| 1 | A bill to be entitled |
| 2 | An act relating to Internet screening in public libraries; |
| 3 | defining terms; requiring public libraries to provide |
| 4 | technology that blocks or filters Internet access to |
| 5 | specified proscribed visual depictions; allowing adults to |
| 6 | request disablement of the technology; providing for the |
| 7 | assessment of a fine in connection with a violation by a |
| 8 | county or municipal library; providing for notice of |
| 9 | enforcement through a civil action; providing for |
| 10 | reasonable costs and attorneys' fees; providing a finding |
| 11 | of important state interest; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Internet screening in public libraries.-- |
| 16 | (1) As used in this section, the term: |
| 17 | (a) "Child pornography" has the same meaning as in s. |
| 18 | 847.001, Florida Statutes. |
| 19 | (b) "Harmful to minors" means any picture, image, graphic |
| 20 | image file, or other visual depiction that: |
| 21 | 1. Taken as a whole and with respect to minors, appeals to |
| 22 | a prurient interest in nudity, sex, or excretion; |
| 23 | 2. Depicts, describes, or represents, in a patently |
| 24 | offensive way with respect to what is suitable for minors, an |
| 25 | actual or simulated sexual act or sexual contact, an actual or |
| 26 | simulated normal or perverted sexual act, or a lewd exhibition |
| 27 | of the genitals; and |
| 28 | 3. Taken as a whole, lacks serious literary, artistic, |
| 29 | political, or scientific value as to minors. |
| 30 | (c) "Minor" means an individual who is younger than 18 |
| 31 | years of age. |
| 32 | (d) "Obscene" has the same meaning as in s. 847.001, |
| 33 | Florida Statutes. |
| 34 | (e) "Public computer" means a computer that is made |
| 35 | available to the public and that has Internet access. |
| 36 | (f) "Technology protection measure" means software or |
| 37 | equivalent technology that blocks or filters Internet access to |
| 38 | the visual depictions that are proscribed under subsection (2). |
| 39 | (2) Each county or municipal public library shall enforce |
| 40 | an Internet safety policy that provides for the: |
| 41 | (a) Installation and operation of a technology protection |
| 42 | measure on all public computers in the library which protects |
| 43 | against access through such computers by adults to visual |
| 44 | depictions that are obscene or child pornography and by minors |
| 45 | to visual depictions that are obscene, child pornography, or |
| 46 | harmful to minors; and |
| 47 | (b) Disablement of the technology protection measure by an |
| 48 | employee of the county or municipal public library upon an |
| 49 | adult's request to use the computer. |
| 50 | (3) Pursuant to a civil action initiated under this |
| 51 | subsection, the court may impose a fine of not more than $100 |
| 52 | per day upon a county or municipal public library for each day |
| 53 | that such library is in violation of this section. The Attorney |
| 54 | General or a citizen of this state may seek enforcement of this |
| 55 | section. The Attorney General or citizen shall first send to the |
| 56 | county or municipal public library by certified mail, return |
| 57 | receipt requested, a notice of intended civil action for |
| 58 | enforcement, which shall specify the facts and circumstances |
| 59 | alleged to constitute a violation of this section. If the county |
| 60 | or municipal library complies or initiates reasonable efforts |
| 61 | towards compliance with the requirements of this section within |
| 62 | 10 days after the receipt of such notice, it shall provide a |
| 63 | written response specifying the manner in which such compliance |
| 64 | has been rendered or initiated to the party who provided the |
| 65 | notice of the intended enforcement action by certified mail, |
| 66 | return receipt requested. If the Attorney General or citizen |
| 67 | does not receive such response within 15 days after the library |
| 68 | has received the notice of intended civil action for |
| 69 | enforcement, or having received such notice, if the Attorney |
| 70 | General or citizen is not satisfied that compliance has been |
| 71 | rendered or that reasonable efforts towards compliance have been |
| 72 | initiated, the Attorney General or citizen may bring a civil |
| 73 | cause of action in the circuit court of the county in which the |
| 74 | library is located to enforce this section. In connection with |
| 75 | such enforcement, the court may impose fines as provided in this |
| 76 | subsection for each day the library has been in violation of |
| 77 | this section, dating from the date that the library received the |
| 78 | notice of intended civil action for enforcement. In any such |
| 79 | action brought by a citizen, if a court finds the library has |
| 80 | violated this section, the citizen shall be entitled to |
| 81 | reasonable attorneys' fees and costs. The clerk of the circuit |
| 82 | court shall act as the depository for all moneys collected |
| 83 | pursuant to this section. The clerk may retain a service charge |
| 84 | of $1 for each payment received under this subsection. On a |
| 85 | monthly basis, the clerk shall transfer the moneys collected |
| 86 | pursuant to this subsection to the Department of Revenue for |
| 87 | deposit in the Records Management Trust Fund within the Division |
| 88 | of Library and Information Services. |
| 89 | Section 2. In accordance with Section 18, Article VII of |
| 90 | the State Constitution, the Legislature finds that the |
| 91 | installation and operation by public libraries of technology |
| 92 | protection measures that protect against access by adults to |
| 93 | visual depictions that are obscene or child pornography and by |
| 94 | minors to visual depictions that are obscene, child pornography, |
| 95 | or harmful to minors fulfills an important state interest. |
| 96 | Section 3. This act shall take effect July 1, 2004. |