Senate Bill sb0722

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    Florida Senate - 2005                                   SB 722

    By Senator Wise





    5-497A-05

  1                      A bill to be entitled

  2         An act relating to Internet screening in public

  3         libraries; creating s. 257.44, F.S.; defining

  4         terms; requiring public libraries to provide

  5         technology that protects against Internet

  6         access to specified proscribed visual

  7         depictions; allowing adults to request

  8         disablement of the technology for specified

  9         purposes; prohibiting a public library from

10         maintaining a record of adults who request such

11         disablement; requiring a public library to post

12         notice of its Internet safety policy; providing

13         for the assessment of a fine and attorney's

14         fees and costs in connection with a violation

15         by a public library; directing the Division of

16         Library and Information Services within the

17         Department of State to adopt rules requiring a

18         written attestation of compliance as a

19         condition of state funding; providing that no

20         cause of action arises for a violation by a

21         public library except as provided; providing a

22         finding of important state interest; providing

23         an effective date.

24  

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

26  

27         Section 1.  Section 257.44, Florida Statutes, is

28  created to read:

29         257.44  Internet screening in public libraries.--

30         (1)  As used in this section, the term:

31  

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    Florida Senate - 2005                                   SB 722
    5-497A-05




 1         (a)  "Administrative unit" means the entity designated

 2  by a local government body as responsible for the

 3  administration of all public library locations established or

 4  maintained by that local government body.

 5         (b)  "Child pornography" has the same meaning as in s.

 6  847.001.

 7         (c)  "Harmful to minors" means any picture, image,

 8  graphic image file, or other visual depiction that:

 9         1.  Taken as a whole and with respect to minors,

10  appeals to a prurient interest in nudity, sex, or excretion;

11         2.  Depicts, describes, or represents, in a patently

12  offensive way with respect to what is suitable for minors, an

13  actual or simulated sexual act or sexual contact, an actual or

14  simulated normal or perverted sexual act, or a lewd exhibition

15  of the genitals; and

16         3.  Taken as a whole, lacks serious literary, artistic,

17  political, or scientific value as to minors.

18         (d)  "Minor" means an individual who is younger than 18

19  years of age.

20         (e)  "Obscene" has the same meaning as in s. 847.001.

21         (f)  "Public computer" means a computer that is made

22  available to the public and that has Internet access.

23         (g)  "Public library" means any library that is open to

24  the public and that is established or maintained by one or

25  more of the following local government bodies in this state:

26  county; municipality; consolidated city-county government;

27  special district; or special tax district. The term does not

28  include a library that is open to the public and that is

29  established or maintained by a community college or state

30  university.

31  

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    Florida Senate - 2005                                   SB 722
    5-497A-05




 1         (h)  "Reasonable efforts" means the public library, in

 2  implementing the policy required by subsection (2), in its

 3  ordinary course of business:

 4         1.  Posts its Internet safety policy;

 5         2.  Uses a technology protection measure on all public

 6  computers; and

 7         3.  Disables the technology protection measure upon an

 8  adult's request to use the computer for bona fide research or

 9  other lawful purpose.

10         (i)  "Technology protection measure" means software or

11  equivalent technology that blocks or filters Internet access

12  to the visual depictions that are proscribed under subsection

13  (2).

14         (2)(a)  Each public library shall enforce an Internet

15  safety policy that provides for:

16         1.  Installation and operation of a technology

17  protection measure on all public computers in the public

18  library which protects against access through such computers

19  by adults to visual depictions that are obscene or constitute

20  child pornography and by minors to visual depictions that are

21  obscene, constitute child pornography, or are harmful to

22  minors; and

23         2.  Disablement of the technology protection measure by

24  an employee of the public library upon an adult's request to

25  use the computer for bona fide research or other lawful

26  purpose.

27         (b)  Each public library shall post a notice in a

28  conspicuous area of the public library which indicates that an

29  Internet safety policy has been adopted and informs the public

30  that the Internet safety policy is available for review at

31  each public library.

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    Florida Senate - 2005                                   SB 722
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 1         (c)  A public library may not maintain a record of

 2  names of adults who request that the technology protection

 3  measure be disabled under this subsection.

 4         (3)  If a public library knowingly fails to make

 5  reasonable efforts to comply with subsection (2), a resident

 6  of this state may seek enforcement as provided in this

 7  subsection.

 8         (a)  Before instituting a civil action under paragraph

 9  (b), the resident shall, within 45 days after a public

10  library's alleged failure to make such reasonable efforts,

11  mail a written notice of intended civil action for enforcement

12  to the head of the applicable administrative unit.  The notice

13  must identify each public library location involved and

14  specify the facts and circumstances alleged to constitute a

15  violation of subsection (2). Within 45 days after the receipt

16  of such notice, the head of the administrative unit shall mail

17  a written response to the resident who provided the notice.

18  The written response must specify the efforts, if any, which

19  each public library location identified in the notice is

20  making to comply with the requirements of subsection (2). All

21  mailings required by this paragraph shall be certified with

22  return receipt requested.

23         (b)  If the resident does not receive the written

24  response required in paragraph (a) within 60 days after

25  receipt of the notice by the head of the administrative unit,

26  or if the written response fails to indicate that the public

27  library is making reasonable efforts to comply with subsection

28  (2), the resident may institute a civil action in the circuit

29  court of the county in which the administrative unit is

30  located to seek injunctive relief to enforce compliance with

31  subsection (2).

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 1         (c)  In connection with an enforcement action under

 2  paragraph (b), the court shall:

 3         1.  Impose a civil fine upon the administrative unit in

 4  the amount of $100 per day per public library location that is

 5  found to have not made reasonable efforts to comply with

 6  subsection (2). Accrual of the fine shall be for the period

 7  between the date that the head of the administrative unit

 8  received the notice of intended civil action for enforcement

 9  and the date upon which the public library location begins

10  making reasonable efforts to comply with subsection (2).

11         2.  Order an administrative unit that is fined pursuant

12  to subparagraph 1. to pay reasonable attorney's fees and costs

13  to a prevailing resident. If the court finds that the filing

14  of the action was in bad faith or frivolous, it shall order

15  the resident who filed the action to pay reasonable attorney's

16  fees and costs to the administrative unit.

17         (d)  The clerk of the circuit court shall act as the

18  depository for all civil fines paid pursuant to this

19  subsection. The clerk may retain a service charge of $1 for

20  each such payment and shall, on a monthly basis, transfer the

21  moneys collected for such fines to the Department of Revenue

22  for deposit in the Records Management Trust Fund within the

23  Department of State.

24         (4)  The Division of Library and Information Services

25  within the Department of State shall adopt rules pursuant to

26  ss. 120.536(1) and 120.54 which require the head of each

27  administrative unit to annually attest in writing, under

28  penalty of perjury, that all public library locations for

29  which the administrative unit is responsible are in compliance

30  with subsection (2), as a condition of the receipt of any

31  state funds distributed under chapter 257.

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    Florida Senate - 2005                                   SB 722
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 1         (5)  No cause of action, except as authorized in

 2  subsection (3), shall arise in favor of any person due to a

 3  public library's failure to comply with subsection (2).

 4         Section 2.  In accordance with s. 18, Art. VII of the

 5  State Constitution, the Legislature finds that the

 6  installation and operation by public libraries of technology

 7  protection measures that protect against access by adults to

 8  visual depictions that are obscene or constitute child

 9  pornography and by minors to visual depictions that are

10  obscene, constitute child pornography, or are harmful to

11  minors fulfills an important state interest.

12         Section 3.  This act shall take effect October 1, 2005.

13  

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15                          SENATE SUMMARY

16    Requires public libraries to provide technology that
      blocks or filters Internet access by adults to visual
17    depictions that are obscene or that constitute child
      pornography and by minors to visual depictions that are
18    obscene, that constitute child pornography, or that are
      harmful to minors. Allows adults to request disablement
19    of the technology. Bars a public library from maintaining
      a list of persons who request such disablement. Requires
20    a public library to post notice of its Internet safety
      policy. Provides for enforcement, including fines, and
21    for assessment of attorney's fees and court costs.
      Provides a finding of important state interest.
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