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The Committee on Criminal and Civil Justice Appropriations

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(Villalobos) recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Between lines 466 and 467,

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insert:

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     Section 8. Internet access provider; parental controls.--

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     (1) For purposes of this section, the term "Internet access

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provider" means any entity that, as one of its primary business

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activities, provides consumers with access to the Internet. The

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term does not include commercial mobile radio service providers

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as defined in s. 364.02.

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     (2) If an Internet access provider knows or has reasonable

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cause to believe that a subscriber resides within this state, the

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provider shall make available to the subscriber a product or

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service that enables the subscriber to regulate a minor's use of

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the service to access the Internet if such a product or service

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is reasonably and commercially available for the technology used

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by the subscriber to access the Internet. The product or service

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must, subject to such availability, enable the subscriber to:

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     (a) Block access to specific websites or domains

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disapproved by the subscriber.

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     (b) Restrict access to specific websites or domains deemed

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appropriate by the subscriber or the Internet access provider.

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     (c) Allow the subscriber to control a minor's use of the

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Internet remotely through the use of online capability or monitor

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a minor's use of the Internet by providing a report to the

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subscriber of the specific websites or domains that the minor has

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visited or has attempted to visit but could not access because

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the websites or domains were blocked or restricted by the

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subscriber.

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     (3) For the purposes of subsection (2), an Internet access

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provider is deemed to know that a subscriber resides within this

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state if the subscriber identifies this state as his or her place

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of residence at the time of subscription.

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     (4) If a product or service described in subsection (2) is

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reasonably and commercially available for the technology used by

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the subscriber to access the Internet, the Internet access

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provider:

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     (a) Shall make available to the subscriber, at or near the

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time of subscription, information concerning the availability of

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the product or service described in subsection (2).

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     (b) May make the product or service described in subsection

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(2) available to the subscriber directly or through a third-party

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vendor.

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     Section 9. (1)(a) An interactive computer service, as

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defined in s. 668.602, Florida Statutes, shall, upon the request

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of any law enforcement agency investigating an offense listed in

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s. 775.21(4)(a)1. or s. 943.0435(1)(a)1., Florida Statutes, which

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involves a minor victim, take all necessary steps to preserve

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records and all other evidence in its possession pending issuance

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of a court order or other legal process. The interactive computer

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service shall comply with the request as soon as possible

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following receipt.

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     (b) Records and evidence referred to in paragraph (a) shall

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be retained for a period of 90 days, which shall be extended for

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an additional 90-day period upon a renewed request by the law

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enforcement agency.

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     (2) In connection with any criminal investigation regarding

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an offense listed in s. 775.21(4)(a)1. or s. 943.0435(1)(a)1.,

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Florida Statutes, which involves a minor victim and immediate

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danger of death or serious bodily harm, a law enforcement agency

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in this state may issue a request, without compulsory legal

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process or court order, to an interactive computer service to

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disclose, consistent with 18 U.S.C. s. 2702(c)(4), the

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information identified in 18 U.S.C. s. 2703(c)(2). The service

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shall communicate with the requesting agency to discuss the

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nature of the request and to coordinate an appropriate response

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immediately and without delay.

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     (3) Subsections (1) and (2) shall be construed in a manner

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that is consistent with the requirements of federal law which

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apply to providers of an electronic communications service,

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including, but not limited to, 18 U.S.C. ss. 2701 et seq. and 42

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U.S.C. s. 13032.

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     Section 10.  Section 847.0141, Florida Statutes, is created

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to read:

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     847.0141 Reporting child pornography violations.--An

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interactive computer service, as defined s. 668.602, which is

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doing business in this state and obtains knowledge of facts or

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circumstances from which a violation of any law in this state

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prohibiting child pornography is apparent shall make a report, as

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soon as reasonably possible, of such facts or circumstances to

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the National Center for Missing and Exploited Children consistent

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with the requirements of 42 U.S.C. s. 13032.

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     Section 11.  Section 943.0437, Florida Statutes, is amended

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to read:

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     943.0437  Commercial social networking websites.--

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     (1) For the purpose of this section, the term:

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     (a) "Commercial social networking website" means a

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commercially operated Internet website that allows users to

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create web pages or profiles that provide information about

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themselves and are available publicly or to other users and that

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offers a mechanism for communication with other users, such as a

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forum, chat room, electronic mail, or instant messenger.

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     (b) "Interactive computer service" has the same meaning as

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provided in s. 668.602.

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     (2)  The department may provide information relating to

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electronic mail addresses and instant message names maintained as

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part of the sexual offender registry to interactive computer

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services, commercial social networking websites, or third parties

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designated by commercial social networking websites. Each

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interactive computer service and The commercial social networking

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website may use this information for the purpose of comparing

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registered users and screening potential users of its interactive

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computer service or the commercial social networking website

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against the list of electronic mail addresses and instant message

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names provided by the department.

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     (3)  This section shall not be construed to impose any civil

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liability on an interactive computer service or a commercial

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social networking website for:

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     (a)  Any action voluntarily taken in good faith to remove or

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disable any profile of a registered user associated with an

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electronic mail address or instant message name contained in the

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state sexual offender registry or the National Sex Offender

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Registry.

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     (b)  Any action taken to restrict access by such registered

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user to an interactive computer service or a the commercial

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social networking website.

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     (c) Failing to take any action to restrict access by a

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registered user described in paragraph (a) to an interactive

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computer service or a commercial social networking website.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 29, after the semicolon,

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insert:

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defining the term "Internet access provider"; requiring

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providers to make available to customers in this state a

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product or service that enables the subscriber to regulate

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a minor's use of the service to access the Internet if

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certain conditions exist; providing requirements for such

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a product or service; requiring that interactive computer

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services take necessary steps to preserve records and

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evidence upon the request of law enforcement agencies

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investigating specified crimes involving minor victims;

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requiring retention of such records and information for

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specified periods; providing for compliance without

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compulsory legal process in investigations of certain

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offenses involving minor victims involving immediate

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danger of death or serious bodily harm; providing for

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construction of provisions in a manner consistent with

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specified federal laws; creating s. 847.0141, F.S.;

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requiring interactive computer services to make certain

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reports when a violation of child pornography laws is

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evident to such service; amending s. 943.0437, F.S.;

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defining the term "interactive computer service";

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authorizing the Department of Law Enforcement to provide

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interactive computer services certain information;

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providing that interactive computers services are not

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liable for taking or failing to take certain actions based

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on a registered user's association with an electronic mail

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address or instant message name contained in certain sex

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offender registries;

4/21/2008  4:49:00 PM     38-08059-08