The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 540
COMMERCIAL DISCRIMINATION

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F.S. 540.12

540.12 Unlawful use of a recording device in a motion picture theater.—

(1) DEFINITIONS.—As used in this section, the term:

(a) “Audiovisual recording function” means the capability of a camera, an audio or video recorder, or any other device to record, transfer sounds or images, or transmit a motion picture or any part thereof by means of any technology now known or later developed.

(b) “Motion picture theater” means a movie theater, screening room, or other venue when used primarily for the exhibition of a motion picture.

(c) “Theater owner” means the owner, operator, or lessee of a motion picture theater and includes an employee or agent of the theater owner.

(2) PROHIBITED ACTS.—It is unlawful for a person to knowingly operate the audiovisual recording function of any device in a motion picture theater, in which a motion picture is being exhibited, with the intent of recording the motion picture, if the person knows or should have known that he or she was recording the motion picture without the consent of the theater owner. A person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A second or subsequent violation is a felony of the third degree, punishable as provided in s. 775.082 or by a fine of up to $25,000, or both.

(3) REQUIRED SIGNAGE.—A theater owner prohibiting motion pictures from being recorded in a motion picture theater must display a sign giving notice that recording a motion picture without the consent of the theater owner is a criminal violation. The sign must be displayed in a manner that is clearly legible and conspicuous from the entrance of the motion picture theater. This section does not create any liability for a theater owner failing to display a sign required under this subsection.

(4) IMMUNITY.—A theater owner may detain, in a reasonable manner and for a reasonable period, any person whom the owner has probable cause to believe has violated or is violating this section. A law enforcement officer shall be called to the scene immediately after the person is detained. The theater owner may not be held liable in any civil or criminal action arising out of measures taken in the course of detaining the person while awaiting the arrival of a law enforcement officer, unless the plaintiff can show by clear and convincing evidence that the measures were manifestly unreasonable or the period of detention was unreasonably long.

(5) LAW ENFORCEMENT OFFICIALS.—This section does not prevent an employee or agent of an investigative agency, law enforcement agency, protective services agency, or intelligence-gathering agency from operating an audiovisual recording device in a motion picture theater where a motion picture is being exhibited as part of a lawfully authorized investigative, protective, law enforcement, or intelligence-gathering activity.

(6) LIMITATION.—This section does not prevent the prosecution of an offense under any other law.

History.—s. 1, ch. 2004-369.

F.S. 540.12 on Google Scholar

F.S. 540.12 on Casetext

Amendments to 540.12

Arrestable Offenses / Crimes under Fla. Stat. 540.12

Level: Degree
Misdemeanor/Felony: First/Second/Third

S540.12 2 - PUBLIC ORDER CRIMES - USE AUDIOVISUAL RECORDER IN MOVIE THEATER - M: F

S540.12 2 - PUBLIC ORDER CRIMES - USE AUDIOVIS RECORDER MOVIE THEATER SUBSQ OFF - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

PINSON, v. U. S. DEPARTMENT OF JUSTICE,, 104 F. Supp. 3d 30 (D.D.C. 2015)

. . . . § 540.12(c); BOP Program Statement at 9. . . . Probation Officers), and State Courts.” 28 C.F.R. § 540.12(c); BOP Program Statement at 10. . Mr. . . .

ROYER, v. FEDERAL BUREAU OF PRISONS,, 934 F. Supp. 2d 92 (D.D.C. 2013)

. . . . §§ 540.12(a), 540.14(b)-(c), 540.40, 540.102. . . . controls to protect individuals, and the security, discipline, and good order of the institution,” id. § 540.12 . . .

JORDAN, v. H. SOSA, ADX A. ADX FCI FCI J. L. USP W. A. FCI, 654 F.3d 1012 (10th Cir. 2011)

. . . . § 540.12(a), which allows wardens to "establish and exercise controls to protect individuals, and the . . . The BOP claims that 28 C.F.R. § 540.12(a) "encompasses [its] discretion to reject photographs featuring . . .

DUSENBERY v. UNITED STATES, 534 U.S. 161 (U.S. 2002)

. . . Brief for United States 29, n. 19 (citing 28 CFR § 540.12(c) (2001) and BOP Program Statement 5800.10.35 . . .

In DUNNING,, 269 B.R. 357 (Bankr. N.D. Ohio 2001)

. . . The time line in the Supp.Res. showed that on April 23, 2001, the debtor deposited $540.12, bringing . . .

BAGGULEY v. BARR,, 893 F. Supp. 967 (D. Kan. 1995)

. . . . §§ 540.12 and 540.14, this general correspondence was opened, inspected for contraband and read. . . . Also in accordance with §§ 540.12 and 540.14, a letter addressed to inmate Powers from Bagguley’s family . . .

UNITED STATES v. KELTON,, 791 F.2d 101 (8th Cir. 1986)

. . . . § 540.12 provides in part that: When correspondence is rejected because of content, the Warden shall . . .

MEADOWS, v. R. HOPKINS, F. C. I., 713 F.2d 206 (6th Cir. 1983)

. . . . § 540.12. . . .

UNITED STATES v. MILLS,, 704 F.2d 1553 (11th Cir. 1983)

. . . . § 540.12 (1982), dealing with notification of rejections of inmate correspondence, states in pertinent . . . testimony, falls within both the “commission of a crime” and “evidence of a crime” provisions of section 540.12 . . .

F. HEIMERLE, v. ATTORNEY GENERAL, UNITED STATES OF AMERICA,, 558 F. Supp. 1292 (S.D.N.Y. 1983)

. . . . “§ 540.12 Notification of rejections. . . . appeal to an official other than the one who originally disapproved the correspondence.” 28 C.F.R. § 540.12 . . .

PENTCO, INC. d b a d b a d b a d b a d b a d b a v. MOODY, T., 474 F. Supp. 1001 (S.D. Ohio 1978)

. . . Sections 540.12-540.16 Upon review, the Court finds no constitutional infirmities in §§ 540.12 through . . .

GERMAIN SCHOOL OF PHOTOGRAPHY, INC. v. THE UNITED STATES, 150 Ct. Cl. 841 (Ct. Cl. 1960)

. . . during contract year (May 1, 1950, to April 30, 1951)_ 6,959.57 Total available for consumption_ 8, 540.12 . . .