Senate Bill sb1220c2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for SB 1220
By the Committees on Communications and Public Utilities;
Criminal Justice; and Senators Posey and Lynn
579-1783-06
1 A bill to be entitled
2 An act relating to the transmission of sexually
3 oriented material or material harmful to a
4 minor; creating s. 847.01385, F.S.; providing a
5 definition relating to the transmission of
6 materials to a minor or person believed to be a
7 minor; prohibiting a person in this state or
8 another jurisdiction from transmitting, by
9 means of electronic mail or computer pop-up,
10 sexually oriented material or material that is
11 harmful to minors to an individual in this
12 state who is a minor or is believed to be a
13 minor; providing that a violation of the act is
14 a felony of the third degree; precluding a
15 defense to prosecution for a violation of the
16 act; providing that the act shall not be
17 construed to prohibit prosecution of a person
18 in this state or another jurisdiction for a
19 violation of any law of this state; exempting
20 list servers from application of the act;
21 providing that the act does not create a cause
22 of action or provide for criminal charges
23 against an interactive computer service,
24 customer premise equipment provider,
25 communications service provider, or cable
26 provider whose equipment is used in violation
27 of the act; providing an effective date.
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29 Be It Enacted by the Legislature of the State of Florida:
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Florida Senate - 2006 CS for CS for SB 1220
579-1783-06
1 Section 1. Section 847.01385, Florida Statutes, is
2 created to read:
3 847.01385 Transmission of sexually oriented material
4 or material harmful to minors by electronic mail or computer
5 pop-up prohibited; penalties.--
6 (1) As used in this section, the terms "transmits" and
7 "transmission" mean the act of sending any image, information,
8 or data by use of any electronic equipment or device.
9 (2) Notwithstanding ss. 847.012 and 847.0133, any
10 person in this state who knows, should know, or believes that
11 an individual in this state is a minor and who transmits, by
12 means of electronic mail or a computer pop-up, sexually
13 oriented material, as defined in s. 847.001, or an image,
14 information, or data that is harmful to minors, as defined in
15 s. 847.001, to such individual commits a felony of the third
16 degree.
17 (3) Notwithstanding ss. 847.012 and 847.0133, a person
18 in a jurisdiction other than this state who knows, should
19 know, or believes that an individual in this state is a minor
20 and who transmits, by means of electronic mail or a computer
21 pop-up, sexually oriented material, as defined in s. 847.001,
22 or an image, information, or data that is harmful to minors,
23 as defined in s. 847.001, to such individual commits a felony
24 of the third degree.
25 (4) The fact that an undercover operative or law
26 enforcement officer was involved in the detection and
27 investigation of an offense under this section shall not
28 constitute a defense to a prosecution under this section.
29 (5) This section shall not be construed to prohibit
30 prosecution of a person in this state or another jurisdiction
31 for a violation of any law of this state, including a law
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for SB 1220
579-1783-06
1 providing for greater penalties than prescribed in this
2 section, for the transmission of sexually oriented material or
3 material harmful to minors.
4 (6) This section does not apply to subscription-based
5 transmissions such as list servers.
6 (7) This section does not create a cause of action or
7 provide for criminal charges against an interactive computer
8 service as defined in s. 668.602, a customer premise equipment
9 provider, a communications service provider, or a cable
10 provider whose equipment is used to transport, handle, or
11 retransmit an unsolicited electronic mail or a computer pop-up
12 that violates this section.
13 Section 2. This act shall take effect July 1, 2006.
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15 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
16 CS/SB 1220
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18 The Committee Substitute for Committee Substitute for Senate
Bill 1220 changes the list of entities against whom the bill
19 does not create a civil cause of action nor provide for
criminal charges by deleting the term "telephone company" and
20 inserting "customer premise equipment provider" and
"communications services provider."
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CODING: Words stricken are deletions; words underlined are additions.