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: 26 501.1737 Age 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.