CS/HB 1161 2025
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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 removal of altered sexual 2
depictions posted without consent; providing a short 3
title; amending s. 836.13, F.S.; defining the term 4
"covered platform"; requiring covered platforms to 5
establish a process for removal of altered sexual 6
depictions posted without the consent of the 7
identifiable person; providing requirements for such a 8
process; requiring notice of such a process; providing 9
immunity for good faith compliance; prohibiting 10
unreasonable failure to comply; providing remedies; 11
providing exceptions; providing an effective date. 12
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Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. This act may be cited as "Brooke's Law." 16
Section 2. Paragraphs (b) through (e) of subsection (1) of 17
section 836.13, Florida Statutes, are redesignated as paragraphs 18
(c) through (f), respectively, a new paragraph (b) is added to 19
that subsection, subsections (6), (7), and (8) of that sect ion 20
are renumbered as subsections (7), (8), and (9), respectively, 21
and a new subsection (6) is added to that section, to read: 22
836.13 Promotion of an altered sexual depiction; 23
prohibited acts; penalties; applicability. — 24
(1) As used in this section, the term: 25
CS/HB 1161 2025
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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
(b) "Covered platform" means a website, online service, 26
online application, or mobile application that serves the public 27
and: 28
1. That primarily provides a forum for user -generated 29
content, including messages, videos, images, games, and audio 30
files; or 31
2. For which it is in the regular course of trade or 32
business of the website, online service, online application, or 33
mobile application to publish, curate, host, or make available 34
content of nonconsensual altered sexual depictions. 35
(6)(a) No later than December 31, 2025, a covered platform 36
shall establish a process whereby an identifiable person or an 37
authorized person acting on behalf of such person may: 38
1. Notify the covered platform of an altered sexual 39
depiction published on the covered pla tform which includes a 40
depiction of the identifiable person and was published without 41
the consent of the identifiable person; and 42
2. Submit a request for the covered platform to remove 43
such altered sexual depiction. 44
(b) A notification and request for r emoval of an altered 45
sexual depiction submitted under the process in paragraph (a) 46
shall include, in writing: 47
1. A physical or electronic signature of the identifiable 48
person or authorized person. 49
2. An identification of, and information reasonably 50
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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
sufficient for the covered platform to locate, the altered 51
sexual depiction of the identifiable person. 52
3. A brief statement that the identifiable person has a 53
good faith belief that any altered sexual depiction identified 54
under subparagraph 2. is not co nsensual, including any relevant 55
information for the covered platform to determine the altered 56
sexual depiction was published without the consent of the 57
identifiable person. 58
4. Information sufficient to enable the covered platform 59
to contact the identifi able person or authorized person. 60
(c) A covered platform shall provide on the platform a 61
clear and conspicuous notice, which may be provided through a 62
clear and conspicuous link to another web page or disclosure, of 63
the notice and removal process establi shed under paragraph (a) 64
which: 65
1. Is easy to read and in plain language. 66
2. Provides information regarding the responsibilities of 67
the covered platform under this subsection, including a 68
description of how a person can submit a notification and 69
request for removal. 70
(d) Upon receiving a valid removal request from an 71
identifiable person or an authorized person using the process 72
described in paragraph (a), a covered platform shall, as soon as 73
possible, but not later than 48 hours after receiving such 74
request: 75
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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
1. Remove the altered sexual depiction. 76
2. Make reasonable efforts to identify and remove any 77
known identical copies of such altered sexual depiction. 78
(e) A covered platform shall not be liable for any claim 79
based on the covered platform's goo d faith disabling of access 80
to, or removal of, material claimed to be a nonconsensual 81
altered sexual depiction based on facts or circumstances from 82
which the unlawful publishing of an altered sexual depiction is 83
apparent, regardless of whether the altered sexual depiction is 84
ultimately determined to be unlawful. 85
(f) In addition to the remedies under subsection (5), a 86
failure to reasonably comply with the notice and removal 87
obligations under this subsection shall be treated as a an 88
unfair or a deceptive ac t or practice under part II of chapter 89
501, and the person or entity responsible shall be subject to 90
the penalties and remedies provided in part II of chapter 501. 91
(g) This subsection does not apply to the following: 92
1. An information service or a tele communications service, 93
as those terms are defined in 47 U.S.C. s. 153, providing 94
services for content provided by another person. 95
2. Electronic mail. 96
3. Except as provided in subparagraph (1)(b)2., an online 97
service, application, or website: 98
a. That consists primarily of content that is not user 99
generated but is preselected by the provider of such online 100
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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
service, application, or website; and 101
b. For which any chat, comment, or interactive 102
functionality is incidental to, directly related to, or 103
dependent on the provision of the content described in 104
subparagraph a. 105
Section 3. This act shall take effect upon becoming a law. 106