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Senate Bill 1552

Senate Bill sb1552c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 1552

    By the Committee on Governmental Oversight and Productivity;
    and Senator Wise


  1                      A bill to be entitled

  2         An act relating to Internet screening in public

  3         libraries; defining terms; requiring public

  4         libraries to provide technology that protects

  5         against Internet access to specified proscribed

  6         visual depictions; allowing adults to request

  7         disablement of the technology for specified

  8         purposes; providing for the assessment of a

  9         fine and attorney's fees and costs in

10         connection with a violation by a public

11         library; directing the Division of Library and

12         Information Services within the Department of

13         State to adopt rules requiring a written

14         attestation of compliance as a condition of

15         state funding; providing that no cause of

16         action arises for a violation by a public

17         library except as provided; providing a finding

18         of important state interest; providing an

19         effective date.


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


23         Section 1.  Internet screening in public libraries.--

24         (1)  As used in this section, the term:

25         (a)  "Administrative unit" means the entity designated

26  by a local government body as responsible for the

27  administration of all public library locations established or

28  maintained by that local government body.

29         (b)  "Child pornography" has the same meaning as in

30  section 847.001, Florida Statutes.



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    Florida Senate - 2004                           CS for SB 1552

 1         (c)  "Harmful to minors" means any picture, image,

 2  graphic image file, or other visual depiction that:

 3         1.  Taken as a whole and with respect to minors,

 4  appeals to a prurient interest in nudity, sex, or excretion;

 5         2.  Depicts, describes, or represents, in a patently

 6  offensive way with respect to what is suitable for minors, an

 7  actual or simulated sexual act or sexual contact, an actual or

 8  simulated normal or perverted sexual act, or a lewd exhibition

 9  of the genitals; and

10         3.  Taken as a whole, lacks serious literary, artistic,

11  political, or scientific value as to minors.

12         (d)  "Minor" means an individual who is younger than 18

13  years of age.

14         (e)  "Obscene" has the same meaning as in section

15  847.001, Florida Statutes.

16         (f)  "Public computer" means a computer that is made

17  available to the public and that has Internet access.

18         (g)  "Public library" means any library established or

19  maintained by one or more of the following local government

20  bodies in this state: county; municipality; consolidated

21  city-county government; special district; or special tax

22  district.

23         (h)  "Technology protection measure" means software or

24  equivalent technology that blocks or filters Internet access

25  to the visual depictions that are proscribed under subsection

26  (2).

27         (2)  Each public library shall enforce an Internet

28  safety policy that provides for the:

29         (a)  Installation and operation of a technology

30  protection measure on all public computers in the library

31  which protects against access through such computers by adults


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    Florida Senate - 2004                           CS for SB 1552

 1  to visual depictions that are obscene or child pornography and

 2  by minors to visual depictions that are obscene, child

 3  pornography, or harmful to minors; and

 4         (b)  Disablement of the technology protection measure

 5  by an employee of the public library upon an adult's request

 6  to use the computer for bona fide research or other lawful

 7  purpose.

 8         (3)(a)  In the event a public library fails to comply

 9  with subsection (2), the Attorney General or a citizen of this

10  state is authorized to seek enforcement as provided in this

11  subsection. The Attorney General or citizen shall first mail

12  to the applicable administrative unit a notice of intended

13  civil action for enforcement, which shall identify each public

14  library location implicated and shall specify the facts and

15  circumstances alleged to constitute a violation of subsection

16  (2). Within 15 days after the receipt of such notice, the

17  administrative unit shall mail to the party who provided the

18  notice a written response indicating whether each public

19  library location identified in the notice has complied with or

20  has initiated reasonable efforts toward compliance with the

21  requirements of subsection (2). If the Attorney General or

22  citizen does not receive such written response within 25 days

23  after receipt of the notice by the administrative unit, or if

24  after receiving such written response, the Attorney General or

25  citizen is not satisfied that compliance has been rendered or

26  that reasonable efforts toward compliance have been initiated,

27  the Attorney General or citizen may bring a civil cause of

28  action in the circuit court of the county in which the

29  administrative unit is located to enforce subsection (2). In

30  connection with such enforcement, the court shall impose a

31  fine upon the administrative unit in the amount of $100 per


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    Florida Senate - 2004                           CS for SB 1552

 1  day per public library location found to have violated

 2  subsection (2). Accrual of the fine shall begin on the date

 3  that the administrative unit received the notice of intended

 4  civil action for enforcement. In any such action brought by a

 5  citizen, if a court finds a violation of subsection (2), the

 6  court shall award reasonable attorney's fees and costs to be

 7  paid to the prevailing citizen by the administrative unit. The

 8  clerk of the circuit court shall act as the depository for all

 9  moneys collected pursuant to this subsection. The clerk may

10  retain a service charge of $1 for each payment received under

11  this subsection. On a monthly basis, the clerk shall transfer

12  the moneys collected pursuant to this subsection to the

13  Department of Revenue for deposit in the Records Management

14  Trust Fund within the Department of State.

15         (b)  All mailings required by this subsection shall be

16  certified with return receipt requested.

17         (4)  The Division of Library and Information Services

18  within the Department of State shall adopt rules pursuant to

19  sections 120.536(1) and 120.54, Florida Statutes, which

20  require the head of each administrative unit to annually

21  attest in writing, under penalty of perjury, that all public

22  library locations within the administrative unit are in

23  compliance with subsection (2), as a condition of the receipt

24  of any state funds distributed under chapter 257, Florida

25  Statutes.

26         (5)  No cause of action, except that authorized in

27  subsection (3), shall arise in favor of any person due to a

28  public library's failure to comply with subsection (2).

29         Section 2.  In accordance with Section 18, Article VII

30  of the State Constitution, the Legislature finds that the

31  installation and operation by public libraries of technology


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    Florida Senate - 2004                           CS for SB 1552

 1  protection measures that protect against access by adults to

 2  visual depictions that are obscene or child pornography and by

 3  minors to visual depictions that are obscene, child

 4  pornography, or harmful to minors fulfills an important state

 5  interest.

 6         Section 3.  This act shall take effect July 1, 2004.


                       COMMITTEE SUBSTITUTE FOR
 9                         Senate Bill 1552


11  The committee substitute adds the following to the bill: (a)
    definitions of "administrative unit" and "public library;"
12  (b)a requirement that libraries established by special
    districts implement an Internet safety policy; (c) two
13  enforcement provisions, i.e., a civil cause of action with
    fines and attorney's fees and costs, and a state funding
14  condition; and (d) an immunity provision clarifying that the
    only cause of action permitted is that specifically authorized
15  by the bill. The committee substitute also conforms the bill
    to federal law by providing that an adult's request to disable
16  a filter must be for bona fide research or other lawful
















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