Senate Bill sb1552

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    Florida Senate - 2004                                  SB 1552

    By Senator Wise





    5-975-04

  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 blocks or

  5         filters Internet access to specified proscribed

  6         visual depictions; allowing adults to request

  7         disablement of the technology; providing a

  8         finding of important state interest; providing

  9         an effective date.

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

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

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

15         (a)  "Child pornography" has the same meaning as in

16  section 847.001, Florida Statutes.

17         (b)  "Harmful to minors" means any picture, image,

18  graphic image file, or other visual depiction that:

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

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

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

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

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

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

25  of the genitals; and

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

27  political, or scientific value as to minors.

28         (c)  "Minor" means an individual who is younger than 18

29  years of age.

30         (d)  "Obscene" has the same meaning as in section

31  847.001, Florida Statutes.

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    Florida Senate - 2004                                  SB 1552
    5-975-04




 1         (e)  "Public computer" means a computer that is made

 2  available to the public and that has Internet access.

 3         (f)  "Technology protection measure" means software or

 4  equivalent technology that blocks or filters Internet access

 5  to the visual depictions that are proscribed under subsection

 6  (2).

 7         (2)  Each county or municipal public library shall

 8  enforce an Internet safety policy that provides for the:

 9         (a)  Installation and operation of a technology

10  protection measure on all public computers in the library

11  which protects against access through such computers by adults

12  to visual depictions that are obscene or child pornography and

13  by minors to visual depictions that are obscene, child

14  pornography, or harmful to minors; and

15         (b)  Disablement of the technology protection measure

16  by an employee of the county or municipal public library upon

17  an adult's request to use the computer.

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

19  of the State Constitution, the Legislature finds that the

20  installation and operation by public libraries of technology

21  protection measures that protect against access by adults to

22  visual depictions that are obscene or child pornography and by

23  minors to visual depictions that are obscene, child

24  pornography, or harmful to minors fulfills an important state

25  interest.

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

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    Florida Senate - 2004                                  SB 1552
    5-975-04




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 2                          SENATE SUMMARY

 3    Requires public libraries to provide technology that
      blocks or filters Internet access by adults to visual
 4    depictions that are obscene or child pornography and by
      minors to visual depictions that are obscene, child
 5    pornography, or harmful to minors. Allows adults to
      request disablement of the technology. Provides a finding
 6    of important state interest.

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