Florida Senate - 2021 SB 1308 By Senator Bradley 5-01633A-21 20211308__ 1 A bill to be entitled 2 An act relating to sexually explicit images of minors; 3 creating s. 847.01358, F.S.; defining terms; creating 4 a cause of action against an interactive computer 5 service for unlawful practices; providing for 6 compensatory damages, injunctive relief, and civil 7 penalties; providing for awards of attorney fees and 8 costs; providing for use of pseudonyms for victims; 9 amending s. 92.56, F.S.; conforming provisions to 10 changes made by the act; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Section 847.01358, Florida Statutes, is created 15 to read: 16 847.01358 Cause of action for failure of an interactive 17 computer service to remove a sexually explicit image involving a 18 minor.— 19 (1) As used in this section, the term: 20 (a) “Interactive computer service” means any information 21 service, system, or access software provider that provides or 22 enables computer access by multiple users to a computer server, 23 including specifically a service or system that provides access 24 to the Internet and such systems operated or services offered by 25 libraries or educational institutions. 26 (b) “Minor” means a person who has not attained the age of 27 18 years. 28 (c) “Sexually explicit image depicting a minor” means a 29 sexually explicit image as defined in s. 784.049(2) which 30 depicts as its subject a person who was a minor at the time of 31 the depiction. 32 (2) To the extent not inconsistent with federal law and 33 notwithstanding any other provision of state or local law, a 34 person who, when a minor, was the subject of a sexually explicit 35 image depicting a minor may bring a civil action against an 36 interactive computer service if the interactive computer service 37 fails to remove such image within 24 hours of being notified in 38 writing of the image’s existence on the platform. If the 39 plaintiff in such action is a minor, the action may be brought 40 on the minor’s behalf by a parent or guardian as authorized by 41 law. 42 (3)(a) In a civil action brought under subsection (2), the 43 court may award compensatory damages and may grant equitable 44 relief, including injunctive relief, to a prevailing plaintiff. 45 The court may also award punitive damages if the defendant’s 46 conduct was willful. 47 (b) In addition to the remedies in paragraph (a), the court 48 may impose a civil penalty of $100,000 per day for noncompliance 49 with an injunction. Funds collected from this civil penalty 50 shall be deposited in the Crimes Compensation Trust Fund created 51 in s. 960.21 to provide benefits under the Florida Crimes 52 Compensation Act. The court shall award reasonable attorney fees 53 and court costs related to the issuance of the injunction. 54 (4) A victim who has a bona fide claim under this section 55 shall, upon request, be provided a pseudonym, pursuant to s. 56 92.56(3), which shall be issued and maintained by the Department 57 of Legal Affairs for use in all legal pleadings. This identifier 58 shall be fully recognized in all courts in this state as a valid 59 legal identity. 60 Section 2. Subsection (3) of section 92.56, Florida 61 Statutes, is amended to read: 62 92.56 Judicial proceedings and court records involving 63 sexual offenses and human trafficking.— 64 (3) The state may use a pseudonym instead of the victim’s 65 name to designate the victim of a crime described in s. 66 787.06(3)(a)1., (c)1., or (e)1., in s. 787.06(3)(b), (d), (f), 67 or (g), or in chapter 794 or chapter 800, or of child abuse, 68 aggravated child abuse, or sexual performance by a child as 69 described in chapter 827, or any crime involving the production, 70 possession, or promotion of child pornography as described in 71 chapter 847, or at the request of a victim in an action under s. 72 847.01358, in all court records and records of court 73 proceedings, both civil and criminal. 74 Section 3. This act shall take effect July 1, 2021.