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Senator Fasano moved the following amendment:

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     Senate Amendment (with title amendment)

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     Between lines 473 and 474,

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insert:

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     Section 8. Internet access provider; parental controls.--

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     (1) For purposes of this section, the term "Internet access

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provider" means any entity that, as one of its primary business

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activities, provides consumers with access to the Internet. The

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term does not include commercial mobile radio service providers,

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as defined in s. 364.02, Florida Statutes.

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     (2) If an Internet access provider knows or has reasonable

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cause to believe that a subscriber resides within this state, the

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provider shall make available to the subscriber a product or

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service that enables the subscriber to regulate a minor's use of

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the service to access the Internet if such a product or service

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is reasonably and commercially available for the technology used

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by the subscriber to access the Internet. The product or service

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must, subject to such availability, enable the subscriber to do

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the following:

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     (a) Block access to specific websites or domains

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disapproved by the subscriber.

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     (b) Restrict access to specific websites or domains deemed

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appropriate by the subscriber or the Internet access provider.

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     (c) Allow the subscriber to control a minor's use of the

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Internet remotely through the use of online capability or monitor

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a minor's use of the Internet by providing a report to the

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subscriber of the specific websites or domains that the minor has

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visited or has attempted to visit but could not access because

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the websites or domains were blocked or restricted by the

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subscriber.

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     (3) For the purposes of subsection (2), an Internet access

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provider shall be deemed to know that a subscriber resides within

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this state if the subscriber identifies this state as his or her

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place of residence at the time of subscription.

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     (4) If a product or service described in subsection (2) is

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reasonably and commercially available for the technology used by

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the subscriber to access the Internet, the Internet access

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provider:

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     (a) Shall make available to the subscriber, at or near the

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time of subscription, information concerning the availability of

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the product or service described in subsection (2).

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     (b) May make the product or service described in subsection

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(2) available to the subscriber either directly or through a

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third-party vendor.

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     Section 9. (1)(a) An interactive computer service, as

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defined in s. 668.602, Florida Statutes, shall, upon the request

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of any law enforcement agency investigating an offense listed in

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s. 775.21(4)(a)1., Florida Statutes, or s. 943.0435(1)(a)1.,

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Florida Statutes, which involves a minor victim, take all

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necessary steps to preserve records and all other evidence in its

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possession pending issuance of a court order or other legal

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process. The interactive computer service shall comply with the

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request as soon as possible following receipt.

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     (b) Records and evidence referred to in paragraph (a) shall

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be retained for a period of 90 days, which shall be extended for

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an additional 90-day period upon a renewed request by the law

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enforcement agency.

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     (2) In connection with any criminal investigation regarding

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an offense listed in s. 775.21(4)(a)1., Florida Statutes, or s.

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943.0435(1)(a)1., Florida Statutes, which involves a minor victim

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and which involves immediate danger of death or serious bodily

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harm, a law enforcement agency in this state may issue a request,

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without compulsory legal process or court order, to an

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interactive computer service to disclose, consistent with 18

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U.S.C. s. 2702(c)(4), the information identified in 18 U.S.C. s.

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2703(c)(2). The service shall communicate with the requesting

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agency to discuss the nature of the request and to coordinate an

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appropriate response immediately and without delay.

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     (3) Subsections (1) and (2) shall be interpreted in a

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manner consistent with the requirements of federal law which

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apply to providers of an electronic communications service,

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including, but not limited to, 18 U.S.C. ss. 2701 et seq. and 42

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U.S.C. s. 13032.

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     Section 10.  Section 847.0141, Florida Statutes, is created

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to read:

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     847.0141 Reporting child pornography violations.--An

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interactive computer service, as defined s. 668.602, which is

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doing business in this state and which obtains knowledge of facts

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or circumstances from which a violation of any law in this state

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prohibiting child pornography is apparent shall make a report, as

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soon as reasonably possible, of such facts or circumstances to

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the National Center for Missing and Exploited Children consistent

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with the requirements of 42 U.S.C. s. 13032.

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     Section 11.  Section 943.0437, Florida Statutes, is amended

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to read:

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     943.0437  Commercial social networking websites.--

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     (1) For the purpose of this section, the term:

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     (a) "Commercial social networking website" means a

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commercially operated Internet website that allows users to

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create web pages or profiles that provide information about

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themselves and are available publicly or to other users and that

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offers a mechanism for communication with other users, such as a

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forum, chat room, electronic mail, or instant messenger.

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     (b) "Interactive computer service" has the same meaning as

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provided in s. 668.602.

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     (2)  The department may provide information relating to

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electronic mail addresses and instant message names maintained as

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part of the sexual offender registry to interactive computer

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services, commercial social networking websites, or third parties

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designated by commercial social networking websites. Each

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interactive computer service and The commercial social networking

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website may use this information for the purpose of comparing

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registered users and screening potential users of its interactive

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computer service or the commercial social networking website

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against the list of electronic mail addresses and instant message

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names provided by the department.

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     (3)  This section shall not be construed to impose any civil

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liability on an interactive computer service or a commercial

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social networking website for:

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     (a)  Any action voluntarily taken in good faith to remove or

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disable any profile of a registered user associated with an

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electronic mail address or instant message name contained in the

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state sexual offender registry or the National Sex Offender

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Registry.

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     (b)  Any action taken to restrict access by such registered

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user to an interactive computer service or a the commercial

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social networking website.

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     (c) Failing to take any action to restrict access by a

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registered user described in paragraph (a) to an interactive

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computer service or a commercial social networking website.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 32, after the semicolon,

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insert:

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defining the term "Internet access provider"; requiring

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providers to make available to customers in this state

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a product or service that enables the subscriber to

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regulate a minor's use of the service to access the

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Internet if certain conditions exist; providing

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requirements for such a product or service; requiring

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that interactive computer services take necessary steps

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to preserve records and evidence upon request of law

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enforcement agencies investigating specified crimes

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involving minor victims; requiring retention of such

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records and information for specified periods;

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providing for compliance without compulsory legal

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process in investigations of certain offenses involving

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minor victims and involving immediate danger of death

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or serious bodily harm; providing for construction of

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provisions in a manner consistent with specified

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federal laws; creating s. 847.0141, F.S.; requiring

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interactive computer services to make certain reports

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when a violation of child pornography laws is evident

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to such service; amending s. 943.0437, F.S.; adopting a

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definition of "interactive computer service";

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authorizing the Department of Law Enforcement to

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provide interactive computer services with certain

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information; providing that interactive computer

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services are not liable for taking or failing to take

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certain actions based on a registered user's

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association with an electronic mail address or instant

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message name contained in certain sex offender

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registries;

4/25/2008  9:08:00 AM     11-08426A-08