Title: Arrest Booking Photographs

Summary: Prohibiting a criminal justice agency from electronically publishing arrest booking photographs of certain arrestees, etc.

Full Text:
An act relating to arrest booking photographs; amending s. 951.23, F.S.; defining terms; prohibiting a criminal justice agency from electronically publishing arrest booking photographs of certain arrestees; providing exceptions; providing construction; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (12) is added to section 951.23, Florida Statutes, to read: 951.23 County and municipal detention facilities; definitions; administration; standards and requirements.  (12)   ARREST BOOKING PHOTOGRAPHS.  (a)   As used in this subsection, the term: 1.    Arrest booking photograph  means a photograph of an arrestee taken for the purpose of recording the arrestee s image as part of the arrest and booking process. 2.    Criminal justice agency  has the same meaning as provided in s. 943.045 and includes a county detention facility and a municipal detention facility as those terms are defined in subsection (1). (b)   A criminal justice agency may not electronically publish an arrest booking photograph of an arrestee who is charged with, but not yet convicted of, a criminal offense. (c)   Paragraph (b) does not apply to the electronic publication of arrest booking photographs: 1.   To governmental entities. 2.   To third parties that provide electronic criminal justice services to criminal justice agencies. 3.   To any entity if the sheriff or police chief, or a designee thereof, decides publication of an arrest booking photograph is necessary to protect public safety. (d)   This subsection does not restrict public access to records as provided in s. 119.07. Section 2. This act shall take effect October 1, 2017.