HB 0519

CS

CHAMBER ACTION

1	The Civil Justice Committee recommends the following:
2
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	creating s. 257.44, F.S.; defining terms; requiring public
8	libraries to provide technology that protects against
9	Internet access to specified proscribed visual depictions;
10	allowing adults to request disablement of the technology
11	for specified purposes; prohibiting a public library from
12	maintaining a record of adults who request such
13	disablement; requiring a public library to post notice of
14	its Internet safety policy; directing the Division of
15	Library and Information Services within the Department of
16	State to adopt rules requiring a written attestation of
17	compliance as a condition of state funding; providing a
18	cause of action is not authorized for a violation by a
19	public library; providing a finding of important state
20	interest; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Section 257.44, Florida Statutes, is created to
25	read:
26	257.44  Internet screening in public libraries.--
27	(1)  As used in this section, the term:
28	(a)  "Administrative unit" means the entity designated by a
29	local government body as responsible for administering all
30	public libraries established or maintained by that local
31	government body.
32	(b)  "Child pornography" has the same meaning as in s.
33	847.001.
34	(c)  "Harmful to minors" means any picture, image, graphic
35	image file, or other visual depiction that:
36	1.  Taken as a whole and with respect to minors, appeals to
37	a prurient interest in nudity, sex, or excretion;
38	2.  Depicts, describes, or represents, in a patently
39	offensive way with respect to what is suitable for minors, an
40	actual or simulated sexual act or sexual contact, an actual or
41	simulated normal or perverted sexual act, or a lewd exhibition
42	of the genitals; and
43	3.  Taken as a whole, lacks serious literary, artistic,
44	political, or scientific value as to minors.
45	(d)  "Minor" means an individual who is younger than 18
46	years of age.
47	(e)  "Obscene" has the same meaning as in s. 847.001.
48	(f)  "Public computer" means a computer that is made
49	available to the public and that has Internet access.
50	(g)  "Public library" means any library that is open to the
51	public and that is established or maintained by a county,
52	municipality, consolidated city-county government, special
53	district, or special tax district, or any combination thereof.
54	The term does not include a library that is open to the public
55	and that is established or maintained by a community college or
56	state university.
57	(h)  "Reasonable efforts" means the public library, in
58	implementing the policy required by subsection (2), in its
59	ordinary course of business:
60	1.  Posts its Internet safety policy;
61	2.  Uses a technology protection measure on all public
62	computers; and
63	3.  Disables the technology protection measure upon an
64	adult's request to use the computer for bona fide research or
65	other lawful purpose.
66	(i)  "Technology protection measure" means software or
67	equivalent technology that blocks or filters Internet access to
68	the visual depictions that are proscribed under subsection (2).
69	(2)(a)  Each public library shall enforce an Internet
70	safety policy that provides for:
71	1.  Installation and operation of a technology protection
72	measure on all public computers in the public library which
73	protects against access through such computers by adults to
74	visual depictions that are obscene or constitute child
75	pornography and by minors to visual depictions that are obscene,
76	constitute child pornography, or are harmful to minors; and
77	2.  Disablement of the technology protection measure by an
78	employee of the public library upon an adult's request to use
79	the computer for bona fide research or other lawful purpose.
80	(b)  Each public library shall post a notice in a
81	conspicuous area of the public library which indicates that an
82	Internet safety policy has been adopted and informs the public
83	that the Internet safety policy is available for review at each
84	public library.
85	(c)  A public library may not maintain a record of names of
86	adults who request that the technology protection measure be
87	disabled under this subsection.
88	(3)  The Division of Library and Information Services
89	within the Department of State shall adopt rules pursuant to ss.
90	120.536(1) and 120.54 that require the head of each
91	administrative unit to annually attest in writing, under penalty
92	of perjury, that all public library locations for which the
93	administrative unit is responsible are in compliance with
94	subsection (2) as a condition of the receipt of any state funds
95	distributed under this chapter.
96	(4)  This section does not authorize a cause of action in
97	favor of any person due to a public library's failure to comply
98	with subsection (2).
99	Section 2.  In accordance with s. 18, Art. VII of the State
100	Constitution, the Legislature finds that the installation and
101	operation by public libraries of technology protection measures
102	that protect against access by adults to visual depictions that
103	are obscene or constitute child pornography and by minors to
104	visual depictions that are obscene, constitute child
105	pornography, or are harmful to minors fulfills an important
106	state interest.
107	Section 3.  This act shall take effect October 1, 2006.

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