Florida Senate - 2024 CS for SB 1792 By the Committee on Judiciary; and Senators Grall and Garcia 590-02931-24 20241792c1 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.; providing 4 definitions; requiring a commercial entity that 5 publishes or distributes material harmful to minors on 6 a website or application that contains a substantial 7 portion of such material to perform reasonable age 8 verification methods, prevent access to such material 9 by minors, and provide methods for reporting 10 unauthorized or unlawful access; prohibiting the 11 retention of certain personal identifying information; 12 providing applicability and construction; authorizing 13 the Department of Legal Affairs to bring an action for 14 violations under the Florida Deceptive and Unfair 15 Trade Practices Act; providing civil penalties; 16 providing for private causes of action; providing that 17 certain commercial entities are subject to the 18 jurisdiction of state courts; providing construction; 19 authorizing the department to adopt rules; providing 20 an effective 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, transmit, 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 specifically defined in s. 847.001(19); and 42 3. When 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 an 49 employee thereof 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 an employee 53 thereof 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 or 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 the website or application contains a 66 substantial portion of material harmful to minors, must: 67 (a) Perform reasonable age verification methods to verify 68 the age of a person attempting to access the material is 18 69 years of age or older and prevent access to the material by a 70 person younger than 18 years of age. The reasonable age 71 verification method must be conducted by a nongovernmental, 72 independent, third-party not affiliated with the commercial 73 entity. 74 (b) Provide an easily accessible link or function on its 75 homepage, landing page, or age verification page to allow a 76 minor user or the confirmed parent or guardian of a minor user 77 to report unauthorized or unlawful access. Within 5 days after 78 such report, the commercial entity must prohibit or block future 79 access by such minor. 80 (3) A commercial entity or third party that performs 81 reasonable age verification methods may not retain any personal 82 identifying information of the person seeking online access to 83 material harmful to minors any longer than is reasonably 84 necessary to verify the age of the person. Any personal 85 identifying information collected for age verification may not 86 be used for any other purpose. 87 (4)(a) This section does not apply to any bona fide news or 88 public interest broadcast, website video, report, or event and 89 does not affect the rights of a news-gathering organization. 90 (b) An Internet service provider or its affiliates or 91 subsidiaries, a search engine, or a cloud service provider does 92 not violate this section solely for providing access or 93 connection to or from a website or other information or content 94 on the Internet or a facility, system, or network not under the 95 provider’s control, including transmission, downloading, 96 intermediate storage, or access software, to the extent the 97 provider is not responsible for the creation of the content of 98 the communication which constitutes material harmful to minors. 99 (5)(a) Any violation of subsection (2) or subsection (3) is 100 an unfair and deceptive trade practice actionable under part II 101 of this chapter solely by the department on behalf of a Florida 102 minor against a commercial entity. If the department has reason 103 to believe that a commercial entity is in violation of 104 subsection (2) or subsection (3), the department, as the 105 enforcing authority, may bring an action against the commercial 106 entity for an unfair or deceptive act or practice. For the 107 purpose of bringing an action pursuant to this section, ss. 108 501.211 and 501.212 do not apply. In addition to any other 109 remedy under part II of this chapter, the department may collect 110 a civil penalty of up to $50,000 per violation of this section. 111 (b) A commercial entity that violates subsection (2) for 112 failing to prohibit or block a minor from future access to 113 material harmful to minors after a report of unauthorized or 114 unlawful access is liable to the minor for such access, 115 including court costs and reasonable attorney fees as ordered by 116 the court. Claimants may be awarded up to $10,000 in damages. A 117 civil action for a claim under this paragraph must be brought 118 within 1 year after the violation. 119 (c) Any action under this subsection may only be brought on 120 behalf of or by a Florida minor. 121 (6) For purposes of bringing an action under subsection 122 (5), a commercial entity that publishes or distributes material 123 harmful to minors on a website or application, if the website or 124 application contains a substantial portion of material harmful 125 to minors and such website or application is available to be 126 accessed in Florida, is considered to be both engaged in 127 substantial and not isolated activities within this state and 128 operating, conducting, engaging in, or carrying on a business 129 and doing business in this state, and is therefore subject to 130 the jurisdiction of the courts of this state. 131 (7) This section does not preclude any other available 132 remedy at law or equity. 133 (8) The department may adopt rules to implement this 134 section. 135 Section 2. This act shall take effect July 1, 2024.