice Democrat Yea
Eskamani, Dr. Anna V. Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Hunschofsky, Christine Democrat Yea
Joseph, Dotie Democrat Yea
Nixon, Angela "Angie" Democrat Yea
Rayner, Michele K. Democrat Yea
Robinson, Felicia Simone Democrat Yea
Skidmore, Kelly Democrat Yea
Smith, Carlos Guillermo Democrat Yea
Tant, Allison Democrat Yea
Woodson, Marie Paule Democrat Yea
Andrade, Robert Alexander "Alex" Republican Yea
Barnaby, Webster Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Not Voting
Burton, Colleen Republican Yea
Busatta, Demi Republican Yea
Chaney, Linda Republican Yea
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Fabricio, Tom Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Grall, Erin Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Yea
Melo, Lauren Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Not Voting
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Rodriguez, Ana Maria Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Trabulsy, Dana Republican Yea
Truenow, Keith L. Republican Yea
Trumbull, Jay Republican Yea
Tuck, Kaylee Republican Yea
Vacant Republican Yea
Valdés, Susan L. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Third Reading

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 13000
Unaffiliated 22000
Democrat 4000
No Party Affiliation 1000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Diaz — Yea
Ausley — Yea
Farmer — Yea
Powell — Yea
Baxley — Yea
Gainer — Yea
Rodrigues — Yea
Bean — Yea
Gibson — Yea
Book — Yea
Stargel — Yea
Stewart — Yea
Bracy — Yea
Taddeo — Yea
Hutson — Yea
Thurston — Yea
Brandes — Yea
Torres — Yea
Broxson — Yea
Simpson — Yea
Perry — Yea
Cruz — Yea
Berman, Lori Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Garcia, Ileana Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Favorable

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 5000
Unaffiliated 12000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Baxley — Yea
Bean — Yea
Book — Yea
Bracy — Yea
Brandes — Yea
Diaz — Yea
Farmer — Yea
Gibson — Yea
Hutson — Yea
Powell — Yea
Stargel — Yea
Thurston — Yea
Albritton, Ben Republican Yea
Garcia, Ileana Republican Yea
Gruters, Joe Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea

Official roll call →

Favorable with Committee Substitute

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 5000
Unaffiliated 5000
No Party Affiliation 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Diaz — Yea
Hutson — Yea
Powell — Yea
Taddeo — Yea
Torres — Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Burgess, Danny Republican Yea
Garcia, Ileana Republican Yea
Gruters, Joe Republican Yea
Hooper, Ed Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Favorable

Passed 8 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Republican 1000
No Party Affiliation 1000
Total 8000
% of votes cast 100%0%0%0%
How each member voted (8)
Member Party Vote
Baxley — Yea
Gainer — Yea
Perry — Yea
Powell — Yea
Taddeo — Yea
Brandes — Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Boyd, Jim Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1046 do?
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 the person or entity republishing or redisseminating the photograph if such 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, etc.
Who sponsors SB 1046?
SB 1046 is sponsored by Bean.
What is the current status of SB 1046?
This bill has been enacted into law. Introduced February 03, 2021. Enacted.
Where can I track SB 1046?
Track SB 1046 free on One Click Politics — get push/email alerts when it moves.

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