Senate Bill 1552

Senate Bill sb1552c3

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    Florida Senate - 2004             CS for CS for CS for SB 1552

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



    319-2400-04

  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.

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    Florida Senate - 2004             CS for CS for CS for SB 1552
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 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 that is open to

19  the public and that is established or maintained by one or

20  more of the following local government bodies in this state:

21  county; municipality; consolidated city-county government;

22  special district; or special tax district. The term "public

23  library" does not include a library that is open to the public

24  and that is established or maintained by a community college

25  or state university.

26         (h)  "Reasonable efforts" means the public library, as

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

28  business:

29         1.  Is posting its Internet safety policy;

30         2.  Is using a technology protection measure on all

31  public computers; and

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    Florida Senate - 2004             CS for CS for CS for SB 1552
    319-2400-04




 1         3.  Disables the technology protection measure upon an

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

 3  other lawful purpose.

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

 5  equivalent technology that blocks or filters Internet access

 6  to the visual depictions that are proscribed under subsection

 7  (2).

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

 9  safety policy that provides for:

10         1.  Installation and operation of a technology

11  protection measure on all public computers in the public

12  library which protects against access through such computers

13  by adults to visual depictions that are obscene or child

14  pornography and by minors to visual depictions that are

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

16         2.  Disablement of the technology protection measure by

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

18  use the computer for bona fide research or other lawful

19  purpose.

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

21  conspicuous area of the public library which indicates that an

22  Internet safety policy has been adopted and informs the public

23  that the Internet safety policy is available for review at

24  each public library.

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

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

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

28  this subsection. The resident shall first mail to the

29  applicable administrative unit a notice of intended civil

30  action for enforcement, which shall identify each public

31  library location implicated and shall specify the facts and

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    Florida Senate - 2004             CS for CS for CS for SB 1552
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 1  circumstances alleged to constitute a violation of subsection

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

 3  administrative unit shall mail to the resident who provided

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

 5  each public library location identified in the notice is

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

 7  mailings required by this paragraph shall be certified with

 8  return receipt requested.

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

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

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

12  written response fails to indicate that the public library is

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

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

15  court of the county in which the administrative unit is

16  located to seek injunctive relief to enforce compliance with

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

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

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

20  found to have not made reasonable efforts to comply with

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

22  between the date that the administrative unit received notice

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

24  which the public library location begins making reasonable

25  efforts to comply with subsection (2).

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

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

28         1.  An administrative unit that is fined pursuant to

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

30  fees and costs to a prevailing resident; or

31  

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    Florida Senate - 2004             CS for CS for CS for SB 1552
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 1         2.  A resident shall be ordered to pay reasonable

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

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

 4  frivolous.

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

 6  depository for all moneys collected pursuant to this

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

 8  each payment received under this subsection. On a monthly

 9  basis, the clerk shall transfer the moneys collected pursuant

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

11  the Records Management Trust Fund within the Department of

12  State.

13         (4)  The Division of Library and Information Services

14  within the Department of State shall adopt rules pursuant to

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

16  require the head of each administrative unit to annually

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

18  library locations within the administrative unit are in

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

20  of any state funds distributed under chapter 257, Florida

21  Statutes.

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

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

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

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

26  of the State Constitution, the Legislature finds that the

27  installation and operation by public libraries of technology

28  protection measures that protect against access by adults to

29  visual depictions that are obscene or child pornography and by

30  minors to visual depictions that are obscene, child

31  

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    Florida Senate - 2004             CS for CS for CS for SB 1552
    319-2400-04




 1  pornography, or harmful to minors fulfills an important state

 2  interest.

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

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                          CS/CS/SB 1552

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 8  The Committee Substitute for Committee Substitute for
    Committee Substitute for Senate Bill 1552 excludes libraries
 9  established or maintained by a community college or state
    university from the definition of the term public library, and
10  thereby from application of the bill.

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