Updated: Rep. Dane Eagle among 41 booked in jail on Monday: Guess whose mug shot was last to be public?
UPDATED at 4:39 p.m. with Rep. Eagle's booking mug.
Here's a list of the 41 booked into Leon County Jail on Monday after getting arrested.
Thirty are men, 11 are women. Fifteen are white or Hispanic. The rest are African-Americans.
But only one doesn't have their photo published on the Leon County jail site for all the world to see.
That would be the one person who is a public lawmaker: Rep. Dane Eagle, R-Cape Coral. Eagle was arrested for a DUI early Monday morning.
Instead of a photo is somewhat of an explanation. "Image exempt per Florida Statute 119.07(4)(d).
According to that exemption, the photo isn't public record because it "was prepared by an agency attorney (including an attorney employed or retained by the agency or employed or retained by another public officer or agency to protect or represent the interests of the agency having custody of the record) or prepared at the attorney's express direction, that reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the agency, and that was prepared exclusively for civil or criminal litigation or for the adversarial administrative proceedings, or that was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings, is exempt..."
Karen Bodiford, the records manager for the Leon County Sheriff's Office, said the mug shot wasn't public yet because the legal counsel for the sheriff's office, Alan Griner, was determining if this exemption applied. Bodiford said Eagle's booking photo will be made public if it's determined that it doesn't apply.
Eagle voted for HB 265 this session which would probit the publication of mug shots unless the person arrested is convicted or found guilty of the crime. Eagle is contesting his arrest, saying he doesn't think the arrest report is an accurate portrayal of what happened, and, at the request of legal counsel, can say no more until a more appropriate time.
But it's also instructive to note that Eagle sponsored HB 1435, which requires certain public officers to undergo drug tests. In his Monday arrest, he refused the field sobriety tests and the breath test.