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         501.1737Age 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.