Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 1792 Ì940812~Î940812 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/05/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Grall) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 501.1737, Florida Statutes, is created 6 to read: 7 501.1737 Age verification for online access to materials 8 harmful to minors.— 9 (1) As used in this section, the term: 10 (a) “Commercial entity” includes a corporation, limited 11 liability company, partnership, limited partnership, sole 12 proprietorship, and any other legally recognized entity. 13 (b) “Department” means the Department of Legal Affairs. 14 (c) “Distribute” means to issue, sell, give, provide, 15 deliver, transfer, transmit, circulate, or disseminate by any 16 means. 17 (d) “Material harmful to minors” means any material that: 18 1. The average person applying contemporary community 19 standards would find, taken as a whole, appeals to the prurient 20 interest; 21 2. Depicts or describes, in a patently offensive way, 22 sexual conduct as specifically defined in s. 847.001(19); and 23 3. When taken as a whole, lacks serious literary, artistic, 24 political, or scientific value for minors. 25 (e) “News-gathering organization” means any of the 26 following: 27 1. A newspaper, news publication, or news source, printed 28 or published online or on a mobile platform, engaged in 29 reporting current news and matters of public interest, and an 30 employee thereof who can provide documentation of such 31 employment. 32 2. A radio broadcast station, television broadcast station, 33 cable television operator, or wire service, and an employee 34 thereof who can provide documentation of such employment. 35 (f) “Publish” means to communicate or make information 36 available to another person or entity on a publicly available 37 website or application. 38 (g) “Reasonable age verification methods” means any 39 commercially reasonable method regularly used by government 40 agencies or businesses for the purpose of age and identity 41 verification. 42 (h) “Substantial portion” means more than 33.3 percent of 43 total material on a website or application. 44 (2) A commercial entity that knowingly and intentionally 45 publishes or distributes material harmful to minors on a website 46 or application, if the website or application contains a 47 substantial portion of material harmful to minors, must: 48 (a) Perform reasonable age verification methods to verify 49 the age of a person attempting to access the material is 18 50 years of age or older and prevent access to the material by a 51 person younger than 18 years of age. The reasonable age 52 verification method must be conducted by a nongovernmental, 53 independent, third-party not affiliated with the commercial 54 entity. 55 (b) Provide an easily accessible link or function on its 56 homepage, landing page, or age verification page to allow a 57 minor user or the confirmed parent or guardian of a minor user 58 to report unauthorized or unlawful access. Within 5 days after 59 such report, the commercial entity must prohibit or block future 60 access by such minor. 61 (3) A commercial entity or third party that performs 62 reasonable age verification methods may not retain any personal 63 identifying information of the person seeking online access to 64 material harmful to minors any longer than is reasonably 65 necessary to verify the age of the person. Any personal 66 identifying information collected for age verification may not 67 be used for any other purpose. 68 (4)(a) This section does not apply to any bona fide news or 69 public interest broadcast, website video, report, or event and 70 does not affect the rights of a news-gathering organization. 71 (b) An Internet service provider or its affiliates or 72 subsidiaries, a search engine, or a cloud service provider does 73 not violate this section solely for providing access or 74 connection to or from a website or other information or content 75 on the Internet or a facility, system, or network not under the 76 provider’s control, including transmission, downloading, 77 intermediate storage, or access software, to the extent the 78 provider is not responsible for the creation of the content of 79 the communication which constitutes material harmful to minors. 80 (5)(a) Any violation of subsection (2) or subsection (3) is 81 an unfair and deceptive trade practice actionable under part II 82 of this chapter solely by the department on behalf of a Florida 83 minor against a commercial entity. If the department has reason 84 to believe that a commercial entity is in violation of 85 subsection (2) or subsection (3), the department, as the 86 enforcing authority, may bring an action against the commercial 87 entity for an unfair or deceptive act or practice. For the 88 purpose of bringing an action pursuant to this section, ss. 89 501.211 and 501.212 do not apply. In addition to any other 90 remedy under part II of this chapter, the department may collect 91 a civil penalty of up to $50,000 per violation of this section. 92 (b) A commercial entity that violates subsection (2) for 93 failing to prohibit or block a minor from future access to 94 material harmful to minors after a report of unauthorized or 95 unlawful access is liable to the minor for such access, 96 including court costs and reasonable attorney fees as ordered by 97 the court. Claimants may be awarded up to $10,000 in damages. A 98 civil action for a claim under this paragraph must be brought 99 within 1 year after the violation. 100 (c) Any action under this subsection may only be brought on 101 behalf of or by a Florida minor. 102 (6) For purposes of bringing an action under subsection 103 (5), a commercial entity that publishes or distributes material 104 harmful to minors on a website or application, if the website or 105 application contains a substantial portion of material harmful 106 to minors and such website or application is available to be 107 accessed in Florida, is considered to be both engaged in 108 substantial and not isolated activities within this state and 109 operating, conducting, engaging in, or carrying on a business 110 and doing business in this state, and is therefore subject to 111 the jurisdiction of the courts of this state. 112 (7) This section does not preclude any other available 113 remedy at law or equity. 114 (8) The department may adopt rules to implement this 115 section. 116 Section 2. This act shall take effect July 1, 2024. 117 118 ================= T I T L E A M E N D M E N T ================ 119 And the title is amended as follows: 120 Delete everything before the enacting clause 121 and insert: 122 A bill to be entitled 123 An act relating to online access to materials harmful 124 to minors; creating s. 501.1737, F.S.; providing 125 definitions; requiring a commercial entity that 126 publishes or distributes material harmful to minors on 127 a website or application that contains a substantial 128 portion of such material to perform reasonable age 129 verification methods, prevent access to such material 130 by minors, and provide methods for reporting 131 unauthorized or unlawful access; prohibiting the 132 retention of certain personal identifying information; 133 providing applicability and construction; authorizing 134 the Department of Legal Affairs to bring an action for 135 violations under the Florida Deceptive and Unfair 136 Trade Practices Act; providing civil penalties; 137 providing for private causes of action; providing that 138 certain commercial entities are subject to the 139 jurisdiction of state courts; providing construction; 140 authorizing the department to adopt rules; providing 141 an effective date.