HB 0899

1
A bill to be entitled
2An act relating to Internet screening in public libraries;
3defining terms; requiring public libraries to provide
4technology that blocks or filters Internet access to
5specified proscribed visual depictions; allowing adults to
6request disablement of the technology; providing for the
7assessment of a fine in connection with a violation by a
8county or municipal library; providing for notice of
9enforcement through a civil action; providing for
10reasonable costs and attorneys' fees; providing a finding
11of important state interest; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
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.
18847.001, Florida Statutes.
19     (b)  "Harmful to minors" means any picture, image, graphic
20image file, or other visual depiction that:
21     1.  Taken as a whole and with respect to minors, appeals to
22a prurient interest in nudity, sex, or excretion;
23     2.  Depicts, describes, or represents, in a patently
24offensive way with respect to what is suitable for minors, an
25actual or simulated sexual act or sexual contact, an actual or
26simulated normal or perverted sexual act, or a lewd exhibition
27of the genitals; and
28     3.  Taken as a whole, lacks serious literary, artistic,
29political, or scientific value as to minors.
30     (c)  "Minor" means an individual who is younger than 18
31years of age.
32     (d)  "Obscene" has the same meaning as in s. 847.001,
33Florida Statutes.
34     (e)  "Public computer" means a computer that is made
35available to the public and that has Internet access.
36     (f)  "Technology protection measure" means software or
37equivalent technology that blocks or filters Internet access to
38the visual depictions that are proscribed under subsection (2).
39     (2)  Each county or municipal public library shall enforce
40an Internet safety policy that provides for the:
41     (a)  Installation and operation of a technology protection
42measure on all public computers in the library which protects
43against access through such computers by adults to visual
44depictions that are obscene or child pornography and by minors
45to visual depictions that are obscene, child pornography, or
46harmful to minors; and
47     (b)  Disablement of the technology protection measure by an
48employee of the county or municipal public library upon an
49adult's request to use the computer.
50     (3)  Pursuant to a civil action initiated under this
51subsection, the court may impose a fine of not more than $100
52per day upon a county or municipal public library for each day
53that such library is in violation of this section. The Attorney
54General or a citizen of this state may seek enforcement of this
55section. The Attorney General or citizen shall first send to the
56county or municipal public library by certified mail, return
57receipt requested, a notice of intended civil action for
58enforcement, which shall specify the facts and circumstances
59alleged to constitute a violation of this section. If the county
60or municipal library complies or initiates reasonable efforts
61towards compliance with the requirements of this section within
6210 days after the receipt of such notice, it shall provide a
63written response specifying the manner in which such compliance
64has been rendered or initiated to the party who provided the
65notice of the intended enforcement action by certified mail,
66return receipt requested. If the Attorney General or citizen
67does not receive such response within 15 days after the library
68has received the notice of intended civil action for
69enforcement, or having received such notice, if the Attorney
70General or citizen is not satisfied that compliance has been
71rendered or that reasonable efforts towards compliance have been
72initiated, the Attorney General or citizen may bring a civil
73cause of action in the circuit court of the county in which the
74library is located to enforce this section. In connection with
75such enforcement, the court may impose fines as provided in this
76subsection for each day the library has been in violation of
77this section, dating from the date that the library received the
78notice of intended civil action for enforcement. In any such
79action brought by a citizen, if a court finds the library has
80violated this section, the citizen shall be entitled to
81reasonable attorneys' fees and costs. The clerk of the circuit
82court shall act as the depository for all moneys collected
83pursuant to this section. The clerk may retain a service charge
84of $1 for each payment received under this subsection. On a
85monthly basis, the clerk shall transfer the moneys collected
86pursuant to this subsection to the Department of Revenue for
87deposit in the Records Management Trust Fund within the Division
88of Library and Information Services.
89     Section 2.  In accordance with Section 18, Article VII of
90the State Constitution, the Legislature finds that the
91installation and operation by public libraries of technology
92protection measures that protect against access by adults to
93visual depictions that are obscene or child pornography and by
94minors to visual depictions that are obscene, child pornography,
95or harmful to minors fulfills an important state interest.
96     Section 3.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.