1

A bill to be entitled

2

An act relating to the protection of minors online;

3

defining the term "Internet access provider"; requiring

4

providers to make available to customers in this state a

5

product or service that enables the subscriber to regulate

6

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

7

certain conditions exist; providing requirements for such

8

a product or service; requiring that interactive computer

9

services take necessary steps to preserve records and

10

evidence upon request of law enforcement agencies

11

investigating specified crimes involving minor victims;

12

requiring retention of such records and information for

13

specified periods; providing search warrant compliance

14

requirements for interactive computer services for

15

investigations of specified offenses involving minor

16

victims; providing for compliance without compulsory legal

17

process in investigations of certain offenses involving

18

minor victims involving immediate danger of death or

19

serious bodily harm; providing for construction of

20

provisions in a manner consistent with specified federal

21

laws; creating s. 847.0141, F.S.; requiring interactive

22

computer services to make certain reports when a violation

23

of child pornography laws is evident to such service;

24

amending ss. 800.04 and 847.0135, F.S.; providing that it

25

is not a defense to charges of certain offenses involving

26

minor victims that the alleged victim was, in fact, a law

27

enforcement officer posing as such minor victim; amending

28

s. 943.043, F.S.; requiring the Department of Law

29

Enforcement to make electronic mail and instant message

30

name information collected from sexual predators and

31

sexual offenders available to certain entities for

32

specified purposes; providing that interactive computers

33

services are not liable for specified actions based on a

34

good faith belief that a user is listed in a sex offender

35

registry; creating s. 948.33, F.S.; providing for lifetime

36

supervision of Internet activities of specified sexual

37

offenders whose offenses involved minor victims; providing

38

for conduct of such supervision; specifying the

39

requirements for such supervision; permitting certain

40

offenders to have their Internet access limited or

41

restricted; providing for petitions for release from such

42

supervision; providing penalties; amending s. 1003.42,

43

F.S.; providing a requirement for Internet safety

44

instruction for students; providing related duties for the

45

Department of Education; providing an effective date.

46

47

Be 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 access

51

provider" means an entity that provides consumers with public

52

access to the Internet.

53

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

54

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

55

provider shall make available to the subscriber a product or

56

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

57

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

58

is reasonably and commercially available for the technology used

59

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

60

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

61

the following:

62

     (a) Block access to specific websites or domains

63

disapproved by the subscriber.

64

     (b) Restrict access exclusively to specific websites or

65

domains approved by the subscriber.

66

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

67

Internet by providing a report to the subscriber of the specific

68

websites or domains that the minor has visited or has attempted

69

to visit but could not access because the websites or domains

70

were blocked or restricted by the subscriber.

71

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

72

provider shall be deemed to know that a subscriber resides within

73

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

74

place of residence at the time of subscription.

75

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

76

reasonably and commercially available for the technology used by

77

the subscriber to access the Internet, the provider of Internet

78

access:

79

     (a) Shall provide to the subscriber, at the time of

80

subscription, information concerning the availability of the

81

product or service described in subsection (2).

82

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

83

(2) available to the subscriber either directly or through a

84

third-party vendor.

85

     Section 2. (1)(a) An interactive computer service, as

86

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

87

of any law enforcement agency investigating an offense involving

88

a minor victim that is listed in s. 775.21(4)1., Florida

89

Statutes, or s. 943.0435(1)(a)1., Florida Statutes, take all

90

necessary steps to preserve records and all other evidence in its

91

possession pending issuance of a court order or other legal

92

process. The interactive computer service shall comply with the

93

request as soon as possible following receipt.

94

     (b) Records referred to in paragraph (a) shall be retained

95

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

96

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

97

enforcement agency.

98

     (2)(a) An interactive computer service shall, after

99

receiving a search warrant as set forth in chapter 933 relating

100

to an investigation of an offense involving a minor victim that

101

is listed in s. 775.21(4)1., Florida Statutes, or s.

102

943.0435(1)(a)1., Florida Statutes, provide information

103

identified in 18 U.S.C. s. 2703(c)(2) that is in its possession;

104

except that if the service demonstrates to the requesting law

105

enforcement agency that, for bona fide technical reasons, it

106

cannot comply with the order within 15 days of the request, it

107

shall make every reasonable effort to comply with the request as

108

soon as reasonably possible.

109

     (b) In connection with any criminal investigation regarding

110

a possible sex offense involving a minor that is listed in s.

111

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

112

Statutes, that involves immediate danger of death or serious

113

bodily harm, a law enforcement agency in this state may issue a

114

request, without compulsory legal process or court order, to a

115

designated recipient of the interactive computer service to

116

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

117

information identified in paragraph (a). The service shall

118

communicate with the requesting agency to discuss the nature of

119

the request and to coordinate an appropriate response immediately

120

and without delay.

121

     (3) Subsections (1) and (2) shall be interpreted in a

122

manner consistent with the requirements of federal law that apply

123

to providers of an electronic communications service, including,

124

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

125

13032.

126

     Section 3.  Section 847.0141, Florida Statutes, is created

127

to read:

128

     847.0141 Reporting child pornography violations.--An

129

interactive computer service, as defined in s. 668.602, that is

130

doing business in this state and that obtains knowledge of facts

131

or circumstances from which a violation of any law in this state

132

prohibiting child pornography is apparent shall make a report, as

133

soon as reasonably possible, of such facts or circumstances to

134

the National Center for Missing and Exploited Children consistent

135

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

136

     Section 4.  Paragraph (e) is added to subsection (7) of

137

section 800.04, Florida Statutes, to read:

138

     800.04  Lewd or lascivious offenses committed upon or in the

139

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

142

subsection that the victim was actually a law enforcement officer

143

posing as a person less than 16 years of age.

144

     Section 5.  Subsection (8) is added to section 847.0135,

145

Florida Statutes, to read:

146

     847.0135  Computer pornography; traveling to meet minor;

147

penalties.--

148

     (8) NOT A DEFENSE.--It shall not be a defense to a charge

149

under this section that the victim was actually a law enforcement

150

officer posing as a minor.

151

     Section 6.  Subsections (6) and (7) are added to section

152

943.043, Florida Statutes, to read:

153

     943.043  Toll-free telephone number; Internet notification;

154

sexual predator and sexual offender information; interactive

155

computer service liability.--

156

     (6) The department shall make the electronic mail and

157

instant message name information collected from sexual predators

158

and sexual offenders available through a formal mechanism to any

159

commercial or nonprofit entity, including child safety

160

organizations, educational institutions, and interactive computer

161

services as defined in s. 668.602, for the purpose of protecting

162

minors from sexual predators and sexual offenders.

163

     (7) No provider of an interactive computer service shall be

164

liable under this section or any other provision of law:

165

     (a) For identifying, removing, disabling, blocking, or

166

otherwise affecting a user based on a good faith belief that such

167

user's electronic mail address, instant message name, or other

168

similar Internet identifier appeared in the National Sex Offender

169

Registry or any analogous state registry; or

170

     (b) For failing to identify, block, or otherwise prevent a

171

person from registering for its service, or for failing to

172

remove, disable, or otherwise affect a registered user, whose

173

electronic mail address, instant message name, or other similar

174

Internet identifier appears in the National Sex Offender Registry

175

or any analogous state registry.

176

     Section 7.  Section 948.33, Florida Statutes, is created to

177

read:

178

     948.33 Online monitoring of certain sexual offenders.--

179

     (1) A person subject to additional restrictions under any

180

provision of s. 948.30 for an offense committed on or after

181

October 1, 2008, against a victim who was under 18 years of age

182

at the time of the offense shall, in addition to any other

183

provision of law, be subject to additional supervision for life

184

as provided in this section. The supervision shall be conducted

185

by a probation officer, law enforcement officer, or an assigned

186

computer information technology specialist in a form and manner

187

prescribed by the Attorney General. Conditions imposed pursuant

188

to this section do not require oral pronouncement at the time of

189

sentencing and shall be considered standard conditions of

190

probation or community control for offenders specified in this

191

section.

192

     (2) Persons subject to lifetime supervision under this

193

section shall be subject to:

194

     (a) Continued supervision, whether in person or remotely,

195

of his or her incoming and outgoing e-mail or other Internet-

196

based communication.

197

     (b) Continued supervision, either in person or remotely, of

198

his or her history of websites visited.

199

     (c) Periodic, unannounced inspections of the contents of

200

his or her computer and any other device with Internet access

201

owned or used by the offender. Such inspections may include, but

202

are not limited to, retrieval and copying of all data from the

203

device and any internal or external storage or portable media and

204

the removal of such information, computer, device, or media to

205

conduct an examination for evidence relevant to any offense that

206

is listed in s. 948.30 committed against a victim who was under

207

18 years of age at the time of the offense.

208

     (d) Allowing for the use of technologies to create a unique

209

identifier of his or her computer that will allow law enforcement

210

to track and monitor online activity.

211

     (3) If the Internet was used by the offender in the

212

commission of the offense described in subsection (1), the judge,

213

as a part of the offender's sentence, may limit or restrict the

214

offender's Internet access.

215

     (4) An offender subject to lifetime supervision under this

216

section may petition for release from supervision to the circuit

217

court having jurisdiction over the original offense. The offender

218

may not be released from supervision unless he or she shows by

219

clear and convincing evidence that he or she has not committed a

220

felony or misdemeanor of any type for 15 years since his or her

221

last conviction or release from incarceration, whichever is

222

later, and that the offender is not likely to pose a threat to

223

the safety of others if released from supervision.

224

     (5) An offender who violates a provision of supervision

225

under this section commits a felony of the third degree,

226

punishable as provided in s. 775.082, s. 775.083, or s. 775.084,

227

and, upon conviction, shall be sentenced to a mandatory minimum

228

term of imprisonment of 5 years unless the court finds that in

229

that particular case the interests of justice outweigh the need

230

to deter the crimes referenced in subsection (1) and that such a

231

sentence of imprisonment would be a manifest injustice.

232

     Section 8.  Paragraph (u) is added to subsection (2) of

233

section 1003.42, Florida Statutes, to read:

234

     1003.42  Required instruction.--

235

     (2)  Members of the instructional staff of the public

236

schools, subject to the rules of the State Board of Education and

237

the district school board, shall teach efficiently and

238

faithfully, using the books and materials required that meet the

239

highest standards for professionalism and historic accuracy,

240

following the prescribed courses of study, and employing approved

241

methods of instruction, the following:

242

     (u) Internet safety for students, taught at least once to

243

students in grade 3 or above in a way that is integrated in the

244

instructional program. The department shall develop a model

245

curriculum, taking into consideration similar curricula developed

246

by the other states as well as any other curricular materials

247

suggested by education experts, child psychologists, or

248

technology companies working on child online safety issues. The

249

department shall also provide each district with materials for

250

parents regarding child online safety.

251

252

The State Board of Education is encouraged to adopt standards and

253

pursue assessment of the requirements of this subsection.

254

     Section 9.  This act shall take effect October 1, 2008.