| 1 | A bill to be entitled |
| 2 | An act relating to protection of minors online; defining |
| 3 | the term "Internet access provider"; requiring providers |
| 4 | to make available to customers in this state a product or |
| 5 | service that enables the subscriber to regulate a minor's |
| 6 | use of the service to access the Internet if certain |
| 7 | conditions exist; providing requirements for such a |
| 8 | product or service; requiring that interactive computer |
| 9 | services take necessary steps to preserve records and |
| 10 | evidence upon request of law enforcement agencies |
| 11 | investigating specified crimes involving minor victims; |
| 12 | requiring retention of such records and information for |
| 13 | specified periods; providing search warrant compliance |
| 14 | requirements for interactive computer services for |
| 15 | investigations of specified offenses involving minor |
| 16 | victims; providing for compliance without compulsory legal |
| 17 | process in investigations of certain offenses involving |
| 18 | minor victims involving immediate danger of death or |
| 19 | serious bodily harm; providing for construction of |
| 20 | provisions in a manner consistent with specified federal |
| 21 | laws; creating s. 847.0141, F.S.; requiring interactive |
| 22 | computer services to make certain reports when a violation |
| 23 | of child pornography laws is evident to such service; |
| 24 | amending ss. 800.04 and 847.0135, F.S.; providing that it |
| 25 | is not a defense to charges of certain offenses involving |
| 26 | minor victims that alleged victim was, in fact, a law |
| 27 | enforcement officer posing as such minor victim; amending |
| 28 | s. 943.043, F.S.; requiring the Department of Law |
| 29 | Enforcement to make electronic mail and instant message |
| 30 | name information collected from sexual predators and |
| 31 | sexual offenders available to certain entities for |
| 32 | specified purposes; providing that interactive computers |
| 33 | services are not liable for specified actions based on a |
| 34 | good faith belief that a user is listed in a sex offender |
| 35 | registry; creating s. 948.33, F.S.; providing for lifetime |
| 36 | supervision of Internet activities of specified sexual |
| 37 | offenders whose offenses involved minor victims; providing |
| 38 | for conduct of such supervision; specifying the |
| 39 | requirements for such supervision; permitting certain |
| 40 | offenders to have their Internet access limited or |
| 41 | restricted; providing for petitions for release from such |
| 42 | supervision; providing penalties; amending s. 1003.42, |
| 43 | F.S.; providing a requirement for Internet safety |
| 44 | instruction for students; providing related duties for the |
| 45 | Department of Education; providing an effective date. |
| 46 |
|
| 47 | Be It Enacted by the Legislature of the State of Florida: |
| 48 |
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| 49 | Section 1. Internet access provider; parental controls.-- |
| 50 | (1) For purposes of this section, the term "Internet |
| 51 | access provider" means an entity that provides consumers with |
| 52 | public access to the Internet. |
| 53 | (2) If an Internet access provider knows or has reasonable |
| 54 | cause to believe that a subscriber resides within this state, |
| 55 | the provider shall make available to the subscriber a product or |
| 56 | service that enables the subscriber to regulate a minor's use of |
| 57 | the service to access the Internet if such a product or service |
| 58 | is reasonably and commercially available for the technology used |
| 59 | by the subscriber to access the Internet. The product or service |
| 60 | must, subject to such availability, enable the subscriber to do |
| 61 | the following: |
| 62 | (a) Block access to specific websites or domains |
| 63 | disapproved by the subscriber. |
| 64 | (b) Restrict access exclusively to specific websites or |
| 65 | domains approved by the subscriber. |
| 66 | (c) Allow the subscriber to monitor a minor's use of the |
| 67 | Internet by providing a report to the subscriber of the specific |
| 68 | websites or domains that the minor has visited or has attempted |
| 69 | to visit but could not access because the websites or domains |
| 70 | were blocked or restricted by the subscriber. |
| 71 | (3) For the purposes of subsection (2), an Internet access |
| 72 | provider shall be deemed to know that a subscriber resides |
| 73 | within this state if the subscriber identifies this state as his |
| 74 | or her place of residence at the time of subscription. |
| 75 | (4) If a product or service described in subsection (2) is |
| 76 | reasonably and commercially available for the technology used by |
| 77 | the subscriber to access the Internet, the provider of Internet |
| 78 | access: |
| 79 | (a) Shall provide to the subscriber, at the time of |
| 80 | subscription, information concerning the availability of the |
| 81 | product or service described in subsection (2). |
| 82 | (b) May make the product or service described in |
| 83 | subsection (2) available to the subscriber either directly or |
| 84 | through a third-party vendor. |
| 85 | Section 2. (1)(a) An interactive computer service, as |
| 86 | defined in s. 668.602, Florida Statutes, shall, upon the request |
| 87 | of any law enforcement agency investigating an offense involving |
| 88 | a minor victim that is listed in s. 775.21(4)1., Florida |
| 89 | Statutes, or s. 943.0435(1)(a)1., Florida Statutes, take all |
| 90 | necessary steps to preserve records and all other evidence in |
| 91 | its possession pending issuance of a court order or other legal |
| 92 | process. The interactive computer service shall comply with the |
| 93 | request as soon as possible following receipt. |
| 94 | (b) Records referred to in paragraph (a) shall be retained |
| 95 | for a period of 90 days, which shall be extended for an |
| 96 | additional 90-day period upon a renewed request by the law |
| 97 | enforcement agency. |
| 98 | (2)(a) An interactive computer service shall, after |
| 99 | receiving a search warrant as set forth in chapter 933 relating |
| 100 | to an investigation of an offense involving a minor victim that |
| 101 | is listed in s. 775.21(4)1., Florida Statutes, or s. |
| 102 | 943.0435(1)(a)1., Florida Statutes, provide information |
| 103 | identified in 18 U.S.C. s. 2703(c)(2) that is in its possession; |
| 104 | except that if the service demonstrates to the requesting law |
| 105 | enforcement agency that, for bona fide technical reasons, it |
| 106 | cannot comply with the order within 15 days of the request, it |
| 107 | shall make every reasonable effort to comply with the request as |
| 108 | soon as reasonably possible. |
| 109 | (b) In connection with any criminal investigation |
| 110 | regarding a possible sex offense involving a minor that is |
| 111 | listed in s. 775.21(4)1., Florida Statutes, or s. |
| 112 | 943.0435(1)(a)1., Florida Statutes, that involves immediate |
| 113 | danger of death or serious bodily harm, a law enforcement agency |
| 114 | in this state may issue a request, without compulsory legal |
| 115 | process or court order, to a designated recipient of the |
| 116 | interactive computer service to disclose, consistent with 18 |
| 117 | U.S.C. s. 2702(c)(4), the information identified in paragraph |
| 118 | (a). The service shall communicate with the requesting agency to |
| 119 | discuss the nature of the request and to coordinate an |
| 120 | appropriate response immediately and without delay. |
| 121 | (3) Subsections (1) and (2) shall be interpreted in a |
| 122 | manner consistent with the requirements of federal law that |
| 123 | apply to providers of an electronic communications service, |
| 124 | including, but not limited to, 18 U.S.C. ss. 2701 et seq. and 42 |
| 125 | U.S.C. s. 13032. |
| 126 | Section 3. Section 847.0141, Florida Statutes, is created |
| 127 | to read: |
| 128 | 847.0141 Reporting child pornography violations.--An |
| 129 | interactive computer service, as defined s. 668.602, that is |
| 130 | doing business in this state that obtains knowledge of facts or |
| 131 | circumstances from which a violation of any law in this state |
| 132 | prohibiting child pornography is apparent shall make a report, |
| 133 | as soon as reasonably possible, of such facts or circumstances |
| 134 | to the National Center for Missing and Exploited Children |
| 135 | consistent with the requirements of 42 U.S.C. s. 13032. |
| 136 | Section 4. Paragraph (e) is added to subsection (7) of |
| 137 | section 800.04, Florida Statutes, to read: |
| 138 | 800.04 Lewd or lascivious offenses committed upon or in |
| 139 | the presence of persons less than 16 years of age.-- |
| 140 | (7) LEWD OR LASCIVIOUS EXHIBITION.-- |
| 141 | (e) It shall not be a defense to a charge under this |
| 142 | subsection that the victim was actually a law enforcement |
| 143 | officer posing as a person less than 16 years of age. |
| 144 | Section 5. Subsection (8) is added to section 847.0135, |
| 145 | Florida Statutes, to read: |
| 146 | 847.0135 Computer pornography; traveling to meet minor; |
| 147 | penalties.-- |
| 148 | (8) NOT A DEFENSE.--It shall not be a defense to a charge |
| 149 | under this section that the victim was actually a law |
| 150 | enforcement officer posing as a minor. |
| 151 | Section 6. Subsections (6) and (7) are added to section |
| 152 | 943.043, Florida Statutes, to read: |
| 153 | 943.043 Toll-free telephone number; Internet notification; |
| 154 | sexual predator and sexual offender information; interactive |
| 155 | computer service liability.-- |
| 156 | (6) The department shall make the electronic mail and |
| 157 | instant message name information collected from sexual predators |
| 158 | and sexual offenders available through a formal mechanism to any |
| 159 | commercial or nonprofit entity, including child safety |
| 160 | organizations, educational institutions, and interactive |
| 161 | computer services as defined in s. 668.602, for the purpose of |
| 162 | protecting minors from sexual predators and sexual offenders. |
| 163 | (7) No provider of an interactive computer service shall |
| 164 | be liable under this section or any other provision of law: |
| 165 | (a) For identifying, removing, disabling, blocking, or |
| 166 | otherwise affecting a user based on a good faith belief that |
| 167 | such user's electronic mail address, instant message name, or |
| 168 | other similar Internet identifier appeared in the National Sex |
| 169 | Offender Registry or any analogous state registry; or |
| 170 | (b) For failing to identify, block, or otherwise prevent a |
| 171 | person from registering for its service, or for failing to |
| 172 | remove, disable, or otherwise affect a registered user, whose |
| 173 | electronic mail address, instant message name, or other similar |
| 174 | Internet identifier appears in the National Sex Offender |
| 175 | Registry or any analogous state registry. |
| 176 | Section 7. Section 948.33, Florida Statutes, is created to |
| 177 | read: |
| 178 | 948.33 Online monitoring of certain sexual offenders.-- |
| 179 | (1) A person subject to additional restrictions under any |
| 180 | provision of s. 948.30 for an offense committed on or after |
| 181 | October 1, 2008, against a victim who was under 18 years of age |
| 182 | at the time of the offense shall, in addition to any other |
| 183 | provision of law, be subject to additional supervision for life |
| 184 | as provided in this section. The supervision shall be conducted |
| 185 | by a probation officer, law enforcement officer, or an assigned |
| 186 | computer information technology specialist in a form and manner |
| 187 | prescribed by the Attorney General. Conditions imposed pursuant |
| 188 | to this section do not require oral pronouncement at the time of |
| 189 | sentencing and shall be considered standard conditions of |
| 190 | probation or community control for offenders specified in this |
| 191 | section. |
| 192 | (2) Persons subject to lifetime supervision under this |
| 193 | section shall be subject to: |
| 194 | (a) Continued supervision, whether in person or remotely, |
| 195 | of his or her incoming and outgoing e-mail or other Internet- |
| 196 | based communication. |
| 197 | (b) Continued supervision, either in person or remotely, |
| 198 | of his or her history of websites visited. |
| 199 | (c) Periodic, unannounced inspections of the contents of |
| 200 | his or her computer and any other device with Internet access |
| 201 | owned or used by the offender. Such inspections may include, but |
| 202 | are not limited to, retrieval and copying of all data from the |
| 203 | device and any internal or external storage or portable media |
| 204 | and the removal of such information, computer, device, or media |
| 205 | to conduct an examination for evidence relevant to any offense |
| 206 | that is listed in s. 948.30 committed against a victim who was |
| 207 | under 18 years of age at the time of the offense. |
| 208 | (d) Allowing for the use of technologies to create a |
| 209 | unique identifier of his or her computer that will allow law |
| 210 | enforcement to track and monitor online activity. |
| 211 | (3) If the Internet was used by the offender in the |
| 212 | commission of the offense described in subsection (1), the |
| 213 | judge, as a part of the offender's sentence, may limit or |
| 214 | restrict the offender's Internet access. |
| 215 | (4) An offender subject to lifetime supervision under this |
| 216 | section may petition for release from supervision to the circuit |
| 217 | court having jurisdiction over the original offense. The |
| 218 | offender may not be released from supervision unless he or she |
| 219 | shows by clear and convincing evidence that he or she has not |
| 220 | committed a felony or misdemeanor of any type for 15 years since |
| 221 | his or her last conviction or release from incarceration, |
| 222 | whichever is later, and that the offender is not likely to pose |
| 223 | a threat to the safety of others if released from supervision. |
| 224 | (5) An offender who violates a provision of supervision |
| 225 | under this section commits a felony of the third degree, |
| 226 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084, |
| 227 | and, upon conviction, shall be sentenced to a mandatory minimum |
| 228 | term of imprisonment of 5 years unless the court finds that in |
| 229 | that particular case the interests of justice outweigh the need |
| 230 | to deter the crimes referenced in subsection (1) and that such a |
| 231 | sentence of imprisonment would be a manifest injustice. |
| 232 | Section 8. Paragraph (u) is added to subsection (2) of |
| 233 | section 1003.42, Florida Statutes, to read: |
| 234 | 1003.42 Required instruction.-- |
| 235 | (2) Members of the instructional staff of the public |
| 236 | schools, subject to the rules of the State Board of Education |
| 237 | and the district school board, shall teach efficiently and |
| 238 | faithfully, using the books and materials required that meet the |
| 239 | highest standards for professionalism and historic accuracy, |
| 240 | following the prescribed courses of study, and employing |
| 241 | approved methods of instruction, the following: |
| 242 | (u) Internet safety for students, taught at least once to |
| 243 | students in grade 3 or above in a way that is integrated in the |
| 244 | instructional program. The department shall develop a model |
| 245 | curriculum, taking into consideration similar curricula |
| 246 | developed by the other states as well as any other curricular |
| 247 | materials suggested by education experts, child psychologists, |
| 248 | or technology companies working on child online safety issues. |
| 249 | The department shall also provide each district with materials |
| 250 | for parents regarding child online safety. |
| 251 |
|
| 252 | The State Board of Education is encouraged to adopt standards |
| 253 | and pursue assessment of the requirements of this subsection. |
| 254 | Section 9. This act shall take effect October 1, 2008. |