HB 0611CS

CHAMBER ACTION




1The Civil Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to Internet screening in public libraries;
7defining terms; requiring public libraries to provide
8technology that blocks or filters Internet access to
9specified proscribed visual depictions; allowing adults to
10request disablement of the technology; directing the
11Division of Library and Information Services within the
12Department of State to adopt rules requiring a written
13attestation of compliance as a condition of state funding;
14providing that no cause of action shall arise from a
15library's failure to comply; providing a finding of
16important state interest; providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
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
23local government body as responsible for the administration of
24all public library locations established or maintained by that
25local government body.
26     (b)  "Child pornography" has the same meaning as in s.
27847.001, Florida Statutes.
28     (c)  "Harmful to minors" means any picture, image, graphic
29image file, or other visual depiction that:
30     1.  Taken as a whole and with respect to minors, appeals to
31a prurient interest in nudity, sex, or excretion.
32     2.  Depicts, describes, or represents, in a patently
33offensive way with respect to what is suitable for minors, an
34actual or simulated sexual act or sexual contact, an actual or
35simulated normal or perverted sexual act, or a lewd exhibition
36of the genitals.
37     3.  Taken as a whole, lacks serious literary, artistic,
38political, or scientific value as to minors.
39     (d)  "Minor" means an individual who is younger than 18
40years of age.
41     (e)  "Obscene" has the same meaning as in s. 847.001,
42Florida Statutes.
43     (f)  "Public computer" means a computer that is made
44available to the public and that has Internet access.
45     (g)  "Public library" means any library that is open to the
46public and that is established or maintained by one or more of
47the following local government bodies in this state: county,
48municipality, consolidated city-county government, special
49district, or special tax district. The term "public library"
50does not include a library that is open to the public and that
51is established or maintained by a community college or state
52university.
53     (h)  "Technology protection measure" means software or
54equivalent technology that blocks or filters Internet access to
55the visual depictions that are proscribed under subsection (2).
56     (2)  Each public library shall enforce an Internet safety
57policy that provides for the:
58     (a)  Installation and operation of a technology protection
59measure on all public computers in the library that protects
60against access through such computers by adults to visual
61depictions that are obscene or child pornography and by minors
62to visual depictions that are obscene, child pornography, or
63harmful to minors.
64     (b)  Disablement of the technology protection measure by an
65employee of the public library upon an adult's request to use
66the computer for bona fide research or other lawful purpose.
67     (3)  The Division of Library and Information Services
68within the Department of State shall adopt rules pursuant to ss.
69120.536(1) and 120.54, Florida Statutes, that require the head
70of each administrative unit to annually attest in writing, under
71penalty of perjury, that all public library locations for which
72the administrative unit is responsible are in compliance with
73subsection (2). This attestation shall be required as a
74condition of the receipt of any state funds distributed under
75chapter 257, Florida Statutes.
76     (4)  No cause of action shall arise in favor of any person
77due to a public library's failure to comply with subsection (2).
78     Section 2.  In accordance with s. 18, Art. VII of the State
79Constitution, the Legislature finds that the installation and
80operation by public libraries of technology protection measures
81that protect against access by adults to visual depictions that
82are obscene or child pornography and by minors to visual
83depictions that are obscene, child pornography, or harmful to
84minors fulfills an important state interest.
85     Section 3.  This act shall take effect July 1, 2005.


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