Florida Senate - 2024                                    SB 1792
       
       
        
       By Senator Grall
       
       
       
       
       
       29-01312B-24                                          20241792__
    1                        A bill to be entitled                      
    2         An act relating to online access to materials harmful
    3         to minors; creating s. 501.1737, F.S.; defining terms;
    4         requiring a commercial entity that knowingly and
    5         intentionally publishes or distributes material
    6         harmful to minors on a website or application that
    7         contains a substantial portion of such material to
    8         perform reasonable age verification methods and
    9         methods for reporting unauthorized or unlawful access;
   10         prohibiting the retention of certain personal
   11         identifying information; providing applicability and
   12         construction; authorizing the Department of Legal
   13         Affairs to bring an action for violations under the
   14         Florida Deceptive and Unfair Trade Practices Act;
   15         providing civil penalties; providing for private
   16         causes of action; providing that certain commercial
   17         entities are subject to the jurisdiction of state
   18         courts; providing construction; authorizing the
   19         department to adopt rules; providing an effective
   20         date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 501.1737, Florida Statutes, is created
   25  to read:
   26         501.1737Age verification for online access to materials
   27  harmful to minors.—
   28         (1)As used in this section, the term:
   29         (a)“Commercial entity” includes a corporation, limited
   30  liability company, partnership, limited partnership, sole
   31  proprietorship, and any other legally recognized entity.
   32         (b)“Department” means the Department of Legal Affairs.
   33         (c)“Distribute” means to issue, sell, give, provide,
   34  deliver, transfer, transmute, circulate, or disseminate by any
   35  means.
   36         (d)“Material harmful to minors” means any material that:
   37         1.The average person, applying contemporary community
   38  standards, would find, taken as a whole, appeals to the prurient
   39  interest;
   40         2.Depicts or describes, in a patently offensive way,
   41  sexual conduct as defined in s. 847.001; and
   42         3.Taken as a whole, lacks serious literary, artistic,
   43  political, or scientific value for minors.
   44         (e)“News-gathering organization” means any of the
   45  following:
   46         1.A newspaper, news publication, or news source, printed
   47  or published online or on a mobile platform, engaged in
   48  reporting current news and matters of public interest, and
   49  includes an employee who can provide documentation of such
   50  employment.
   51         2.A radio broadcast station, television broadcast station,
   52  cable television operator, or wire service, and includes an
   53  employee who can provide documentation of such employment.
   54         (f)“Publish” means to communicate or make information
   55  available to another person or entity on a publicly available
   56  website or application.
   57         (g)“Reasonable age verification methods” means any
   58  commercially reasonable method regularly used by government
   59  agencies and businesses for the purpose of age and identity
   60  verification.
   61         (h)“Substantial portion” means more than 33.3 percent of
   62  total material on a website or application.
   63         (2)A commercial entity that knowingly and intentionally
   64  publishes or distributes material harmful to minors on a website
   65  or application, if such website or application contains a
   66  substantial portion of material harmful to minors, must:
   67         (a)Perform reasonable age verification methods to verify
   68  that the age of a person attempting to access the material is 18
   69  years of age or older, and prevent access to such material by a
   70  person under 18 years of age. The reasonable age verification
   71  method must be conducted by an independent third party not
   72  affiliated with the commercial entity.
   73         (b)Provide an easily accessible link or function on its
   74  homepage, landing page, or age verification page to allow a
   75  minor user or the confirmed parent or guardian of a minor user
   76  to report unauthorized or unlawful access. Within 5 days after
   77  such report, the commercial entity must prohibit or block future
   78  access by such minor.
   79         (3)A commercial entity or third party that performs
   80  reasonable age verification methods may not retain any personal
   81  identifying information of the person seeking online access to
   82  material harmful to minors any longer than is reasonably
   83  necessary to verify the age of the person. Any personal
   84  identifying information collected for age verification may not
   85  be used for any other purpose.
   86         (4)(a)This section does not apply to any bona fide news or
   87  public interest broadcast, website video, report, or event and
   88  does not affect the rights of a news-gathering organization.
   89         (b)An Internet service provider or its affiliates or
   90  subsidiaries, a search engine, or a cloud service provider does
   91  not violate this section solely for providing access or
   92  connection to or from a website or other information or content
   93  on the Internet or a facility, system, or network not under the
   94  provider’s control, including transmission, downloading,
   95  intermediate storage, or access software, to the extent the
   96  provider is not responsible for the creation of the content of
   97  the communication which constitutes material harmful to minors.
   98         (5)(a)Any violation of subsection (2) or subsection (3) is
   99  an unfair and deceptive trade practice actionable under part II
  100  of this chapter solely by the department on behalf of a Florida
  101  minor against a commercial entity. If the department has reason
  102  to believe that a commercial entity is in violation of
  103  subsection (2) or subsection (3), the department, as the
  104  enforcing authority, may bring an action against the commercial
  105  entity for an unfair or deceptive act or practice. For the
  106  purpose of bringing an action pursuant to this section, ss.
  107  501.211 and 501.212 do not apply. In addition to any other
  108  remedy under part II of this chapter, the department may collect
  109  a civil penalty of up to $50,000 per violation of this section.
  110         (b)A commercial entity that violates subsection (2) for
  111  failing to prohibit or block a minor from future access to
  112  material harmful to minors after a report of unauthorized or
  113  unlawful access is liable to the minor for such access,
  114  including court costs and reasonable attorney fees as ordered by
  115  the court. Claimants may be awarded up to $10,000 in damages. A
  116  civil action for a claim under this paragraph must be brought
  117  within 1 year after the violation.
  118         (c)Any action under this subsection may only be brought on
  119  behalf of or by a Florida minor.
  120         (6)For purposes of bringing an action under subsection
  121  (5), a commercial entity that publishes or distributes material
  122  harmful to minors on a website or application, if such website
  123  or application contains a substantial portion of material
  124  harmful to minors and such website or application is available
  125  to be accessed in Florida, is considered to be both engaged in
  126  substantial and not isolated activities within this state and
  127  operating, conducting, engaging in, or carrying on a business
  128  and doing business in this state, and is therefore subject to
  129  the jurisdiction of the courts of this state.
  130         (7)This section does not preclude any other available
  131  remedy at law or equity.
  132         (8)The department may adopt rules to implement this
  133  section.
  134         Section 2. This act shall take effect July 1, 2024.