| 1 | The Civil Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to Internet screening in public libraries; |
| 7 | defining terms; requiring public libraries to provide |
| 8 | technology that blocks or filters Internet access to |
| 9 | specified proscribed visual depictions; allowing adults to |
| 10 | request disablement of the technology; directing the |
| 11 | Division of Library and Information Services within the |
| 12 | Department of State to adopt rules requiring a written |
| 13 | attestation of compliance as a condition of state funding; |
| 14 | providing that no cause of action shall arise from a |
| 15 | library's failure to comply; providing a finding of |
| 16 | important state interest; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Internet screening in public libraries.-- |
| 21 | (1) As used in this section, the term: |
| 22 | (a) "Administrative unit" means the entity designated by a |
| 23 | local government body as responsible for the administration of |
| 24 | all public library locations established or maintained by that |
| 25 | local government body. |
| 26 | (b) "Child pornography" has the same meaning as in s. |
| 27 | 847.001, Florida Statutes. |
| 28 | (c) "Harmful to minors" means any picture, image, graphic |
| 29 | image file, or other visual depiction that: |
| 30 | 1. Taken as a whole and with respect to minors, appeals to |
| 31 | a prurient interest in nudity, sex, or excretion. |
| 32 | 2. Depicts, describes, or represents, in a patently |
| 33 | offensive way with respect to what is suitable for minors, an |
| 34 | actual or simulated sexual act or sexual contact, an actual or |
| 35 | simulated normal or perverted sexual act, or a lewd exhibition |
| 36 | of the genitals. |
| 37 | 3. Taken as a whole, lacks serious literary, artistic, |
| 38 | political, or scientific value as to minors. |
| 39 | (d) "Minor" means an individual who is younger than 18 |
| 40 | years of age. |
| 41 | (e) "Obscene" has the same meaning as in s. 847.001, |
| 42 | Florida Statutes. |
| 43 | (f) "Public computer" means a computer that is made |
| 44 | available to the public and that has Internet access. |
| 45 | (g) "Public library" means any library that is open to the |
| 46 | public and that is established or maintained by one or more of |
| 47 | the following local government bodies in this state: county, |
| 48 | municipality, consolidated city-county government, special |
| 49 | district, or special tax district. The term "public library" |
| 50 | does not include a library that is open to the public and that |
| 51 | is established or maintained by a community college or state |
| 52 | university. |
| 53 | (h) "Technology protection measure" means software or |
| 54 | equivalent technology that blocks or filters Internet access to |
| 55 | the visual depictions that are proscribed under subsection (2). |
| 56 | (2) Each public library shall enforce an Internet safety |
| 57 | policy that provides for the: |
| 58 | (a) Installation and operation of a technology protection |
| 59 | measure on all public computers in the library that protects |
| 60 | against access through such computers by adults to visual |
| 61 | depictions that are obscene or child pornography and by minors |
| 62 | to visual depictions that are obscene, child pornography, or |
| 63 | harmful to minors. |
| 64 | (b) Disablement of the technology protection measure by an |
| 65 | employee of the public library upon an adult's request to use |
| 66 | the computer for bona fide research or other lawful purpose. |
| 67 | (3) The Division of Library and Information Services |
| 68 | within the Department of State shall adopt rules pursuant to ss. |
| 69 | 120.536(1) and 120.54, Florida Statutes, that require the head |
| 70 | of each administrative unit to annually attest in writing, under |
| 71 | penalty of perjury, that all public library locations for which |
| 72 | the administrative unit is responsible are in compliance with |
| 73 | subsection (2). This attestation shall be required as a |
| 74 | condition of the receipt of any state funds distributed under |
| 75 | chapter 257, Florida Statutes. |
| 76 | (4) No cause of action shall arise in favor of any person |
| 77 | due to a public library's failure to comply with subsection (2). |
| 78 | Section 2. In accordance with s. 18, Art. VII of the State |
| 79 | Constitution, the Legislature finds that the installation and |
| 80 | operation by public libraries of technology protection measures |
| 81 | that protect against access by adults to visual depictions that |
| 82 | are obscene or child pornography and by minors to visual |
| 83 | depictions that are obscene, child pornography, or harmful to |
| 84 | minors fulfills an important state interest. |
| 85 | Section 3. This act shall take effect July 1, 2005. |