HB 519

1	A bill to be entitled
2	An act relating to Internet screening in public libraries;
3	creating s. 257.44, F.S.; defining terms; requiring public
4	libraries to provide technology that protects against
5	Internet access to specified proscribed visual depictions;
6	allowing adults to request disablement of the technology
7	for specified purposes; prohibiting a public library from
8	maintaining a record of adults who request such
9	disablement; requiring a public library to post notice of
10	its Internet safety policy; providing for the assessment
11	of a fine and attorney's fees and costs in connection with
12	a violation by a public library; directing the Division of
13	Library and Information Services within the Department of
14	State to adopt rules requiring a written attestation of
15	compliance as a condition of state funding; providing a
16	cause of action is not authorized for a violation by a
17	public library except as provided under the act; providing
18	a finding of important state interest; providing an
19	effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Section 257.44, Florida Statutes, is created to
24	read:
25	257.44  Internet screening in public libraries.--
26	(1)  As used in this section, the term:
27	(a)  "Administrative unit" means the entity designated by a
28	local government body as responsible for administering all
29	public libraries established or maintained by that local
30	government body.
31	(b)  "Child pornography" has the same meaning as in s.
32	847.001.
33	(c)  "Harmful to minors" means any picture, image, graphic
34	image file, or other visual depiction that:
35	1.  Taken as a whole and with respect to minors, appeals to
36	a prurient interest in nudity, sex, or excretion;
37	2.  Depicts, describes, or represents, in a patently
38	offensive way with respect to what is suitable for minors, an
39	actual or simulated sexual act or sexual contact, an actual or
40	simulated normal or perverted sexual act, or a lewd exhibition
41	of the genitals; and
42	3.  Taken as a whole, lacks serious literary, artistic,
43	political, or scientific value as to minors.
44	(d)  "Minor" means an individual who is younger than 18
45	years of age.
46	(e)  "Obscene" has the same meaning as in s. 847.001.
47	(f)  "Public computer" means a computer that is made
48	available to the public and that has Internet access.
49	(g)  "Public library" means any library that is open to the
50	public and that is established or maintained by a county,
51	municipality, consolidated city-county government, special
52	district, or special tax district, or any combination thereof.
53	The term does not include a library that is open to the public
54	and that is established or maintained by a community college or
55	state university.
56	(h)  "Reasonable efforts" means the public library, in
57	implementing the policy required by subsection (2), in its
58	ordinary course of business:
59	1.  Posts its Internet safety policy;
60	2.  Uses a technology protection measure on all public
61	computers; and
62	3.  Disables the technology protection measure upon an
63	adult's request to use the computer for bona fide research or
64	other lawful purpose.
65	(i)  "Technology protection measure" means software or
66	equivalent technology that blocks or filters Internet access to
67	the visual depictions that are proscribed under subsection (2).
68	(2)(a)  Each public library shall enforce an Internet
69	safety policy that provides for:
70	1.  Installation and operation of a technology protection
71	measure on all public computers in the public library which
72	protects against access through such computers by adults to
73	visual depictions that are obscene or constitute child
74	pornography and by minors to visual depictions that are obscene,
75	constitute child pornography, or are harmful to minors; and
76	2.  Disablement of the technology protection measure by an
77	employee of the public library upon an adult's request to use
78	the computer for bona fide research or other lawful purpose.
79	(b)  Each public library shall post a notice in a
80	conspicuous area of the public library which indicates that an
81	Internet safety policy has been adopted and informs the public
82	that the Internet safety policy is available for review at each
83	public library.
84	(c)  A public library may not maintain a record of names of
85	adults who request that the technology protection measure be
86	disabled under this subsection.
87	(3)  If a public library knowingly fails to make reasonable
88	efforts to comply with subsection (2), a resident of this state
89	may seek enforcement as provided in this subsection.
90	(a)  Before instituting a civil action under paragraph (b),
91	the resident shall, within 45 days after a public library's
92	alleged failure to make such reasonable efforts, mail a written
93	notice of intended civil action for enforcement to the head of
94	the applicable administrative unit. The notice must identify
95	each public library location involved and specify the facts and
96	circumstances alleged to constitute a violation of subsection
97	(2). Within 45 days after the receipt of such notice, the
98	administrative unit shall mail a written response to the
99	resident who provided the notice. The written response must
100	specify the efforts, if any, which each public library location
101	identified in the notice is making to comply with the
102	requirements of subsection (2). All mailings required by this
103	paragraph must be certified with return receipt requested.
104	(b)  If the resident does not receive the written response
105	required in paragraph (a) within 60 days after receipt of the
106	notice by the head of the administrative unit or if the written
107	response fails to indicate that the public library is making
108	reasonable efforts to comply with subsection (2), the resident
109	may institute a civil action in the circuit court of the county
110	in which the administrative unit is located to seek injunctive
111	relief to enforce compliance with subsection (2).
112	(c)  In connection with an enforcement action under
113	paragraph (b), the court shall:
114	1.  Impose a civil fine upon the administrative unit in the
115	amount of $100 per day per public library location that is found
116	to have not made reasonable efforts to comply with subsection
117	(2). Accrual of the fine shall be for the period between the
118	date that the head of the administrative unit received the
119	notice of intended civil action for enforcement and the date
120	upon which the public library location begins making reasonable
121	efforts to comply with subsection (2).
122	2.  Order an administrative unit that is fined pursuant to
123	subparagraph 1. to pay reasonable attorney's fees and costs to a
124	prevailing resident. If the court finds that the civil action
125	was in bad faith or frivolous, it shall order the resident who
126	filed the action to pay reasonable attorney's fees and costs to
127	the administrative unit.
128	(d)  The clerk of the circuit court shall act as the
129	depository for all civil fines paid pursuant to this subsection.
130	The clerk may retain a service charge of $1 for each such
131	payment and shall, on a monthly basis, transfer the moneys
132	collected for such fines to the Department of Revenue for
133	deposit in the Records Management Trust Fund within the
134	Department of State.
135	(4)  The Division of Library and Information Services
136	within the Department of State shall adopt rules pursuant to ss.
137	120.536(1) and 120.54 which require the head of each
138	administrative unit to annually attest in writing, under penalty
139	of perjury, that all public library locations for which the
140	administrative unit is responsible are in compliance with
141	subsection (2) as a condition of the receipt of any state funds
142	distributed under this chapter.
143	(5)  Except as authorized in subsection (3), this section
144	does not authorize a cause of action in favor of any person due
145	to a public library's failure to comply with subsection (2).
146	Section 2.  In accordance with s. 18, Art. VII of the State
147	Constitution, the Legislature finds that the installation and
148	operation by public libraries of technology protection measures
149	that protect against access by adults to visual depictions that
150	are obscene or constitute child pornography and by minors to
151	visual depictions that are obscene, constitute child
152	pornography, or are harmful to minors fulfills an important
153	state interest.
154	Section 3.  This act shall take effect October 1, 2006.

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