Florida Senate - 2025                             CS for SB 1400
       
       
        
       By the Committee on Commerce and Tourism; and Senator Calatayud
       
       
       
       
       
       577-02484-25                                          20251400c1
    1                        A bill to be entitled                      
    2         An act relating to removal of altered sexual
    3         depictions posted without consent; providing a short
    4         title; amending s. 836.13, F.S.; defining the term
    5         “covered platform”; requiring covered platforms to
    6         establish a process by a specified date for removal of
    7         altered sexual depictions posted without the consent
    8         of the identifiable person; providing requirements for
    9         such process; requiring notice of such a process;
   10         providing immunity for good faith compliance;
   11         prohibiting unreasonable failure to comply; providing
   12         for penalties and remedies; providing exceptions;
   13         providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. This act may be cited as “Brooke’s Law.”
   18         Section 2. Present paragraphs (b) through (e) of subsection
   19  (1) of section 836.13, Florida Statutes, are redesignated as
   20  paragraphs (c) through (f), respectively, a new paragraph (b) is
   21  added to that subsection, and present subsections (6), (7), and
   22  (8) of that section are redesignated as subsections (7), (8),
   23  and (9), respectively, and a new subsection (6) is added to that
   24  section, to read:
   25         836.13 Promotion of an altered sexual depiction; prohibited
   26  acts; penalties; applicability.—
   27         (1) As used in this section, the term:
   28         (b)“Covered platform” means a website, an online service,
   29  an online application, or a mobile application that serves the
   30  public and:
   31         1.That primarily provides a forum for user-generated
   32  content, including messages, videos, images, games, and audio
   33  files; or
   34         2.For which it is in the regular course of trade or
   35  business of the website, online service, online application, or
   36  mobile application to publish, curate, host, or make available
   37  content of nonconsensual altered sexual depictions.
   38         (6)(a)No later than December 31, 2025, a covered platform
   39  shall establish a process whereby an identifiable person or an
   40  authorized person acting on behalf of such person may:
   41         1.Notify the covered platform of an altered sexual
   42  depiction published on the covered platform which includes a
   43  depiction of the identifiable person and was published without
   44  the consent of the identifiable person; and
   45         2.Submit a request for the covered platform to remove such
   46  altered sexual depiction.
   47         (b)A notification and request for removal of an altered
   48  sexual depiction submitted under the process in paragraph (a)
   49  must include, in writing:
   50         1.A physical or electronic signature of the identifiable
   51  person or authorized person.
   52         2.An identification of, and information reasonably
   53  sufficient for the covered platform to locate, the altered
   54  sexual depiction of the identifiable person.
   55         3.A brief statement that the identifiable person has a
   56  good faith belief that any altered sexual depiction identified
   57  under subparagraph 2. is not consensual, including any relevant
   58  information for the covered platform to determine whether the
   59  altered sexual depiction was published without the consent of
   60  the identifiable person.
   61         4.Information sufficient to enable the covered platform to
   62  contact the identifiable person or authorized person.
   63         (c)A covered platform shall provide on the platform a
   64  clear and conspicuous notice, which may be provided through a
   65  clear and conspicuous link to another web page or disclosure, of
   66  the notice and removal process established under paragraph (a)
   67  which:
   68         1.Is easy to read and in plain language.
   69         2.Provides information regarding the responsibilities of
   70  the covered platform under this subsection, including a
   71  description of how a person can submit a notification and
   72  request for removal.
   73         (d)Upon receiving a valid removal request from an
   74  identifiable person or an authorized person using the process
   75  described in paragraph (a), a covered platform shall, as soon as
   76  possible, but not later than 48 hours after receiving such
   77  request:
   78         1.Remove the altered sexual depiction.
   79         2.Make reasonable efforts to identify and remove any known
   80  identical copies of such altered sexual depiction.
   81         (e)A covered platform is not liable for any claim based on
   82  the covered platform’s good faith disabling of access to, or
   83  removal of, material claimed to be a nonconsensual altered
   84  sexual depiction based on facts or circumstances from which the
   85  unlawful publishing of an altered sexual depiction is apparent,
   86  regardless of whether the altered sexual depiction is ultimately
   87  determined to be unlawful.
   88         (f)In addition to the remedies under subsection (5), a
   89  failure to reasonably comply with the notice and removal
   90  obligations under this subsection shall be treated as an unfair
   91  or a deceptive act or practice under part II of chapter 501, and
   92  the person or entity responsible shall be subject to the
   93  penalties and remedies provided in part II of chapter 501.
   94         (g)This subsection does not apply to the following:
   95         1.A provider of information service or telecommunications
   96  service, as those terms are defined in 47 U.S.C. s. 153, for
   97  content provided by another person.
   98         2.Electronic mail.
   99         3.Except as provided in subparagraph (1)(b)2., an online
  100  service, application, or website:
  101         a.That consists primarily of content that is not user
  102  generated but is preselected by the provider of such online
  103  service, application, or website; and
  104         b.For which any chat, comment, or interactive
  105  functionality is incidental to, directly related to, or
  106  dependent on the provision of the content described in sub
  107  subparagraph a.
  108         Section 3. This act shall take effect upon becoming a law.