1 | The Civil Justice Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to Internet screening in public libraries; |
7 | defining terms; requiring public libraries to provide |
8 | technology that blocks or filters Internet access to |
9 | specified proscribed visual depictions; allowing adults to |
10 | request disablement of the technology; directing the |
11 | Division of Library and Information Services within the |
12 | Department of State to adopt rules requiring a written |
13 | attestation of compliance as a condition of state funding; |
14 | providing that no cause of action shall arise from a |
15 | library's failure to comply; providing a finding of |
16 | important state interest; providing an effective date. |
17 |
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18 | Be It Enacted by the Legislature of the State of Florida: |
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20 | Section 1. Internet screening in public libraries.-- |
21 | (1) As used in this section, the term: |
22 | (a) "Administrative unit" means the entity designated by a |
23 | local government body as responsible for the administration of |
24 | all public library locations established or maintained by that |
25 | local government body. |
26 | (b) "Child pornography" has the same meaning as in s. |
27 | 847.001, Florida Statutes. |
28 | (c) "Harmful to minors" means any picture, image, graphic |
29 | image file, or other visual depiction that: |
30 | 1. Taken as a whole and with respect to minors, appeals to |
31 | a prurient interest in nudity, sex, or excretion. |
32 | 2. Depicts, describes, or represents, in a patently |
33 | offensive way with respect to what is suitable for minors, an |
34 | actual or simulated sexual act or sexual contact, an actual or |
35 | simulated normal or perverted sexual act, or a lewd exhibition |
36 | of the genitals. |
37 | 3. Taken as a whole, lacks serious literary, artistic, |
38 | political, or scientific value as to minors. |
39 | (d) "Minor" means an individual who is younger than 18 |
40 | years of age. |
41 | (e) "Obscene" has the same meaning as in s. 847.001, |
42 | Florida Statutes. |
43 | (f) "Public computer" means a computer that is made |
44 | available to the public and that has Internet access. |
45 | (g) "Public library" means any library that is open to the |
46 | public and that is established or maintained by one or more of |
47 | the following local government bodies in this state: county, |
48 | municipality, consolidated city-county government, special |
49 | district, or special tax district. The term "public library" |
50 | does not include a library that is open to the public and that |
51 | is established or maintained by a community college or state |
52 | university. |
53 | (h) "Technology protection measure" means software or |
54 | equivalent technology that blocks or filters Internet access to |
55 | the visual depictions that are proscribed under subsection (2). |
56 | (2) Each public library shall enforce an Internet safety |
57 | policy that provides for the: |
58 | (a) Installation and operation of a technology protection |
59 | measure on all public computers in the library that protects |
60 | against access through such computers by adults to visual |
61 | depictions that are obscene or child pornography and by minors |
62 | to visual depictions that are obscene, child pornography, or |
63 | harmful to minors. |
64 | (b) Disablement of the technology protection measure by an |
65 | employee of the public library upon an adult's request to use |
66 | the computer for bona fide research or other lawful purpose. |
67 | (3) The Division of Library and Information Services |
68 | within the Department of State shall adopt rules pursuant to ss. |
69 | 120.536(1) and 120.54, Florida Statutes, that require the head |
70 | of each administrative unit to annually attest in writing, under |
71 | penalty of perjury, that all public library locations for which |
72 | the administrative unit is responsible are in compliance with |
73 | subsection (2). This attestation shall be required as a |
74 | condition of the receipt of any state funds distributed under |
75 | chapter 257, Florida Statutes. |
76 | (4) No cause of action shall arise in favor of any person |
77 | due to a public library's failure to comply with subsection (2). |
78 | Section 2. In accordance with s. 18, Art. VII of the State |
79 | Constitution, the Legislature finds that the installation and |
80 | operation by public libraries of technology protection measures |
81 | that protect against access by adults to visual depictions that |
82 | are obscene or child pornography and by minors to visual |
83 | depictions that are obscene, child pornography, or harmful to |
84 | minors fulfills an important state interest. |
85 | Section 3. This act shall take effect July 1, 2005. |