Law / United States / 
Florida
Arrest booking photographs: no fee for removal, and removal within 10 days of a written request
In force since .
A data subject rights rule binding private bodies.
- Obligation class
- Data subject rights, Prohibition
- Audit expectation
- none
As of .
What it requires
- If you publish or otherwise disseminate arrest booking photographs of previously arrested persons as a business, do not solicit or accept a fee or other form of payment to remove a photograph (Florida Statutes Section 901.43(1)).
- Within 10 calendar days after you receive a written removal request, sent by registered mail to your registered agent with sufficient proof of identification and specific information identifying the photograph, remove the photograph without charge and do not republish or redisseminate it (Section 901.43(2)).
These lines are LexLint's reading of the law's text, as of .
What it makes you log
Logging duty
Section 901.43 requires a publisher of arrest booking photographs to remove a photograph on a written request and bars a fee for removal. A removal request is not a log, and the section names no duty to keep a log or a record of requests and gives no body a power to inspect one.
- Kind
- None
- As of
What this law does
A person or entity engaged in the business of publishing or otherwise disseminating arrest booking photographs of persons who have previously been arrested may not solicit or accept a fee or other form of payment to remove the photographs. Within 10 calendar days after receiving a written removal request sent by registered mail to its registered agent, the publisher must remove the photograph without charge and may not republish it.
A person whose photograph is not removed may bring a civil action to enjoin the continued publication, and the court may impose a civil penalty of $1,000 per day for noncompliance with an injunction and shall award reasonable attorney fees and court costs. A refusal to remove a photograph after a written request, or a republication after a request, is an unfair or deceptive trade practice under part II of chapter 501.
When LexLint raises it
When your app profile says your app reuses other publishers' content.