Florida Mugshot Removal Law and Free Removal Requests

I. Question Presented

What does Florida law say about removing a mugshot or arrest booking photograph from a privately operated website, what must a formal removal request contain, and how can a person ask BookingBrief to remove a photograph without paying a fee?

II. Short Answer

Florida Statute § 901.43 prohibits a person or entity engaged in the business of publishing arrest booking photographs from soliciting or accepting payment to remove them. A pictured person—or that person’s legal representative—may send a qualifying written request to the publisher’s registered agent. The statute says the request must be sent by registered mail, include sufficient proof of identity, and specifically identify the photograph. After receiving a compliant request, a covered publisher must remove the photograph without charge within 10 calendar days and may not republish or redisseminate it.

III. Formal Removal Procedure

The official statutory procedure has three express requirements. Missing one may affect whether a request starts the statute’s 10-calendar-day period.

1. Send a written request by registered mail.

   Address the request to the registered agent of the person or entity that published or disseminated the arrest booking photograph.

2. Include sufficient proof of identity.

   Provide enough information to confirm that the requester is the person pictured or that person’s legal representative. Limit the material to what is reasonably necessary and redact unrelated sensitive information when appropriate.

3. Identify the exact photograph.

   Include the specific page URL, booking ID, or equivalent information that allows the publisher to locate the photograph without guessing.

Within 10 calendar days after receiving a compliant request, the statute directs a covered publisher to remove the photograph without charge and not republish or otherwise redisseminate it.

Read Florida Statute § 901.43 on the official Florida Senate website →

If you are unsure how these requirements apply to a particular publisher or set of facts, consider consulting a licensed Florida attorney. BookingBrief does not provide legal advice or recommend a particular lawyer.

IV. Enforcement

If a covered publisher does not remove the photograph within 10 calendar days after receiving a qualifying request, the pictured person may bring a civil action seeking an injunction against continued publication or dissemination.

The statute also says that refusing to remove an arrest booking photograph after a written request, or republishing it after such a request, constitutes an unfair or deceptive trade practice under part II of chapter 501.

Important: the statute ties the stated daily civil penalties to noncompliance with a court injunction. It does not say those daily penalties automatically begin on the eleventh day after the publisher receives a request.

V. Scope and Limitations

Section 901.43 does not apply identically to every person or organization that publishes information relating to booking photographs. Under subsection (5), the section does not apply unless the publisher solicits or accepts payment to remove photographs, or the publisher’s primary business model is publishing and disseminating booking photographs for a commercial purpose or pecuniary gain.

The statute’s written-request language does not condition the process on whether the underlying case ended in a dismissal, acquittal, sealing, expungement, or conviction. But the law’s applicability can still depend on facts about the publisher, its business model, the publication, and the request itself.

This page provides general public information, not legal advice. It does not create an attorney-client relationship or predict how a court would apply the statute to a particular dispute.

VI. Frequently Asked Questions