Recently other states have addressed the problem in a variety of different ways to remove mugshots online after sealing or expunging a criminal / arrest record. Some states have passed laws that say public records cannot be used for commercial purposes.
Florida law does not impose civil or criminal penalties on entities that publish mugshots of individuals. Florida Statute Section 540.08, prohibits a person from publishing, printing, displaying or publicly using for purposes of trade or for any commercial or advertising the name, portrait, photograph, or other likeness of any natural person without either express, written or oral consent.
The victim may bring an action to enjoin the unauthorized use, and to recover damages for any loss or injury. Although a person may bring a civil suit alleging invasion of privacy, this cause of action would generally not apply in cases where the publication at issue was a public record. I represent clients who need to seal a criminal record or expunge a criminal record in the following zip code: 32131, 32139, 32140, 32147, 32148, 32157, 32177, 32181, 32187, 32189, 32193, 32666, 32110, 32136, 32137, 32164 and 32112.