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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to online access to materials harmful 2
to minors; creating s. 282.803, F.S.; providing 3
definitions; requiring a developer to, beginning on a 4
specified date, make specific determination about 5
covered applications, provide notice to applicatio n 6
stores about such applications, and provide certain 7
features for parents to protect a user that is a 8
child; requiring a covered manufacturer to, beginning 9
on a specified date, take certain steps to determine 10
specified information about the user, provide certain 11
notices, and provide developers of covered 12
applications with a specified means to verify the age 13
of a user; providing requirements for devices sold 14
before a specified date; providing construction; 15
requiring an application store to establish 16
nondiscriminatory practices; providing for enforcement 17
actions by the Attorney General; providing an 18
affirmative defense; providing a limitation on 19
liability for a covered manufacturer under certain 20
circumstances; amending s. 501.1737, F.S.; revising 21
and providing definitions; revising the age 22
verification method used by certain commercial 23
entities to verify the age of a person accessing 24
certain material; providing an exception; requiring a 25
covered manufacturer to ensure certain statutory 26
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requirements are met; aut horizing the Department of 27
Legal Affairs to bring an action against covered 28
manufacturers; authorizing the imposition of civil 29
penalties against covered manufacturers; removing 30
certain liability and damage provisions for certain 31
commercial entities; removi ng provisions relating to 32
public records exemptions and the Open Government 33
Sunset Review Act; removing the definition of the term 34
"proprietary information"; creating s. 501.1741, F.S.; 35
requiring covered manufactures to take certain steps 36
upon activation of a device; requiring certain 37
websites, applications, or online services to take 38
certain actions based on the amount of material 39
harmful to minors found on such website, application, 40
or online service; requiring covered manufacturers to 41
comply with statutory requirements in a 42
nondiscriminatory manner; prohibiting covered 43
manufacturers from taking certain actions; authorizing 44
the Department of Legal Affairs to adopt rules and 45
regulations; providing preemption; providing an 46
effective date. 47
48
Be It Enacted by the Legislature of the State of Florida: 49
50
Section 1. Section 282.803, Florida Statutes, is created 51
to read: 52
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282.803 Online application store. — 53
(1) As used in this section, the term: 54
(a) "Application store" means a publicly available 55
website, software application, or online service that 56
distributes third-party platform software applications to a 57
computer, a mobile device, or any other general purpose 58
computing device. 59
(b) "Child" means an individual consumer under 18 years of 60
age. 61
(c) "Covered application" means a software application, 62
website, or other online service that is likely to be accessed 63
by children and that is intended to be run or directed by a user 64
on a computer, mobile device, or any other general purpose 65
computing device. The t erm does not include a broadband Internet 66
access service as defined in 47 C.F.R. s. 8.1(B); a 67
telecommunications service as defined in 47 U.S.C. s. 153; or 68
the delivery or use of a physical product unconnected to the 69
Internet. 70
(d) "Covered entity" means a covered manufacturer or 71
developer of a covered application. 72
(e) "Covered manufacturer" means a manufacturer of a 73
device, an operating system for a device, or an application 74
store. 75
(f) "Developer" means any person, entity, or organization 76
that creates, owns, or controls an application and is 77
responsible for the design, development, maintenance, and 78
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distribution of the application to users through an application 79
store. 80
(g) "Device" means a device or a portion of a device that 81
is designed for and capab le of communicating across a computer 82
network with other computers or devices for the purpose of 83
transmitting, receiving, or storing data, including, but not 84
limited to, a desktop, a laptop, a cellular telephone, a tablet, 85
or any other device designed for and capable of communicating 86
with or across a computer network and that is used for such 87
purpose. The term does not include cable, fiber, or wireless 88
modems, and home routers whether standalone or combined with the 89
aforementioned modems; managed set -top boxes; and any physical 90
object that only supports communications within a closed user 91
group or private network available to a limited set of users. 92
(h) "Likely to be accessed by children" means it is 93
reasonable to expect that an application would be access ed by 94
children, based on satisfying any of the following criteria: 95
1. The application is determined, based on competent and 96
reliable evidence regarding audience composition, to be 97
routinely accessed by children; or 98
2. Internal research findings determine that the 99
application is routinely accessed by children. 100
(i) "Parent" means a biological, foster, or adoptive 101
parent; a stepparent; or a legal guardian. 102
(j) "User" means an individual consumer of covered 103
applications. 104
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(2) Beginning January 1, 2026: 105
(a) A developer of a covered application shall: 106
1. Determine whether an application the developer provides 107
is likely to be accessed by children and, if the application is 108
provided for distribution via an applicat ion store, provide 109
notice to such application store that the application is likely 110
to be accessed by children. 111
2. To the extent applicable and technically feasible, 112
provide readily available features for parents to protect a user 113
that is a child as appro priate to the risks that arise from the 114
child's use of the developer's covered application. This 115
includes providing features to help manage which accounts are 116
affirmatively linked to the user under the age of 18, to help 117
manage the delivery of age appropri ate content, and to limit the 118
amount of time that the user under the age of 18 spends daily on 119
the developer's covered application. 120
(b) A covered manufacturer shall take commercially 121
reasonable and technically feasible steps to: 122
1. Upon initial activat ion of a device, determine or 123
estimate the age of the device's primary user. 124
2. If the covered manufacturer is an application store: 125
a. Provide a mechanism for a developer to provide notice 126
that an application is likely to be accessed by children. 127
b. Obtain parental consent before permitting a known child 128
under 16 years of age to download a covered application from the 129
application store. 130
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c. Provide developers of covered applications in the 131
application store a signal regarding whether a parent has 132
provided consent when required under this subsection. 133
d. Provide the parent with the option to connect the 134
developer of such a covered application with the approving 135
parent for the purpose of facilitating parental supervision 136
tools. 137
3. Provide developer s of covered applications with a 138
digital signal via a real time application programming interface 139
regarding whether a user is: 140
a. Under 13 years of age. 141
b. At least 13 years of age and under 16 years of age. 142
c. At least 16 years of age and under 18 y ears of age. 143
d. At least 18 years of age. 144
4. Developers of covered applications may rely on age 145
signals and parental consent provided under subparagraph 2. for 146
purposes of complying with this paragraph. 147
(c) For devices sold before January 1, 2026, co vered 148
manufacturers shall ensure that the requirements under paragraph 149
(b) are included in its operating system and app store versions 150
and updates by default after January 1, 2027. 151
(3)(a) Except for the requirements provided in 152
subparagraph (2)(b)2., thi s section does not: 153
(b) Require a covered entity to access, collect, retain, 154
reidentify, or link information, that in the ordinary course of 155
business, would not otherwise be accessed, collected, retained, 156
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reidentified, or linked. 157
(c) Require a covered entity to implement new account 158
controls or safety settings if it is not necessary to comply 159
with this act. 160
(d) Modify, impair, or supersede the operation of any 161
antitrust law, including chapter 1331 of the Revised Code and 15 162
U.S.C. 1, et seq. 163
(4) An application store shall comply with this section in 164
a nondiscriminatory manner, including: 165
(a) Imposing at least the same restrictions and 166
obligations on its own applications and application distribution 167
as it does on those from third -party applications or application 168
distributors; 169
(b) Not using data collected from third parties, or 170
consent mechanisms deployed for third parties, in the course of 171
compliance with this subsection, for any of the following: 172
1. To compete against those third parties. 173
2. To give the application store's services preference 174
relative to those of third parties. 175
3. To otherwise use the data or consent mechanism in an 176
anticompetitive manner. 177
(5)(a) At least 45 days before the date on which the 178
Attorney General initiates an enforcement action against a 179
covered entity that is subject to the requirements of this 180
section, the Attorney General shall provide the covered entity 181
with a written notice that identifies each alleged violation and 182
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an explanation of the basis for each al legation. 183
(b) The Attorney General may not initiate an action if the 184
covered entity cures the violation or violations described in 185
the notice within 45 days after the notice is sent and provides 186
the Attorney General with a written statement indicating tha t 187
the violation is cured and that no further violations will 188
occur. 189
(c) If a covered entity continues to violate this section 190
in breach of an express written notice provided under paragraph 191
(6)(a), the Attorney General may bring a civil action and seek 192
damages for up to $2,500 per violation of this section not to 193
exceed $50,000. Damages shall begin accruing after completion of 194
the 45-day cure period in paragraph (6)(b). 195
(d) This subsection does not provide a private right of 196
action. The Attorney General has the exclusive authority to 197
enforce this section. 198
(e) Paragraph (a) does not apply if the covered entity 199
fails to timely cure all of the violations described in the 200
notice or commits a subsequent violation of the same type after 201
curing the initial vio lation under that paragraph. 202
(6) It is an affirmative defense to a violation of this 203
section if the developer acted in reasonable reliance on the 204
application store's determination or estimate that the user is 205
not a child. 206
(7) A covered manufacturer is not subject to liability for 207
failure to comply with this section if that covered manufacturer 208
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has taken commercially reasonable and technically feasible steps 209
to determine or estimate the age of the user of the device as 210
provided in paragraph (2)(b). 211
Section 2. Section 501.1737, Florida Statutes, is amended 212
to read: 213
501.1737 Age verification for online access to materials 214
harmful to minors.— 215
(1) As used in this section and s. 501.1741, the term: 216
(a) "Anonymous age verification" has the same meanin g as 217
in s. 501.1738. 218
(b) "Application store" means a publicly available 219
website, software application, or online service that 220
distributes third-party platforms' software applications to a 221
computer, a mobile device, or any other general -purpose 222
computing device. 223
(c)(b) "Commercial entity" includes a corporation, a 224
limited liability company, a partnership, a limited partnership, 225
a sole proprietorship, and any other legally recognized entity. 226
(d) "Covered manufacturer" means a manufacturer of a 227
device, an operating system for a device, or an application 228
store. 229
(e)(c) "Department" means the Department of Legal Affairs. 230
(f) "Device" means equipment or a portion of equipment 231
that is designed for and capable of communicating across a 232
computer network with other computers or devices for the purpose 233
of transmitting, receiving, or storing data, including, but not 234
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limited to, a desktop, a laptop, a cellular telephone, a tablet, 235
or any other device designed for and capable of communicating 236
with or across a comp uter network and that is used for such 237
purpose. 238
(g) "Digital age verification" means either anonymous age 239
verification, standard age verification, or device -based age 240
verification. 241
(h)(d) "Distribute" means to issue, sell, give, provide, 242
deliver, transfer, transmit, circulate, or disseminate by any 243
means. 244
(i)(e) "Material harmful to minors" means any material 245
that: 246
1. The average person applying contemporary community 247
standards would find, taken as a whole, appeals to the prurient 248
interest; 249
2. Depicts or describes, in a patently offensive way, 250
sexual conduct as specifically defined in s. 847.001(19); and 251
3. When taken as a whole, lacks serious literary, 252
artistic, political, or scientific value for minors. 253
(j)(f) "News-gathering organization" me ans any of the 254
following: 255
1. A newspaper, news publication, or news source, printed 256
or published online or on a mobile platform, engaged in 257
reporting current news and matters of public interest, and an 258
employee thereof who can provide documentation of su ch 259
employment. 260
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2. A radio broadcast station, television broadcast 261
station, cable television operator, or wire service, and an 262
employee thereof who can provide documentation of such 263
employment. 264
(k) "Operating system provider" means an entity that 265
develops, distributes, or maintains the operating system of, and 266
provides common services for, a device. The term includes the 267
design, programming, and supply of operating systems for various 268
devices such as smartphones, tablets, and other digital 269
equipment. 270
(l)(g) "Publish" means to communicate or make information 271
available to another person or entity on a publicly available 272
website or application. 273
(m)(h) "Resident" means a person who lives in this state 274
for more than 6 months of the year. 275
(n)(i) "Standard age verification" means any commercially 276
reasonable method of age verification approved by the commercial 277
entity. 278
(o)(j) "Substantial portion" means more than 33.3 percent 279
of total material on a website or application. 280
(2) A commercial enti ty that knowingly and intentionally 281
publishes or distributes material harmful to minors on a website 282
or application, if the website or application contains a 283
substantial portion of material harmful to minors, must use 284
digital either anonymous age verificat ion or standard age 285
verification to verify that the age of a person attempting to 286
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access the material is 18 years of age or older and prevent 287
access to the material by a person younger than 18 years of age. 288
The commercial entity must offer anonymous age ve rification and 289
standard age verification, and a person attempting to access the 290
material may select which method will be used to verify his or 291
her age unless the commercial entity is relying on device -based 292
age verification pursuant to s. 501.1741 . 293
(3) A commercial entity must ensure that the requirements 294
of s. 501.1738 are met unless the commercial entity is relying 295
on device-based age verification pursuant to s. 501.1741. A 296
covered manufacturer must ensure that the requirements of s. 297
501.1741 are met. 298
(4)(a) This section does not apply to any bona fide news 299
or public interest broadcast, website video, report, or event 300
and does not affect the rights of a news -gathering organization. 301
(b) An Internet service provider or its affiliates or 302
subsidiaries, a search engine, or a cloud service provider does 303
not violate this section solely for providing access or 304
connection to or from a website or other information or content 305
on the Internet or a facility, system, or network not under the 306
provider's control, inc luding transmission, downloading, 307
intermediate storage, or access software, to the extent the 308
provider is not responsible for the creation of the content of 309
the communication which constitutes material harmful to minors. 310
(5)(a) Any violation of subsectio n (2) or subsection (3) 311
is deemed an unfair and deceptive trade practice actionable 312
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under part II of this chapter solely by the department on behalf 313
of a resident minor against a commercial entity or a covered 314
manufacturer. If the department has reason to believe that a 315
commercial entity or a covered manufacturer is in violation of 316
subsection (2) or subsection (3), the department, as the 317
enforcing authority, may bring an action against the commercial 318
entity or a covered manufacturer for an unfair or decepti ve act 319
or practice. For the purpose of bringing an action pursuant to 320
this section, ss. 501.211 and 501.212 do not apply. In addition 321
to any other remedy under part II of this chapter, the 322
department may collect a civil penalty of up to $50,000 per 323
violation and reasonable attorney fees and court costs. When the 324
commercial entity's or a covered manufacturer's failure to 325
comply with subsection (2) or subsection (3) is a consistent 326
pattern of conduct of the commercial entity or covered 327
manufacturer, punitive damages may be assessed against the 328
commercial entity or covered manufacturer . 329
(b) A third party that performs age verification for a 330
commercial entity or covered manufacturer in violation of s. 331
501.1738 is deemed to have committed an unfair and deceptiv e 332
trade practice actionable under part II of this chapter solely 333
by the department against such third party. If the department 334
has reason to believe that the third party is in violation of s. 335
501.1738, the department, as the enforcing authority, may bring 336
an action against such third party for an unfair or deceptive 337
act or practice. For the purpose of bringing an action pursuant 338
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to this section, ss. 501.211 and 501.212 do not apply. In 339
addition to other remedies under part II of this chapter, the 340
department may collect a civil penalty of up to $50,000 per 341
violation and reasonable attorney fees and court costs. 342
(c) A commercial entity that violates subsection (2) for 343
failing to prohibit access or prohibit a minor from future 344
access to material harmful to minors after a report of 345
unauthorized or unlawful access is liable to the minor for such 346
access, including court costs and reasonable attorney fees as 347
ordered by the court. Claimants may be awarded up to $10,000 in 348
damages. A civil action for a claim under this paragraph must be 349
brought within 1 year from the date the complainant knew, or 350
reasonably should have known, of the alleged violation. 351
(c)(d) Any action under this subsection may only be 352
brought on behalf of or by a resident minor. 353
(6) For purposes of bringing an action under subsection 354
(5), a commercial entity or covered manufacturer that publishes 355
or distributes material harmful to minors on a website or 356
application, if the website or application contains a 357
substantial portion of material harmfu l to minors and such 358
website or application is available to be accessed in this 359
state, is considered to be both engaged in substantial and not 360
isolated activities within this state and operating, conducting, 361
engaging in, or carrying on a business and doing business in 362
this state, and is therefore subject to the jurisdiction of the 363
courts of this state. 364
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(7) This section does not preclude any other available 365
remedy at law or equity. 366
(8)(a) If, by its own inquiry or as a result of 367
complaints, the departmen t has reason to believe that an entity 368
or person has engaged in, or is engaging in, an act or practice 369
that violates this section, the department may administer oaths 370
and affirmations, subpoena witnesses or matter, and collect 371
evidence. Within 5 days, excl uding weekends and legal holidays, 372
after the service of a subpoena or at any time before the return 373
date specified therein, whichever is longer, the party served 374
may file in the circuit court in the county in which it resides 375
or in which it transacts busin ess and serve upon the enforcing 376
authority a petition for an order modifying or setting aside the 377
subpoena. The petitioner may raise any objection or privilege 378
which would be available upon service of such subpoena in a 379
civil action. The subpoena shall inf orm the party served of its 380
rights under this subsection. 381
(b) If the matter that the department seeks to obtain by 382
subpoena is located outside the state, the entity or person 383
subpoenaed may make it available to the department or its 384
representative to exa mine the matter at the place where it is 385
located. The department may designate representatives, including 386
officials of the state in which the matter is located, to 387
inspect the matter on its behalf and may respond to similar 388
requests from officials of other states. 389
(c) Upon failure of an entity or person without lawful 390
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excuse to obey a subpoena and upon reasonable notice to all 391
persons affected, the department may apply to the circuit court 392
for an order compelling compliance. 393
(d) The department may reque st that an entity or person 394
that refuses to comply with a subpoena on the ground that 395
testimony or matter may incriminate the entity or person be 396
ordered by the court to provide the testimony or matter. Except 397
in a prosecution for perjury, an entity or ind ividual that 398
complies with a court order to provide testimony or matter after 399
asserting a valid privilege against self -incrimination shall not 400
have the testimony or matter so provided, or evidence derived 401
therefrom, received against the entity or person in any criminal 402
investigation or proceeding. 403
(e) Any entity or person upon whom a subpoena is served 404
pursuant to this section shall comply with the terms thereof 405
unless otherwise provided by order of the court. Any entity or 406
person that fails to appear wit h the intent to avoid, evade, or 407
prevent compliance in whole or in part with any investigation 408
under this part or that removes from any place, conceals, 409
withholds, mutilates, alters, or destroys, or by any other means 410
falsifies any documentary material in the possession, custody, 411
or control of any entity or person subject to any such subpoena, 412
or knowingly conceals any relevant information with the intent 413
to avoid, evade, or prevent compliance, shall be liable for a 414
civil penalty of not more than $5,000 per week in violation, 415
reasonable attorney fees, and costs. 416
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(9)(a) All information held by the department pursuant to 417
a notification of a violation of this section or an 418
investigation of a violation of this section is confidential and 419
exempt from s. 119.07( 1) and s. 24(a), Art. I of the State 420
Constitution, until such time as the investigation is completed 421
or ceases to be active. This exemption shall be construed in 422
conformity with s. 119.071(2)(c). 423
(b) During an active investigation, information made 424
confidential and exempt pursuant to paragraph (a) may be 425
disclosed by the department: 426
1. In the furtherance of its official duties and 427
responsibilities; 428
2. For print, publication, or broadcast if the department 429
determines that such release would assist in n otifying the 430
public or locating or identifying a person whom the department 431
believes to be a victim of an improper use or disposal of 432
customer records, except that information made confidential and 433
exempt by paragraph (c) may not be released pursuant to th is 434
subparagraph; or 435
3. To another governmental entity in the furtherance of 436
its official duties and responsibilities. 437
(c) Upon completion of an investigation or once an 438
investigation ceases to be active, the following information 439
held by the department shall remain confidential and exempt from 440
s. 119.07(1) and s. 24(a), Art. I of the State Constitution: 441
1. Information that is otherwise confidential or exempt 442
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from s. 119.07(1) or s. 24(a), Art. I of the State Constitution. 443
2. Personal identifying inf ormation. 444
3. A computer forensic report. 445
4. Information that would otherwise reveal weaknesses in 446
the data security of the commercial entity. 447
5. Information that would disclose the proprietary 448
information of the commercial entity. 449
(d) For purposes of this subsection, the term "proprietary 450
information" means information that: 451
1. Is owned or controlled by the commercial entity. 452
2. Is intended to be private and is treated by the 453
commercial entity as private because disclosure would harm the 454
commercial entity or its business operations. 455
3. Has not been disclosed except as required by law or a 456
private agreement that provides that the information will not be 457
released to the public. 458
4. Is not publicly available or otherwise readily 459
ascertainable through proper means from another source in the 460
same configuration as received by the department. 461
5. Reveals competitive interests, the disclosure of which 462
would impair the competitive advantage of the commercial entity 463
that is the subject of the informatio n. 464
(e) This subsection is subject to the Open Government 465
Sunset Review Act in accordance with s. 119.15 and shall stand 466
repealed on October 2, 2029, unless reviewed and saved from 467
repeal through reenactment by the Legislature. 468
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(9)(10) The department may adopt rules to implement this 469
section. 470
Section 3. Section 501.1741, Florida Statutes, is created 471
to read: 472
501.1741 Device-based age verification. — 473
(1) Upon activation of a device, a covered manufacturer 474
must take commercially reasonable and techn ically feasible steps 475
to do all of the following: 476
(a) Determine or estimate the age of the user of the 477
device. 478
(b) Provide websites, applications, application stores, 479
and online services with a digital signal and a real -time 480
application programming int erface to verify that a person is: 481
1. Younger than 13 years of age. 482
2. At least 13 years of age but younger than 16 years of 483
age. 484
3. At least 16 years of age but younger than 18 years of 485
age. 486
4. Eighteen years of age or older. 487
(c) If the covered manufacturer is an application store, 488
obtain parental or guardian consent before permitting a person 489
younger than 16 years of age to download an application from the 490
application store and provide the parent or guardian with the 491
option to connect the develo per of the application with the 492
approving parent or guardian for the purpose of facilitating 493
parental supervision tools. 494
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(d) Beginning July 1, 2026, ensure that the requirements 495
of this section are included by default in all operating systems 496
and application store versions and updates for devices sold 497
after July 1, 2026. 498
(2) A website, an application, or an online service that 499
makes available material harmful to minors must recognize and 500
allow for the receipt of digital age signals pursuant to this 501
section. 502
(3) A website, an application, or an online service that 503
makes available a substantial portion of material harmful to 504
minors must do all of the following: 505
(a) Block access to the website, application, or online 506
service if an age signal is received indicating that the person 507
using such website, application, or online service is under 18 508
years of age. 509
(b) Provide a disclaimer to the user or visitors that the 510
website, application, or online service contains material 511
harmful to minors. 512
(c) Label itself as restricted to adults. 513
(4) A website, an application, or an online service that 514
knowingly makes available less than a substantial portion of 515
material harmful to minors must do all of the following: 516
(a) Block access to known material harmful to minors if an 517
age signal is received indicating that the person using such 518
website, application, or online service is under 18 years of 519
age. 520
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(b) Provide a disclaimer to users or visitors before 521
displaying known material harmful to minors. 522
(5) A website, an application, or an online service with 523
actual knowledge, through receipt of a signal regarding a user's 524
age or otherwise, that a user is under 18 years of age must, to 525
the extent commercially reasonable and technically feasible, 526
provide readily availab le features for parents or guardians to 527
support a minor with respect to the minor's use of the service, 528
including features to help manage which persons or accounts are 529
affirmatively linked to the minor, to help manage the delivery 530
of age appropriate conten t, and to limit the amount of time that 531
the minor spends daily on the website, application, or online 532
service. 533
(6) A covered manufacturer must comply with this section 534
in a nondiscriminatory manner, specifically including, but not 535
limited to imposing at least the same restrictions and 536
obligations on its own websites, applications, and online 537
services as it does on those from third parties. 538
(7) A covered manufacturer may not: 539
(a) Use data collected from third parties, or consent 540
mechanisms deployed for third parties, in the course of 541
compliance with this section to compete against such third 542
parties; 543
(b) Give the covered manufacturer's services preference 544
relative to those of third parties; or 545
(c) Otherwise use data collected from third parties or 546
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consent mechanisms deployed by third parties in an 547
anticompetitive manner. 548
(8) After requisite notice and public comment, the 549
department may adopt such rules and regulations necessary to 550
establish the processes by which entities are to comply with 551
this section. 552
(9) This section is intended to provide uniformity of the 553
law. Any state law, regulation, or policy or any ordinance, 554
regulation, or policy adopted by a county, a municipality, an 555
administrative agency, or other political subdivision of this 556
state which are in conflict with this section are hereby 557
superseded and are deemed null and void to the extent of the 558
conflict with this section. 559
Section 4. This act shall take effect July 1, 2025. 560