F

HB 677

2013

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 1. read: 836.12

A bill to be entitled An act relating to websites containing information concerning persons charged with crimes; creating s. 836.12, F.S.; requiring that the operators of websites containing personal information of persons charged with crimes remove a person's name and personal information within a specified period after notice that the person is acquitted or the charges are dropped or otherwise resolved without conviction; providing a civil penalty; providing for a presumption of defamation; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 836.12, Florida Statutes, is created to

Websites containing information concerning persons

charged with crimes.The operator of a website that contains the name and personal information, including any photograph or digital image, of a person charged with a crime shall, within 15 days after written notification from the person or the person's designee, remove the person's name and personal information if the person is acquitted or the charges are dropped or otherwise resolved without a conviction. The removal must be without charge to the person. Failure of the website operator to remove the person's name or personal information shall result in a civil penalty of $100 per instance per week and, after 45 days, creates a presumption of defamation of character of the person. Page 1 of 2 CODING: Words stricken are deletions; words underlined are additions. hb0677-00

HB 677

2013

29

Section 2.

This act shall take effect October 1, 2013.

Page 2 of 2 CODING: Words stricken are deletions; words underlined are additions. hb0677-00