Senate Bill sb0730c1

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    Florida Senate - 2002                            CS for SB 730

    By the Committee on Criminal Justice; and Senator Miller





    307-2178-02

  1                      A bill to be entitled

  2         An act relating to video games; creating s.

  3         847.301, F.S.; creating the "Children's

  4         Protection from Violent Video Games Act of

  5         2002"; providing definitions; prohibiting sale

  6         or rental of video games under certain

  7         circumstances; restricting public display of

  8         certain video games; requiring official rating

  9         on specified video games; providing penalties;

10         providing an effective date.

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12         WHEREAS, the Legislature intends to place reasonable

13  restrictions on the sale and use of video games that contain

14  violent or sexual content that is intended for use by adults

15  only, and

16         WHEREAS, to that end, the Legislature finds that the

17  use and observation of video games that contain violent or

18  sexual content can be harmful to minors and that reasonable

19  restrictions will significantly decrease the number of minors

20  using these games, and

21         WHEREAS, nothing in this act shall be deemed to

22  restrict adults' access to these games in restricted areas of

23  businesses or in the privacy of their homes, and

24         WHEREAS, nothing in this act shall be construed to

25  limit the exercise of free speech or picketing by any

26  organization, group, or individual for the purpose of

27  upholding community standards, NOW, THEREFORE,

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29  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 2002                            CS for SB 730
    307-2178-02




  1         Section 1.  This act may be cited as the "Children's

  2  Protection from Violent Video Games Act of 2002."

  3         Section 2.  Section 847.301, Florida Statutes, is

  4  created to read:

  5         847.301  Video games; official rating of video games;

  6  prohibitions; penalties.--

  7         (1)  DEFINITIONS.--As used in this act, the term:

  8         (a)  "Adult" means a person who is not a minor.

  9         (b)  "Minor" means a person under 18 years of age.

10         (c)  "Official rating" means the official rating of the

11  Entertainment Software Rating Board or any other official

12  rating organization.

13         (d)  "Person" means an individual, corporation,

14  partnership, or any other legal or commercial entity.

15         (e)  "Prospective video game observer" means a person

16  who can observe a video game at a place of business where

17  video games are shown, displayed, or exhibited.

18         (f)  "Rated for mature audiences" means any video game

19  that has an official rating of "restricted," "mature," or

20  another similar official designation that indicates that the

21  video game shall be used only by adults. In a case where no

22  rating is available, a designation of "rated for mature

23  audiences" shall be made when a reasonable person can

24  determine that the violent or sexual content of the video game

25  is intended for adult use.

26         (g)  "Video game" means any copy of a video game that

27  is meant for use in a stand-alone arcade or that may be played

28  with a hand-held gaming device using a television or computer.

29         (2)  PROHIBITIONS ON SALE OR RENTAL OF VIDEO GAMES.--

30         (a)  It is unlawful for a person to sell at retail or

31  rent to another, or attempt to sell at retail or rent to

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    Florida Senate - 2002                            CS for SB 730
    307-2178-02




  1  another, a video game in this state unless the official rating

  2  of the video game is clearly displayed on the outside of its

  3  cassette, case, jacket, or other covering. If the video game

  4  has no official rating, the video game shall be clearly and

  5  prominently marked as "not rated."

  6         (b)  It is unlawful for a person to sell at retail or

  7  rent, or attempt to sell at retail or rent, to a minor any

  8  video game rated for mature audiences that is clearly

  9  designated as a video game for mature users only. A person

10  attempting to purchase or rent such a video game shall be

11  required to show an identification card that includes such

12  person's date of birth.

13         (3)  RESTRICTION ON PUBLIC DISPLAY OF VIDEO GAMES FOR

14  MATURE AUDIENCES.--

15         (a)  A person who operates a place of business in which

16  video games rated for mature audiences are available for use

17  shall:

18         1.  Restrict the use of video games rated for mature

19  audiences to adults or a minor accompanied by an adult.

20         2.  Locate video games rated for mature audiences away

21  from the front of the business.

22         3.  Separate video games rated for mature audiences

23  from other types of entertainment by some physical barrier,

24  such as a wall, door, curtain, gate, or rope. In an

25  establishment where it is not possible to place video games

26  rated for mature audiences in a separate room, the video game

27  machines shall be positioned in such a way that they cannot be

28  seen by prospective video game observers who are minors.

29         (b)  A person who operates a place of business in which

30  video games rated for mature audiences are shown, displayed,

31  or exhibited, or the person's agent or employee, may require

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    Florida Senate - 2002                            CS for SB 730
    307-2178-02




  1  proof of age before a game may be used or to determine the age

  2  of a prospective video game observer.

  3         (c)  An official rating is required for all video games

  4  designed for use in a place of business that is patronized by

  5  users and prospective video game observers who are minors.

  6         (4)  A person who violates any provision of this

  7  section commits a misdemeanor of the first degree, punishable

  8  as provided in s. 775.082 or s. 775.083.

  9         Section 3.  This act shall take effect July 1, 2002.

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    Florida Senate - 2002                            CS for SB 730
    307-2178-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 730

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  4  1.    The CS prohibits sale or rental of certain video games
          to persons under the age of 18. The bill prohibited sale
  5        or rental of a certain video games to persons under the
          age of 21.
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    2.    The CS applies to games that are rated for mature
  7        audiences. The bill applied to games that included
          nudity, sexual acts, excessive violence or criminal
  8        conduct and that would be harmful to persons under age
          21.
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    3.    The CS does not require knowledge. The bill required
10        that the sale or rental be made with knowledge that the
          purchaser or renter was a minor.
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    4.    The CS provides that violation constitutes a first
12        degree misdemeanor. The bill provided that violation
          constitutes a third degree felony.
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    5.    The CS requires that the Entertainment Software Rating
14        Board or similar rating be displayed on the outside of a
          video game's cover or case. The bill did not
15        specifically address ratings.

16  6.    The CS provides the following provisions relating to
          businesses where video games rated for mature audiences
17        are available for use. The bill did not address these
          issues.
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         -      Requires businesses to prohibit minors (under age
19              18) from using video games rated for mature
                audiences unless accompanied by an adult.
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         -      Requires placement of video games rated for mature
21              audiences so as to prevent easy access and viewing
                by minors.
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         -      Authorizes businesses to require proof of age
23              before allowing use of video games rated for
                mature audiences.
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         -      Requires an official rating for all video games
25              designed for use in a place of business that is
                patronized by minors.
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