Florida 2025 Regular Session

Florida House Bill H0931 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 931 2025
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to online access to materials harmful 2
16	16	to minors; creating s. 282.803, F.S.; providing 3
17	17	definitions; requiring a developer to, beginning on a 4
18	18	specified date, make specific determination about 5
19	19	covered applications, provide notice to applicatio n 6
20	20	stores about such applications, and provide certain 7
21	21	features for parents to protect a user that is a 8
22	22	child; requiring a covered manufacturer to, beginning 9
23	23	on a specified date, take certain steps to determine 10
24	24	specified information about the user, provide certain 11
25	25	notices, and provide developers of covered 12
26	26	applications with a specified means to verify the age 13
27	27	of a user; providing requirements for devices sold 14
28	28	before a specified date; providing construction; 15
29	29	requiring an application store to establish 16
30	30	nondiscriminatory practices; providing for enforcement 17
31	31	actions by the Attorney General; providing an 18
32	32	affirmative defense; providing a limitation on 19
33	33	liability for a covered manufacturer under certain 20
34	34	circumstances; amending s. 501.1737, F.S.; revising 21
35	35	and providing definitions; revising the age 22
36	36	verification method used by certain commercial 23
37	37	entities to verify the age of a person accessing 24
38	38	certain material; providing an exception; requiring a 25
39	39	covered manufacturer to ensure certain statutory 26
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41	41	HB 931 2025
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48	48	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
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51	51
52	52	requirements are met; aut horizing the Department of 27
53	53	Legal Affairs to bring an action against covered 28
54	54	manufacturers; authorizing the imposition of civil 29
55	55	penalties against covered manufacturers; removing 30
56	56	certain liability and damage provisions for certain 31
57	57	commercial entities; removi ng provisions relating to 32
58	58	public records exemptions and the Open Government 33
59	59	Sunset Review Act; removing the definition of the term 34
60	60	"proprietary information"; creating s. 501.1741, F.S.; 35
61	61	requiring covered manufactures to take certain steps 36
62	62	upon activation of a device; requiring certain 37
63	63	websites, applications, or online services to take 38
64	64	certain actions based on the amount of material 39
65	65	harmful to minors found on such website, application, 40
66	66	or online service; requiring covered manufacturers to 41
67	67	comply with statutory requirements in a 42
68	68	nondiscriminatory manner; prohibiting covered 43
69	69	manufacturers from taking certain actions; authorizing 44
70	70	the Department of Legal Affairs to adopt rules and 45
71	71	regulations; providing preemption; providing an 46
72	72	effective date. 47
73	73	48
74	74	Be It Enacted by the Legislature of the State of Florida: 49
75	75	50
76	76	Section 1. Section 282.803, Florida Statutes, is created 51
77	77	to read: 52
78	78
79	79	HB 931 2025
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86	86	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
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90	90	282.803 Online application store. — 53
91	91	(1) As used in this section, the term: 54
92	92	(a) "Application store" means a publicly available 55
93	93	website, software application, or online service that 56
94	94	distributes third-party platform software applications to a 57
95	95	computer, a mobile device, or any other general purpose 58
96	96	computing device. 59
97	97	(b) "Child" means an individual consumer under 18 years of 60
98	98	age. 61
99	99	(c) "Covered application" means a software application, 62
100	100	website, or other online service that is likely to be accessed 63
101	101	by children and that is intended to be run or directed by a user 64
102	102	on a computer, mobile device, or any other general purpose 65
103	103	computing device. The t erm does not include a broadband Internet 66
104	104	access service as defined in 47 C.F.R. s. 8.1(B); a 67
105	105	telecommunications service as defined in 47 U.S.C. s. 153; or 68
106	106	the delivery or use of a physical product unconnected to the 69
107	107	Internet. 70
108	108	(d) "Covered entity" means a covered manufacturer or 71
109	109	developer of a covered application. 72
110	110	(e) "Covered manufacturer" means a manufacturer of a 73
111	111	device, an operating system for a device, or an application 74
112	112	store. 75
113	113	(f) "Developer" means any person, entity, or organization 76
114	114	that creates, owns, or controls an application and is 77
115	115	responsible for the design, development, maintenance, and 78
116	116
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124	124	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
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128	128	distribution of the application to users through an application 79
129	129	store. 80
130	130	(g) "Device" means a device or a portion of a device that 81
131	131	is designed for and capab le of communicating across a computer 82
132	132	network with other computers or devices for the purpose of 83
133	133	transmitting, receiving, or storing data, including, but not 84
134	134	limited to, a desktop, a laptop, a cellular telephone, a tablet, 85
135	135	or any other device designed for and capable of communicating 86
136	136	with or across a computer network and that is used for such 87
137	137	purpose. The term does not include cable, fiber, or wireless 88
138	138	modems, and home routers whether standalone or combined with the 89
139	139	aforementioned modems; managed set -top boxes; and any physical 90
140	140	object that only supports communications within a closed user 91
141	141	group or private network available to a limited set of users. 92
142	142	(h) "Likely to be accessed by children" means it is 93
143	143	reasonable to expect that an application would be access ed by 94
144	144	children, based on satisfying any of the following criteria: 95
145	145	1. The application is determined, based on competent and 96
146	146	reliable evidence regarding audience composition, to be 97
147	147	routinely accessed by children; or 98
148	148	2. Internal research findings determine that the 99
149	149	application is routinely accessed by children. 100
150	150	(i) "Parent" means a biological, foster, or adoptive 101
151	151	parent; a stepparent; or a legal guardian. 102
152	152	(j) "User" means an individual consumer of covered 103
153	153	applications. 104
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162	162	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
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166	166	(2) Beginning January 1, 2026: 105
167	167	(a) A developer of a covered application shall: 106
168	168	1. Determine whether an application the developer provides 107
169	169	is likely to be accessed by children and, if the application is 108
170	170	provided for distribution via an applicat ion store, provide 109
171	171	notice to such application store that the application is likely 110
172	172	to be accessed by children. 111
173	173	2. To the extent applicable and technically feasible, 112
174	174	provide readily available features for parents to protect a user 113
175	175	that is a child as appro priate to the risks that arise from the 114
176	176	child's use of the developer's covered application. This 115
177	177	includes providing features to help manage which accounts are 116
178	178	affirmatively linked to the user under the age of 18, to help 117
179	179	manage the delivery of age appropri ate content, and to limit the 118
180	180	amount of time that the user under the age of 18 spends daily on 119
181	181	the developer's covered application. 120
182	182	(b) A covered manufacturer shall take commercially 121
183	183	reasonable and technically feasible steps to: 122
184	184	1. Upon initial activat ion of a device, determine or 123
185	185	estimate the age of the device's primary user. 124
186	186	2. If the covered manufacturer is an application store: 125
187	187	a. Provide a mechanism for a developer to provide notice 126
188	188	that an application is likely to be accessed by children. 127
189	189	b. Obtain parental consent before permitting a known child 128
190	190	under 16 years of age to download a covered application from the 129
191	191	application store. 130
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204	204	c. Provide developers of covered applications in the 131
205	205	application store a signal regarding whether a parent has 132
206	206	provided consent when required under this subsection. 133
207	207	d. Provide the parent with the option to connect the 134
208	208	developer of such a covered application with the approving 135
209	209	parent for the purpose of facilitating parental supervision 136
210	210	tools. 137
211	211	3. Provide developer s of covered applications with a 138
212	212	digital signal via a real time application programming interface 139
213	213	regarding whether a user is: 140
214	214	a. Under 13 years of age. 141
215	215	b. At least 13 years of age and under 16 years of age. 142
216	216	c. At least 16 years of age and under 18 y ears of age. 143
217	217	d. At least 18 years of age. 144
218	218	4. Developers of covered applications may rely on age 145
219	219	signals and parental consent provided under subparagraph 2. for 146
220	220	purposes of complying with this paragraph. 147
221	221	(c) For devices sold before January 1, 2026, co vered 148
222	222	manufacturers shall ensure that the requirements under paragraph 149
223	223	(b) are included in its operating system and app store versions 150
224	224	and updates by default after January 1, 2027. 151
225	225	(3)(a) Except for the requirements provided in 152
226	226	subparagraph (2)(b)2., thi s section does not: 153
227	227	(b) Require a covered entity to access, collect, retain, 154
228	228	reidentify, or link information, that in the ordinary course of 155
229	229	business, would not otherwise be accessed, collected, retained, 156
230	230
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238	238	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
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240	240
241	241
242	242	reidentified, or linked. 157
243	243	(c) Require a covered entity to implement new account 158
244	244	controls or safety settings if it is not necessary to comply 159
245	245	with this act. 160
246	246	(d) Modify, impair, or supersede the operation of any 161
247	247	antitrust law, including chapter 1331 of the Revised Code and 15 162
248	248	U.S.C. 1, et seq. 163
249	249	(4) An application store shall comply with this section in 164
250	250	a nondiscriminatory manner, including: 165
251	251	(a) Imposing at least the same restrictions and 166
252	252	obligations on its own applications and application distribution 167
253	253	as it does on those from third -party applications or application 168
254	254	distributors; 169
255	255	(b) Not using data collected from third parties, or 170
256	256	consent mechanisms deployed for third parties, in the course of 171
257	257	compliance with this subsection, for any of the following: 172
258	258	1. To compete against those third parties. 173
259	259	2. To give the application store's services preference 174
260	260	relative to those of third parties. 175
261	261	3. To otherwise use the data or consent mechanism in an 176
262	262	anticompetitive manner. 177
263	263	(5)(a) At least 45 days before the date on which the 178
264	264	Attorney General initiates an enforcement action against a 179
265	265	covered entity that is subject to the requirements of this 180
266	266	section, the Attorney General shall provide the covered entity 181
267	267	with a written notice that identifies each alleged violation and 182
268	268
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276	276	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
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280	280	an explanation of the basis for each al legation. 183
281	281	(b) The Attorney General may not initiate an action if the 184
282	282	covered entity cures the violation or violations described in 185
283	283	the notice within 45 days after the notice is sent and provides 186
284	284	the Attorney General with a written statement indicating tha t 187
285	285	the violation is cured and that no further violations will 188
286	286	occur. 189
287	287	(c) If a covered entity continues to violate this section 190
288	288	in breach of an express written notice provided under paragraph 191
289	289	(6)(a), the Attorney General may bring a civil action and seek 192
290	290	damages for up to $2,500 per violation of this section not to 193
291	291	exceed $50,000. Damages shall begin accruing after completion of 194
292	292	the 45-day cure period in paragraph (6)(b). 195
293	293	(d) This subsection does not provide a private right of 196
294	294	action. The Attorney General has the exclusive authority to 197
295	295	enforce this section. 198
296	296	(e) Paragraph (a) does not apply if the covered entity 199
297	297	fails to timely cure all of the violations described in the 200
298	298	notice or commits a subsequent violation of the same type after 201
299	299	curing the initial vio lation under that paragraph. 202
300	300	(6) It is an affirmative defense to a violation of this 203
301	301	section if the developer acted in reasonable reliance on the 204
302	302	application store's determination or estimate that the user is 205
303	303	not a child. 206
304	304	(7) A covered manufacturer is not subject to liability for 207
305	305	failure to comply with this section if that covered manufacturer 208
306	306
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314	314	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
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318	318	has taken commercially reasonable and technically feasible steps 209
319	319	to determine or estimate the age of the user of the device as 210
320	320	provided in paragraph (2)(b). 211
321	321	Section 2. Section 501.1737, Florida Statutes, is amended 212
322	322	to read: 213
323	323	501.1737 Age verification for online access to materials 214
324	324	harmful to minors.— 215
325	325	(1) As used in this section and s. 501.1741, the term: 216
326	326	(a) "Anonymous age verification" has the same meanin g as 217
327	327	in s. 501.1738. 218
328	328	(b) "Application store" means a publicly available 219
329	329	website, software application, or online service that 220
330	330	distributes third-party platforms' software applications to a 221
331	331	computer, a mobile device, or any other general -purpose 222
332	332	computing device. 223
333	333	(c)(b) "Commercial entity" includes a corporation, a 224
334	334	limited liability company, a partnership, a limited partnership, 225
335	335	a sole proprietorship, and any other legally recognized entity. 226
336	336	(d) "Covered manufacturer" means a manufacturer of a 227
337	337	device, an operating system for a device, or an application 228
338	338	store. 229
339	339	(e)(c) "Department" means the Department of Legal Affairs. 230
340	340	(f) "Device" means equipment or a portion of equipment 231
341	341	that is designed for and capable of communicating across a 232
342	342	computer network with other computers or devices for the purpose 233
343	343	of transmitting, receiving, or storing data, including, but not 234
344	344
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352	352	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
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356	356	limited to, a desktop, a laptop, a cellular telephone, a tablet, 235
357	357	or any other device designed for and capable of communicating 236
358	358	with or across a comp uter network and that is used for such 237
359	359	purpose. 238
360	360	(g) "Digital age verification" means either anonymous age 239
361	361	verification, standard age verification, or device -based age 240
362	362	verification. 241
363	363	(h)(d) "Distribute" means to issue, sell, give, provide, 242
364	364	deliver, transfer, transmit, circulate, or disseminate by any 243
365	365	means. 244
366	366	(i)(e) "Material harmful to minors" means any material 245
367	367	that: 246
368	368	1. The average person applying contemporary community 247
369	369	standards would find, taken as a whole, appeals to the prurient 248
370	370	interest; 249
371	371	2. Depicts or describes, in a patently offensive way, 250
372	372	sexual conduct as specifically defined in s. 847.001(19); and 251
373	373	3. When taken as a whole, lacks serious literary, 252
374	374	artistic, political, or scientific value for minors. 253
375	375	(j)(f) "News-gathering organization" me ans any of the 254
376	376	following: 255
377	377	1. A newspaper, news publication, or news source, printed 256
378	378	or published online or on a mobile platform, engaged in 257
379	379	reporting current news and matters of public interest, and an 258
380	380	employee thereof who can provide documentation of su ch 259
381	381	employment. 260
382	382
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390	390	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
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394	394	2. A radio broadcast station, television broadcast 261
395	395	station, cable television operator, or wire service, and an 262
396	396	employee thereof who can provide documentation of such 263
397	397	employment. 264
398	398	(k) "Operating system provider" means an entity that 265
399	399	develops, distributes, or maintains the operating system of, and 266
400	400	provides common services for, a device. The term includes the 267
401	401	design, programming, and supply of operating systems for various 268
402	402	devices such as smartphones, tablets, and other digital 269
403	403	equipment. 270
404	404	(l)(g) "Publish" means to communicate or make information 271
405	405	available to another person or entity on a publicly available 272
406	406	website or application. 273
407	407	(m)(h) "Resident" means a person who lives in this state 274
408	408	for more than 6 months of the year. 275
409	409	(n)(i) "Standard age verification" means any commercially 276
410	410	reasonable method of age verification approved by the commercial 277
411	411	entity. 278
412	412	(o)(j) "Substantial portion" means more than 33.3 percent 279
413	413	of total material on a website or application. 280
414	414	(2) A commercial enti ty that knowingly and intentionally 281
415	415	publishes or distributes material harmful to minors on a website 282
416	416	or application, if the website or application contains a 283
417	417	substantial portion of material harmful to minors, must use 284
418	418	digital either anonymous age verificat ion or standard age 285
419	419	verification to verify that the age of a person attempting to 286
420	420
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428	428	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
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432	432	access the material is 18 years of age or older and prevent 287
433	433	access to the material by a person younger than 18 years of age. 288
434	434	The commercial entity must offer anonymous age ve rification and 289
435	435	standard age verification, and a person attempting to access the 290
436	436	material may select which method will be used to verify his or 291
437	437	her age unless the commercial entity is relying on device -based 292
438	438	age verification pursuant to s. 501.1741 . 293
439	439	(3) A commercial entity must ensure that the requirements 294
440	440	of s. 501.1738 are met unless the commercial entity is relying 295
441	441	on device-based age verification pursuant to s. 501.1741. A 296
442	442	covered manufacturer must ensure that the requirements of s. 297
443	443	501.1741 are met. 298
444	444	(4)(a) This section does not apply to any bona fide news 299
445	445	or public interest broadcast, website video, report, or event 300
446	446	and does not affect the rights of a news -gathering organization. 301
447	447	(b) An Internet service provider or its affiliates or 302
448	448	subsidiaries, a search engine, or a cloud service provider does 303
449	449	not violate this section solely for providing access or 304
450	450	connection to or from a website or other information or content 305
451	451	on the Internet or a facility, system, or network not under the 306
452	452	provider's control, inc luding transmission, downloading, 307
453	453	intermediate storage, or access software, to the extent the 308
454	454	provider is not responsible for the creation of the content of 309
455	455	the communication which constitutes material harmful to minors. 310
456	456	(5)(a) Any violation of subsectio n (2) or subsection (3) 311
457	457	is deemed an unfair and deceptive trade practice actionable 312
458	458
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466	466	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
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470	470	under part II of this chapter solely by the department on behalf 313
471	471	of a resident minor against a commercial entity or a covered 314
472	472	manufacturer. If the department has reason to believe that a 315
473	473	commercial entity or a covered manufacturer is in violation of 316
474	474	subsection (2) or subsection (3), the department, as the 317
475	475	enforcing authority, may bring an action against the commercial 318
476	476	entity or a covered manufacturer for an unfair or decepti ve act 319
477	477	or practice. For the purpose of bringing an action pursuant to 320
478	478	this section, ss. 501.211 and 501.212 do not apply. In addition 321
479	479	to any other remedy under part II of this chapter, the 322
480	480	department may collect a civil penalty of up to $50,000 per 323
481	481	violation and reasonable attorney fees and court costs. When the 324
482	482	commercial entity's or a covered manufacturer's failure to 325
483	483	comply with subsection (2) or subsection (3) is a consistent 326
484	484	pattern of conduct of the commercial entity or covered 327
485	485	manufacturer, punitive damages may be assessed against the 328
486	486	commercial entity or covered manufacturer . 329
487	487	(b) A third party that performs age verification for a 330
488	488	commercial entity or covered manufacturer in violation of s. 331
489	489	501.1738 is deemed to have committed an unfair and deceptiv e 332
490	490	trade practice actionable under part II of this chapter solely 333
491	491	by the department against such third party. If the department 334
492	492	has reason to believe that the third party is in violation of s. 335
493	493	501.1738, the department, as the enforcing authority, may bring 336
494	494	an action against such third party for an unfair or deceptive 337
495	495	act or practice. For the purpose of bringing an action pursuant 338
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504	504	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
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508	508	to this section, ss. 501.211 and 501.212 do not apply. In 339
509	509	addition to other remedies under part II of this chapter, the 340
510	510	department may collect a civil penalty of up to $50,000 per 341
511	511	violation and reasonable attorney fees and court costs. 342
512	512	(c) A commercial entity that violates subsection (2) for 343
513	513	failing to prohibit access or prohibit a minor from future 344
514	514	access to material harmful to minors after a report of 345
515	515	unauthorized or unlawful access is liable to the minor for such 346
516	516	access, including court costs and reasonable attorney fees as 347
517	517	ordered by the court. Claimants may be awarded up to $10,000 in 348
518	518	damages. A civil action for a claim under this paragraph must be 349
519	519	brought within 1 year from the date the complainant knew, or 350
520	520	reasonably should have known, of the alleged violation. 351
521	521	(c)(d) Any action under this subsection may only be 352
522	522	brought on behalf of or by a resident minor. 353
523	523	(6) For purposes of bringing an action under subsection 354
524	524	(5), a commercial entity or covered manufacturer that publishes 355
525	525	or distributes material harmful to minors on a website or 356
526	526	application, if the website or application contains a 357
527	527	substantial portion of material harmfu l to minors and such 358
528	528	website or application is available to be accessed in this 359
529	529	state, is considered to be both engaged in substantial and not 360
530	530	isolated activities within this state and operating, conducting, 361
531	531	engaging in, or carrying on a business and doing business in 362
532	532	this state, and is therefore subject to the jurisdiction of the 363
533	533	courts of this state. 364
534	534
535	535	HB 931 2025
536	536
537	537
538	538
539	539	CODING: Words stricken are deletions; words underlined are additions.
540	540	hb931-00
541	541	Page 15 of 22
542	542	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
543	543
544	544
545	545
546	546	(7) This section does not preclude any other available 365
547	547	remedy at law or equity. 366
548	548	(8)(a) If, by its own inquiry or as a result of 367
549	549	complaints, the departmen t has reason to believe that an entity 368
550	550	or person has engaged in, or is engaging in, an act or practice 369
551	551	that violates this section, the department may administer oaths 370
552	552	and affirmations, subpoena witnesses or matter, and collect 371
553	553	evidence. Within 5 days, excl uding weekends and legal holidays, 372
554	554	after the service of a subpoena or at any time before the return 373
555	555	date specified therein, whichever is longer, the party served 374
556	556	may file in the circuit court in the county in which it resides 375
557	557	or in which it transacts busin ess and serve upon the enforcing 376
558	558	authority a petition for an order modifying or setting aside the 377
559	559	subpoena. The petitioner may raise any objection or privilege 378
560	560	which would be available upon service of such subpoena in a 379
561	561	civil action. The subpoena shall inf orm the party served of its 380
562	562	rights under this subsection. 381
563	563	(b) If the matter that the department seeks to obtain by 382
564	564	subpoena is located outside the state, the entity or person 383
565	565	subpoenaed may make it available to the department or its 384
566	566	representative to exa mine the matter at the place where it is 385
567	567	located. The department may designate representatives, including 386
568	568	officials of the state in which the matter is located, to 387
569	569	inspect the matter on its behalf and may respond to similar 388
570	570	requests from officials of other states. 389
571	571	(c) Upon failure of an entity or person without lawful 390
572	572
573	573	HB 931 2025
574	574
575	575
576	576
577	577	CODING: Words stricken are deletions; words underlined are additions.
578	578	hb931-00
579	579	Page 16 of 22
580	580	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
581	581
582	582
583	583
584	584	excuse to obey a subpoena and upon reasonable notice to all 391
585	585	persons affected, the department may apply to the circuit court 392
586	586	for an order compelling compliance. 393
587	587	(d) The department may reque st that an entity or person 394
588	588	that refuses to comply with a subpoena on the ground that 395
589	589	testimony or matter may incriminate the entity or person be 396
590	590	ordered by the court to provide the testimony or matter. Except 397
591	591	in a prosecution for perjury, an entity or ind ividual that 398
592	592	complies with a court order to provide testimony or matter after 399
593	593	asserting a valid privilege against self -incrimination shall not 400
594	594	have the testimony or matter so provided, or evidence derived 401
595	595	therefrom, received against the entity or person in any criminal 402
596	596	investigation or proceeding. 403
597	597	(e) Any entity or person upon whom a subpoena is served 404
598	598	pursuant to this section shall comply with the terms thereof 405
599	599	unless otherwise provided by order of the court. Any entity or 406
600	600	person that fails to appear wit h the intent to avoid, evade, or 407
601	601	prevent compliance in whole or in part with any investigation 408
602	602	under this part or that removes from any place, conceals, 409
603	603	withholds, mutilates, alters, or destroys, or by any other means 410
604	604	falsifies any documentary material in the possession, custody, 411
605	605	or control of any entity or person subject to any such subpoena, 412
606	606	or knowingly conceals any relevant information with the intent 413
607	607	to avoid, evade, or prevent compliance, shall be liable for a 414
608	608	civil penalty of not more than $5,000 per week in violation, 415
609	609	reasonable attorney fees, and costs. 416
610	610
611	611	HB 931 2025
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613	613
614	614
615	615	CODING: Words stricken are deletions; words underlined are additions.
616	616	hb931-00
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618	618	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
619	619
620	620
621	621
622	622	(9)(a) All information held by the department pursuant to 417
623	623	a notification of a violation of this section or an 418
624	624	investigation of a violation of this section is confidential and 419
625	625	exempt from s. 119.07( 1) and s. 24(a), Art. I of the State 420
626	626	Constitution, until such time as the investigation is completed 421
627	627	or ceases to be active. This exemption shall be construed in 422
628	628	conformity with s. 119.071(2)(c). 423
629	629	(b) During an active investigation, information made 424
630	630	confidential and exempt pursuant to paragraph (a) may be 425
631	631	disclosed by the department: 426
632	632	1. In the furtherance of its official duties and 427
633	633	responsibilities; 428
634	634	2. For print, publication, or broadcast if the department 429
635	635	determines that such release would assist in n otifying the 430
636	636	public or locating or identifying a person whom the department 431
637	637	believes to be a victim of an improper use or disposal of 432
638	638	customer records, except that information made confidential and 433
639	639	exempt by paragraph (c) may not be released pursuant to th is 434
640	640	subparagraph; or 435
641	641	3. To another governmental entity in the furtherance of 436
642	642	its official duties and responsibilities. 437
643	643	(c) Upon completion of an investigation or once an 438
644	644	investigation ceases to be active, the following information 439
645	645	held by the department shall remain confidential and exempt from 440
646	646	s. 119.07(1) and s. 24(a), Art. I of the State Constitution: 441
647	647	1. Information that is otherwise confidential or exempt 442
648	648
649	649	HB 931 2025
650	650
651	651
652	652
653	653	CODING: Words stricken are deletions; words underlined are additions.
654	654	hb931-00
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656	656	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
657	657
658	658
659	659
660	660	from s. 119.07(1) or s. 24(a), Art. I of the State Constitution. 443
661	661	2. Personal identifying inf ormation. 444
662	662	3. A computer forensic report. 445
663	663	4. Information that would otherwise reveal weaknesses in 446
664	664	the data security of the commercial entity. 447
665	665	5. Information that would disclose the proprietary 448
666	666	information of the commercial entity. 449
667	667	(d) For purposes of this subsection, the term "proprietary 450
668	668	information" means information that: 451
669	669	1. Is owned or controlled by the commercial entity. 452
670	670	2. Is intended to be private and is treated by the 453
671	671	commercial entity as private because disclosure would harm the 454
672	672	commercial entity or its business operations. 455
673	673	3. Has not been disclosed except as required by law or a 456
674	674	private agreement that provides that the information will not be 457
675	675	released to the public. 458
676	676	4. Is not publicly available or otherwise readily 459
677	677	ascertainable through proper means from another source in the 460
678	678	same configuration as received by the department. 461
679	679	5. Reveals competitive interests, the disclosure of which 462
680	680	would impair the competitive advantage of the commercial entity 463
681	681	that is the subject of the informatio n. 464
682	682	(e) This subsection is subject to the Open Government 465
683	683	Sunset Review Act in accordance with s. 119.15 and shall stand 466
684	684	repealed on October 2, 2029, unless reviewed and saved from 467
685	685	repeal through reenactment by the Legislature. 468
686	686
687	687	HB 931 2025
688	688
689	689
690	690
691	691	CODING: Words stricken are deletions; words underlined are additions.
692	692	hb931-00
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694	694	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
695	695
696	696
697	697
698	698	(9)(10) The department may adopt rules to implement this 469
699	699	section. 470
700	700	Section 3. Section 501.1741, Florida Statutes, is created 471
701	701	to read: 472
702	702	501.1741 Device-based age verification. — 473
703	703	(1) Upon activation of a device, a covered manufacturer 474
704	704	must take commercially reasonable and techn ically feasible steps 475
705	705	to do all of the following: 476
706	706	(a) Determine or estimate the age of the user of the 477
707	707	device. 478
708	708	(b) Provide websites, applications, application stores, 479
709	709	and online services with a digital signal and a real -time 480
710	710	application programming int erface to verify that a person is: 481
711	711	1. Younger than 13 years of age. 482
712	712	2. At least 13 years of age but younger than 16 years of 483
713	713	age. 484
714	714	3. At least 16 years of age but younger than 18 years of 485
715	715	age. 486
716	716	4. Eighteen years of age or older. 487
717	717	(c) If the covered manufacturer is an application store, 488
718	718	obtain parental or guardian consent before permitting a person 489
719	719	younger than 16 years of age to download an application from the 490
720	720	application store and provide the parent or guardian with the 491
721	721	option to connect the develo per of the application with the 492
722	722	approving parent or guardian for the purpose of facilitating 493
723	723	parental supervision tools. 494
724	724
725	725	HB 931 2025
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727	727
728	728
729	729	CODING: Words stricken are deletions; words underlined are additions.
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732	732	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
733	733
734	734
735	735
736	736	(d) Beginning July 1, 2026, ensure that the requirements 495
737	737	of this section are included by default in all operating systems 496
738	738	and application store versions and updates for devices sold 497
739	739	after July 1, 2026. 498
740	740	(2) A website, an application, or an online service that 499
741	741	makes available material harmful to minors must recognize and 500
742	742	allow for the receipt of digital age signals pursuant to this 501
743	743	section. 502
744	744	(3) A website, an application, or an online service that 503
745	745	makes available a substantial portion of material harmful to 504
746	746	minors must do all of the following: 505
747	747	(a) Block access to the website, application, or online 506
748	748	service if an age signal is received indicating that the person 507
749	749	using such website, application, or online service is under 18 508
750	750	years of age. 509
751	751	(b) Provide a disclaimer to the user or visitors that the 510
752	752	website, application, or online service contains material 511
753	753	harmful to minors. 512
754	754	(c) Label itself as restricted to adults. 513
755	755	(4) A website, an application, or an online service that 514
756	756	knowingly makes available less than a substantial portion of 515
757	757	material harmful to minors must do all of the following: 516
758	758	(a) Block access to known material harmful to minors if an 517
759	759	age signal is received indicating that the person using such 518
760	760	website, application, or online service is under 18 years of 519
761	761	age. 520
762	762
763	763	HB 931 2025
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765	765
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770	770	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
771	771
772	772
773	773
774	774	(b) Provide a disclaimer to users or visitors before 521
775	775	displaying known material harmful to minors. 522
776	776	(5) A website, an application, or an online service with 523
777	777	actual knowledge, through receipt of a signal regarding a user's 524
778	778	age or otherwise, that a user is under 18 years of age must, to 525
779	779	the extent commercially reasonable and technically feasible, 526
780	780	provide readily availab le features for parents or guardians to 527
781	781	support a minor with respect to the minor's use of the service, 528
782	782	including features to help manage which persons or accounts are 529
783	783	affirmatively linked to the minor, to help manage the delivery 530
784	784	of age appropriate conten t, and to limit the amount of time that 531
785	785	the minor spends daily on the website, application, or online 532
786	786	service. 533
787	787	(6) A covered manufacturer must comply with this section 534
788	788	in a nondiscriminatory manner, specifically including, but not 535
789	789	limited to imposing at least the same restrictions and 536
790	790	obligations on its own websites, applications, and online 537
791	791	services as it does on those from third parties. 538
792	792	(7) A covered manufacturer may not: 539
793	793	(a) Use data collected from third parties, or consent 540
794	794	mechanisms deployed for third parties, in the course of 541
795	795	compliance with this section to compete against such third 542
796	796	parties; 543
797	797	(b) Give the covered manufacturer's services preference 544
798	798	relative to those of third parties; or 545
799	799	(c) Otherwise use data collected from third parties or 546
800	800
801	801	HB 931 2025
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803	803
804	804
805	805	CODING: Words stricken are deletions; words underlined are additions.
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808	808	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
809	809
810	810
811	811
812	812	consent mechanisms deployed by third parties in an 547
813	813	anticompetitive manner. 548
814	814	(8) After requisite notice and public comment, the 549
815	815	department may adopt such rules and regulations necessary to 550
816	816	establish the processes by which entities are to comply with 551
817	817	this section. 552
818	818	(9) This section is intended to provide uniformity of the 553
819	819	law. Any state law, regulation, or policy or any ordinance, 554
820	820	regulation, or policy adopted by a county, a municipality, an 555
821	821	administrative agency, or other political subdivision of this 556
822	822	state which are in conflict with this section are hereby 557
823	823	superseded and are deemed null and void to the extent of the 558
824	824	conflict with this section. 559
825	825	Section 4. This act shall take effect July 1, 2025. 560