HB 1029

1
A bill to be entitled
2An act relating to protection of minors online; defining
3the term "Internet access provider"; requiring providers
4to make available to customers in this state a product or
5service that enables the subscriber to regulate a minor's
6use of the service to access the Internet if certain
7conditions exist; providing requirements for such a
8product or service; requiring that interactive computer
9services take necessary steps to preserve records and
10evidence upon request of law enforcement agencies
11investigating specified crimes involving minor victims;
12requiring retention of such records and information for
13specified periods; providing search warrant compliance
14requirements for interactive computer services for
15investigations of specified offenses involving minor
16victims; providing for compliance without compulsory legal
17process in investigations of certain offenses involving
18minor victims involving immediate danger of death or
19serious bodily harm; providing for construction of
20provisions in a manner consistent with specified federal
21laws; creating s. 847.0141, F.S.; requiring interactive
22computer services to make certain reports when a violation
23of child pornography laws is evident to such service;
24amending ss. 800.04 and 847.0135, F.S.; providing that it
25is not a defense to charges of certain offenses involving
26minor victims that alleged victim was, in fact, a law
27enforcement officer posing as such minor victim; amending
28s. 943.043, F.S.; requiring the Department of Law
29Enforcement to make electronic mail and instant message
30name information collected from sexual predators and
31sexual offenders available to certain entities for
32specified purposes; providing that interactive computers
33services are not liable for specified actions based on a
34good faith belief that a user is listed in a sex offender
35registry; creating s. 948.33, F.S.; providing for lifetime
36supervision of Internet activities of specified sexual
37offenders whose offenses involved minor victims; providing
38for conduct of such supervision; specifying the
39requirements for such supervision; permitting certain
40offenders to have their Internet access limited or
41restricted; providing for petitions for release from such
42supervision; providing penalties; amending s. 1003.42,
43F.S.; providing a requirement for Internet safety
44instruction for students; providing related duties for the
45Department of Education; providing an effective date.
46
47Be It Enacted by the Legislature of the State of Florida:
48
49     Section 1.  Internet access provider; parental controls.--
50     (1)  For purposes of this section, the term "Internet
51access provider" means an entity that provides consumers with
52public access to the Internet.
53     (2)  If an Internet access provider knows or has reasonable
54cause to believe that a subscriber resides within this state,
55the provider shall make available to the subscriber a product or
56service that enables the subscriber to regulate a minor's use of
57the service to access the Internet if such a product or service
58is reasonably and commercially available for the technology used
59by the subscriber to access the Internet. The product or service
60must, subject to such availability, enable the subscriber to do
61the following:
62     (a)  Block access to specific websites or domains
63disapproved by the subscriber.
64     (b)  Restrict access exclusively to specific websites or
65domains approved by the subscriber.
66     (c)  Allow the subscriber to monitor a minor's use of the
67Internet by providing a report to the subscriber of the specific
68websites or domains that the minor has visited or has attempted
69to visit but could not access because the websites or domains
70were blocked or restricted by the subscriber.
71     (3)  For the purposes of subsection (2), an Internet access
72provider shall be deemed to know that a subscriber resides
73within this state if the subscriber identifies this state as his
74or her place of residence at the time of subscription.
75     (4)  If a product or service described in subsection (2) is
76reasonably and commercially available for the technology used by
77the subscriber to access the Internet, the provider of Internet
78access:
79     (a)  Shall provide to the subscriber, at the time of
80subscription, information concerning the availability of the
81product or service described in subsection (2).
82     (b)  May make the product or service described in
83subsection (2) available to the subscriber either directly or
84through a third-party vendor.
85     Section 2.  (1)(a)  An interactive computer service, as
86defined in s. 668.602, Florida Statutes, shall, upon the request
87of any law enforcement agency investigating an offense involving
88a minor victim that is listed in s. 775.21(4)1., Florida
89Statutes, or s. 943.0435(1)(a)1., Florida Statutes, take all
90necessary steps to preserve records and all other evidence in
91its possession pending issuance of a court order or other legal
92process. The interactive computer service shall comply with the
93request as soon as possible following receipt.
94     (b)  Records referred to in paragraph (a) shall be retained
95for a period of 90 days, which shall be extended for an
96additional 90-day period upon a renewed request by the law
97enforcement agency.
98     (2)(a)  An interactive computer service shall, after
99receiving a search warrant as set forth in chapter 933 relating
100to an investigation of an offense involving a minor victim that
101is listed in s. 775.21(4)1., Florida Statutes, or s.
102943.0435(1)(a)1., Florida Statutes, provide information
103identified in 18 U.S.C. s. 2703(c)(2) that is in its possession;
104except that if the service demonstrates to the requesting law
105enforcement agency that, for bona fide technical reasons, it
106cannot comply with the order within 15 days of the request, it
107shall make every reasonable effort to comply with the request as
108soon as reasonably possible.
109     (b)  In connection with any criminal investigation
110regarding a possible sex offense involving a minor that is
111listed in s. 775.21(4)1., Florida Statutes, or s.
112943.0435(1)(a)1., Florida Statutes, that involves immediate
113danger of death or serious bodily harm, a law enforcement agency
114in this state may issue a request, without compulsory legal
115process or court order, to a designated recipient of the
116interactive computer service to disclose, consistent with 18
117U.S.C. s. 2702(c)(4), the information identified in paragraph
118(a). The service shall communicate with the requesting agency to
119discuss the nature of the request and to coordinate an
120appropriate response immediately and without delay.
121     (3)  Subsections (1) and (2) shall be interpreted in a
122manner consistent with the requirements of federal law that
123apply to providers of an electronic communications service,
124including, but not limited to, 18 U.S.C. ss. 2701 et seq. and 42
125U.S.C. s. 13032.
126     Section 3.  Section 847.0141, Florida Statutes, is created
127to read:
128     847.0141  Reporting child pornography violations.--An
129interactive computer service, as defined s. 668.602, that is
130doing business in this state that obtains knowledge of facts or
131circumstances from which a violation of any law in this state
132prohibiting child pornography is apparent shall make a report,
133as soon as reasonably possible, of such facts or circumstances
134to the National Center for Missing and Exploited Children
135consistent with the requirements of 42 U.S.C. s. 13032.
136     Section 4.  Paragraph (e) is added to subsection (7) of
137section 800.04, Florida Statutes, to read:
138     800.04  Lewd or lascivious offenses committed upon or in
139the presence of persons less than 16 years of age.--
140     (7)  LEWD OR LASCIVIOUS EXHIBITION.--
141     (e)  It shall not be a defense to a charge under this
142subsection that the victim was actually a law enforcement
143officer posing as a person less than 16 years of age.
144     Section 5.  Subsection (8) is added to section 847.0135,
145Florida Statutes, to read:
146     847.0135  Computer pornography; traveling to meet minor;
147penalties.--
148     (8)  NOT A DEFENSE.--It shall not be a defense to a charge
149under this section that the victim was actually a law
150enforcement officer posing as a minor.
151     Section 6.  Subsections (6) and (7) are added to section
152943.043, Florida Statutes, to read:
153     943.043  Toll-free telephone number; Internet notification;
154sexual predator and sexual offender information; interactive
155computer service liability.--
156     (6)  The department shall make the electronic mail and
157instant message name information collected from sexual predators
158and sexual offenders available through a formal mechanism to any
159commercial or nonprofit entity, including child safety
160organizations, educational institutions, and interactive
161computer services as defined in s. 668.602, for the purpose of
162protecting minors from sexual predators and sexual offenders.
163     (7)  No provider of an interactive computer service shall
164be liable under this section or any other provision of law:
165     (a)  For identifying, removing, disabling, blocking, or
166otherwise affecting a user based on a good faith belief that
167such user's electronic mail address, instant message name, or
168other similar Internet identifier appeared in the National Sex
169Offender Registry or any analogous state registry; or
170     (b)  For failing to identify, block, or otherwise prevent a
171person from registering for its service, or for failing to
172remove, disable, or otherwise affect a registered user, whose
173electronic mail address, instant message name, or other similar
174Internet identifier appears in the National Sex Offender
175Registry or any analogous state registry.
176     Section 7.  Section 948.33, Florida Statutes, is created to
177read:
178     948.33  Online monitoring of certain sexual offenders.--
179     (1)  A person subject to additional restrictions under any
180provision of s. 948.30 for an offense committed on or after
181October 1, 2008, against a victim who was under 18 years of age
182at the time of the offense shall, in addition to any other
183provision of law, be subject to additional supervision for life
184as provided in this section. The supervision shall be conducted
185by a probation officer, law enforcement officer, or an assigned
186computer information technology specialist in a form and manner
187prescribed by the Attorney General. Conditions imposed pursuant
188to this section do not require oral pronouncement at the time of
189sentencing and shall be considered standard conditions of
190probation or community control for offenders specified in this
191section.
192     (2)  Persons subject to lifetime supervision under this
193section shall be subject to:
194     (a)  Continued supervision, whether in person or remotely,
195of his or her incoming and outgoing e-mail or other Internet-
196based communication.
197     (b)  Continued supervision, either in person or remotely,
198of his or her history of websites visited.
199     (c)  Periodic, unannounced inspections of the contents of
200his or her computer and any other device with Internet access
201owned or used by the offender. Such inspections may include, but
202are not limited to, retrieval and copying of all data from the
203device and any internal or external storage or portable media
204and the removal of such information, computer, device, or media
205to conduct an examination for evidence relevant to any offense
206that is listed in s. 948.30 committed against a victim who was
207under 18 years of age at the time of the offense.
208     (d)  Allowing for the use of technologies to create a
209unique identifier of his or her computer that will allow law
210enforcement to track and monitor online activity.
211     (3)  If the Internet was used by the offender in the
212commission of the offense described in subsection (1), the
213judge, as a part of the offender's sentence, may limit or
214restrict the offender's Internet access.
215     (4)  An offender subject to lifetime supervision under this
216section may petition for release from supervision to the circuit
217court having jurisdiction over the original offense. The
218offender may not be released from supervision unless he or she
219shows by clear and convincing evidence that he or she has not
220committed a felony or misdemeanor of any type for 15 years since
221his or her last conviction or release from incarceration,
222whichever is later, and that the offender is not likely to pose
223a threat to the safety of others if released from supervision.
224     (5)  An offender who violates a provision of supervision
225under this section commits a felony of the third degree,
226punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
227and, upon conviction, shall be sentenced to a mandatory minimum
228term of imprisonment of 5 years unless the court finds that in
229that particular case the interests of justice outweigh the need
230to deter the crimes referenced in subsection (1) and that such a
231sentence of imprisonment would be a manifest injustice.
232     Section 8.  Paragraph (u) is added to subsection (2) of
233section 1003.42, Florida Statutes, to read:
234     1003.42  Required instruction.--
235     (2)  Members of the instructional staff of the public
236schools, subject to the rules of the State Board of Education
237and the district school board, shall teach efficiently and
238faithfully, using the books and materials required that meet the
239highest standards for professionalism and historic accuracy,
240following the prescribed courses of study, and employing
241approved methods of instruction, the following:
242     (u)  Internet safety for students, taught at least once to
243students in grade 3 or above in a way that is integrated in the
244instructional program. The department shall develop a model
245curriculum, taking into consideration similar curricula
246developed by the other states as well as any other curricular
247materials suggested by education experts, child psychologists,
248or technology companies working on child online safety issues.
249The department shall also provide each district with materials
250for parents regarding child online safety.
251
252The State Board of Education is encouraged to adopt standards
253and pursue assessment of the requirements of this subsection.
254     Section 9.  This act shall take effect October 1, 2008.


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