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Senate Bill 1552

Senate Bill sb1552c2

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

    By the Committees on Criminal Justice; Governmental Oversight
    and Productivity; and Senators Wise and Campbell




    307-2324-04

  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; requiring a public library to post

  9         notice of its Internet safety policy; providing

10         for the assessment of a fine and attorney's

11         fees and costs in connection with a violation

12         by a public library; directing the Division of

13         Library and Information Services within the

14         Department of State to adopt rules requiring a

15         written attestation of compliance as a

16         condition of state funding; providing that no

17         cause of action arises for a violation by a

18         public library except as provided; providing a

19         finding of important state interest; providing

20         an effective date.

21  

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

23  

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

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

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

27  by a local government body as responsible for the

28  administration of all public library locations established or

29  maintained by that local government body.

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

31  section 847.001, Florida Statutes.

                                  1

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    Florida Senate - 2004                    CS for CS for SB 1552
    307-2324-04




 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)  "Reasonable efforts" means the public library, as

24  required by subsection (2), in its ordinary course of

25  business:

26         1.  Is posting its Internet safety policy;

27         2.  Is using a technology protection measure on all

28  public computers; and

29         3.  Disables the technology protection measure upon an

30  adult's request to use the computer for bona fide research or

31  other lawful purpose.

                                  2

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    Florida Senate - 2004                    CS for CS for SB 1552
    307-2324-04




 1         (i)  "Technology protection measure" means software or

 2  equivalent technology that blocks or filters Internet access

 3  to the visual depictions that are proscribed under subsection

 4  (2).

 5         (2)(a)  Each public library shall enforce an Internet

 6  safety policy that provides for:

 7         1.  Installation and operation of a technology

 8  protection measure on all public computers in the public

 9  library which protects against access through such computers

10  by adults to visual depictions that are obscene or child

11  pornography and by minors to visual depictions that are

12  obscene, child pornography, or harmful to minors; and

13         2.  Disablement of the technology protection measure by

14  an employee of the public library upon an adult's request to

15  use the computer for bona fide research or other lawful

16  purpose.

17         (b)  Each public library shall post a notice in a

18  conspicuous area of the public library which indicates that an

19  Internet safety policy has been adopted and informs the public

20  that the Internet safety policy is available for review at

21  each public library.

22         (3)(a)  In the event a public library fails to make

23  reasonable efforts to comply with subsection (2), a resident

24  of this state is authorized to seek enforcement as provided in

25  this subsection. The resident shall first mail to the

26  applicable administrative unit a notice of intended civil

27  action for enforcement, which shall identify each public

28  library location implicated and shall specify the facts and

29  circumstances alleged to constitute a violation of subsection

30  (2). Within 30 days after the receipt of such notice, the

31  administrative unit shall mail to the resident who provided

                                  3

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    Florida Senate - 2004                    CS for CS for SB 1552
    307-2324-04




 1  the notice a written response specifying the efforts, if any,

 2  each public library location identified in the notice is

 3  making to comply with the requirements of subsection (2). All

 4  mailings required by this paragraph shall be certified with

 5  return receipt requested.

 6         (b)  If the resident does not receive the written

 7  response required by paragraph (a) within 40 days after

 8  receipt of the notice by the administrative unit, or if the

 9  written response fails to indicate that the public library is

10  making reasonable efforts to comply with subsection (2), the

11  resident may bring a civil cause of action in the circuit

12  court of the county in which the administrative unit is

13  located to seek injunctive relief to enforce compliance with

14  subsection (2). In connection with such enforcement, the court

15  shall impose a civil fine upon the administrative unit in the

16  amount of $100 per day per public library location that is

17  found to have not made reasonable efforts to comply with

18  subsection (2). Accrual of the fine shall be for the period

19  between the date that the administrative unit received notice

20  of the intended civil action for enforcement and the date upon

21  which the public library location begins making reasonable

22  efforts to comply with subsection (2).

23         (c)  In any civil action brought pursuant to paragraph

24  (b), attorney's fees and costs awards shall be as follows:

25         1.  An administrative unit that is fined pursuant to

26  paragraph (b) shall be ordered to pay reasonable attorney's

27  fees and costs to a prevailing resident; or

28         2.  A resident shall be ordered to pay reasonable

29  attorney's fees and costs to an administrative unit if the

30  court finds that the filing of the action was in bad faith or

31  frivolous.

                                  4

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    Florida Senate - 2004                    CS for CS for SB 1552
    307-2324-04




 1         (d)  The clerk of the circuit court shall act as the

 2  depository for all moneys collected pursuant to this

 3  subsection. The clerk may retain a service charge of $1 for

 4  each payment received under this subsection. On a monthly

 5  basis, the clerk shall transfer the moneys collected pursuant

 6  to this subsection to the Department of Revenue for deposit in

 7  the Records Management Trust Fund within the Department of

 8  State.

 9         (4)  The Division of Library and Information Services

10  within the Department of State shall adopt rules pursuant to

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

12  require the head of each administrative unit to annually

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

14  library locations within the administrative unit are in

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

16  of any state funds distributed under chapter 257, Florida

17  Statutes.

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

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

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

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

22  of the State Constitution, the Legislature finds that the

23  installation and operation by public libraries of technology

24  protection measures that protect against access by adults to

25  visual depictions that are obscene or child pornography and by

26  minors to visual depictions that are obscene, child

27  pornography, or harmful to minors fulfills an important state

28  interest.

29         Section 3.  This act shall take effect October 1, 2004.

30  

31  

                                  5

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    Florida Senate - 2004                    CS for CS for SB 1552
    307-2324-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 1552

 3                                 

 4  
    -    Requires each library to post notice that it has an
 5       Internet safety policy and that a copy is available for
         review.
 6  
    -    Removes authorization for the Attorney General to file a
 7       complaint against a library for failing to comply with
         Internet filtering requirements. Only citizens could file
 8       such a complaint.

 9  -    Clarifies that a library may only be fined when it has
         not made "reasonable efforts" to comply with the bill,
10       and provides a definition of "reasonable efforts."

11  -    Requires the court to award reasonable attorney's fees
         and costs to the library if the court finds that a
12       citizen's civil action was frivolous or filed in bad
         faith.
13  
    -    Changes the bill's effective date from July 1, 2004, to
14       October 1, 2004.

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