1 | A bill to be entitled |
2 | An act relating to Internet screening in public libraries; |
3 | defining terms; requiring public libraries to provide |
4 | technology that blocks or filters Internet access to |
5 | specified proscribed visual depictions; allowing adults to |
6 | request disablement of the technology; providing for the |
7 | assessment of a fine in connection with a violation by a |
8 | county or municipal library; providing for notice of |
9 | enforcement through a civil action; providing for |
10 | reasonable costs and attorneys' fees; providing a finding |
11 | of important state interest; providing an effective date. |
12 |
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13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
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15 | Section 1. Internet screening in public libraries.-- |
16 | (1) As used in this section, the term: |
17 | (a) "Child pornography" has the same meaning as in s. |
18 | 847.001, Florida Statutes. |
19 | (b) "Harmful to minors" means any picture, image, graphic |
20 | image file, or other visual depiction that: |
21 | 1. Taken as a whole and with respect to minors, appeals to |
22 | a prurient interest in nudity, sex, or excretion; |
23 | 2. Depicts, describes, or represents, in a patently |
24 | offensive way with respect to what is suitable for minors, an |
25 | actual or simulated sexual act or sexual contact, an actual or |
26 | simulated normal or perverted sexual act, or a lewd exhibition |
27 | of the genitals; and |
28 | 3. Taken as a whole, lacks serious literary, artistic, |
29 | political, or scientific value as to minors. |
30 | (c) "Minor" means an individual who is younger than 18 |
31 | years of age. |
32 | (d) "Obscene" has the same meaning as in s. 847.001, |
33 | Florida Statutes. |
34 | (e) "Public computer" means a computer that is made |
35 | available to the public and that has Internet access. |
36 | (f) "Technology protection measure" means software or |
37 | equivalent technology that blocks or filters Internet access to |
38 | the visual depictions that are proscribed under subsection (2). |
39 | (2) Each county or municipal public library shall enforce |
40 | an Internet safety policy that provides for the: |
41 | (a) Installation and operation of a technology protection |
42 | measure on all public computers in the library which protects |
43 | against access through such computers by adults to visual |
44 | depictions that are obscene or child pornography and by minors |
45 | to visual depictions that are obscene, child pornography, or |
46 | harmful to minors; and |
47 | (b) Disablement of the technology protection measure by an |
48 | employee of the county or municipal public library upon an |
49 | adult's request to use the computer. |
50 | (3) Pursuant to a civil action initiated under this |
51 | subsection, the court may impose a fine of not more than $100 |
52 | per day upon a county or municipal public library for each day |
53 | that such library is in violation of this section. The Attorney |
54 | General or a citizen of this state may seek enforcement of this |
55 | section. The Attorney General or citizen shall first send to the |
56 | county or municipal public library by certified mail, return |
57 | receipt requested, a notice of intended civil action for |
58 | enforcement, which shall specify the facts and circumstances |
59 | alleged to constitute a violation of this section. If the county |
60 | or municipal library complies or initiates reasonable efforts |
61 | towards compliance with the requirements of this section within |
62 | 10 days after the receipt of such notice, it shall provide a |
63 | written response specifying the manner in which such compliance |
64 | has been rendered or initiated to the party who provided the |
65 | notice of the intended enforcement action by certified mail, |
66 | return receipt requested. If the Attorney General or citizen |
67 | does not receive such response within 15 days after the library |
68 | has received the notice of intended civil action for |
69 | enforcement, or having received such notice, if the Attorney |
70 | General or citizen is not satisfied that compliance has been |
71 | rendered or that reasonable efforts towards compliance have been |
72 | initiated, the Attorney General or citizen may bring a civil |
73 | cause of action in the circuit court of the county in which the |
74 | library is located to enforce this section. In connection with |
75 | such enforcement, the court may impose fines as provided in this |
76 | subsection for each day the library has been in violation of |
77 | this section, dating from the date that the library received the |
78 | notice of intended civil action for enforcement. In any such |
79 | action brought by a citizen, if a court finds the library has |
80 | violated this section, the citizen shall be entitled to |
81 | reasonable attorneys' fees and costs. The clerk of the circuit |
82 | court shall act as the depository for all moneys collected |
83 | pursuant to this section. The clerk may retain a service charge |
84 | of $1 for each payment received under this subsection. On a |
85 | monthly basis, the clerk shall transfer the moneys collected |
86 | pursuant to this subsection to the Department of Revenue for |
87 | deposit in the Records Management Trust Fund within the Division |
88 | of Library and Information Services. |
89 | Section 2. In accordance with Section 18, Article VII of |
90 | the State Constitution, the Legislature finds that the |
91 | installation and operation by public libraries of technology |
92 | protection measures that protect against access by adults to |
93 | visual depictions that are obscene or child pornography and by |
94 | minors to visual depictions that are obscene, child pornography, |
95 | or harmful to minors fulfills an important state interest. |
96 | Section 3. This act shall take effect July 1, 2004. |