House Bill 0225

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    Florida House of Representatives - 1999                 HB 225

        By Representative Bush






  1                      A bill to be entitled

  2         An act relating to public exhibition of violent

  3         video games; providing a short title; providing

  4         definitions; prohibiting the public showing,

  5         display, or other exhibition of video games

  6         containing graphic violence in specified

  7         places; prohibiting a person who operates a

  8         place of business where video games containing

  9         graphic violence are shown, displayed, or

10         exhibited from knowingly permitting or allowing

11         any person under 18 years of age to patronize,

12         visit, or loiter in such place of business;

13         providing penalties; providing for deposit of

14         fines in the Public Medical Assistance Trust

15         Fund for use for a certain purpose; providing

16         for proof of age to be required of a

17         prospective video game observer at the place of

18         business; providing a defense to prosecution

19         under specified provisions; providing that a

20         person who operates such place of business may

21         seek a declaratory judgment from a court of

22         appropriate jurisdiction on whether a video

23         game contains graphic violence; providing an

24         effective date.

25

26         WHEREAS, the Legislature recognizes that violent crime

27  is a serious, persistent problem in our society, especially

28  among our youth, and

29         WHEREAS, the Legislature further recognizes that, as

30  confirmed by current scientific data, the repeated exposure to

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    Florida House of Representatives - 1999                 HB 225

    544-147-99






  1  graphic violence may contribute to violent behavior by our

  2  youth in some instances, and

  3         WHEREAS, although citizens are permitted to view and

  4  display a wide variety of materials for entertainment and

  5  other purposes in a free society, citizens also have the right

  6  to establish standards of safety and acceptability to ensure a

  7  civilized society and to protect their children and themselves

  8  from the scourge of violence, and

  9         WHEREAS, it is the legislative goal and purpose to

10  provide such standards, NOW, THEREFORE,

11

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

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14         Section 1.  (1)  SHORT TITLE.--This section may be

15  cited as the "Children's Protection from Violence Act."

16         (2)  DEFINITIONS.--As used in this section, the term:

17         (a)  "Graphic violence" means the depiction or

18  representation of death or severe injury, including, but not

19  limited to:

20         1.  Decapitation;

21         2.  Dismemberment;

22         3.  Repeated instances of bloodshedding; or

23         4.  Grotesque cruelty;

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25  in a way such that the depiction or representation shocks the

26  conscience of the community and exceeds the boundaries of what

27  should be tolerated in a civilized society.

28         (b)  "Prospective video game observer" means a person

29  who could observe a video game at a place of business where

30  video games are shown, displayed, or exhibited.

31         (3)  PROHIBITED ACTS.--

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    Florida House of Representatives - 1999                 HB 225

    544-147-99






  1         (a)  It is unlawful for any person to show, display, or

  2  exhibit, or permit the showing, display, or other exhibition

  3  of, a video game containing graphic violence when the showing,

  4  display, or exhibition is visible from any public street or

  5  public place.

  6         (b)  It is unlawful for any person who operates a place

  7  of business in which video games containing graphic violence

  8  are shown, displayed, or exhibited to knowingly permit or

  9  allow any person under 18 years of age to patronize, visit, or

10  loiter in such place of business.

11         (4)  PENALTIES.--A person who violates subsection (3)

12  commits a civil infraction, punishable by a fine not exceeding

13  $5,000 for any such violation on the first offense, with the

14  total amount of such fines not to exceed $50,000. A person who

15  commits a second or subsequent offense in violation of

16  subsection (3) commits a civil infraction punishable by a fine

17  not exceeding $10,000 for any such violation on the second or

18  subsequent offense.

19         (5)  DEPOSIT OF FINES.--Fine moneys collected by the

20  courts under this section shall be forwarded for deposit in

21  the Public Medical Assistance Trust Fund established in s.

22  409.918, Florida Statutes, and distributed for payment of

23  costs for treatment of injuries of victims of violent crime

24  who qualify for Medicaid assistance, as provided by law.

25         (6)  REQUIRED PROOF OF AGE AT PLACE OF BUSINESS;

26  DEFENSE.--

27         (a)  Any person who operates a place of business in

28  which video games are shown, displayed, or exhibited, or the

29  person's agent or employee, may require proof of age of a

30  prospective video game observer.

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    Florida House of Representatives - 1999                 HB 225

    544-147-99






  1         (b)  A person charged with a violation of paragraph

  2  (3)(b) has a complete defense if, before or at the time the

  3  video game containing graphic violence was shown, displayed,

  4  or exhibited:

  5         1.  The prospective video game observer evidenced that

  6  she or he was 18 years of age or older;

  7         2.  The appearance of the prospective video game

  8  observer was such that a prudent person would believe the

  9  prospective video game observer to be 18 years of age or

10  older; and

11         3.  The person charged with the violation, or the

12  person's agent or employee, carefully checked a driver's

13  license or an identification card issued by this state or

14  another state of the United States, a passport, or a United

15  States armed services identification card presented by the

16  prospective video game observer and acted in good faith and in

17  reliance upon the representation and appearance of the

18  prospective video game observer in the belief that the

19  prospective video game observer was 18 years of age or older.

20         (7)  RIGHT TO DECLARATORY JUDGMENT.--A person who

21  operates a place of business in which video games are shown,

22  displayed, or exhibited shall have the right to seek a

23  declaratory judgment in a court of law of appropriate

24  jurisdiction for the purpose of obtaining a judicial

25  determination of whether a video game contains graphic

26  violence.

27         Section 2.  This act shall take effect October 1, 1999,

28  and shall apply to offenses committed on or after that date.

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    Florida House of Representatives - 1999                 HB 225

    544-147-99






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  2                          HOUSE SUMMARY

  3
      Creates the "Children's Protection from Violence Act."
  4    Prohibits the public showing, display, or other
      exhibition of video games containing graphic violence in
  5    specified places. Prohibits a person who operates a place
      of business where video games containing graphic violence
  6    are shown, displayed, or exhibited from knowingly
      permitting or allowing any person under 18 years of age
  7    to patronize, visit, or loiter in such place of business.
      Provides penalties. Provides for deposit of fines in the
  8    Public Medical Assistance Trust Fund for use for a
      certain purpose. Provides for proof of age to be required
  9    of a prospective video game observer. Provides a defense
      to prosecution under specified provisions. Provides that
10    a person who operates such place of business may seek a
      declaratory judgment on whether a video game contains
11    graphic violence.

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