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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
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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 severability; 12
providing an effective date. 13
14
Be It Enacted by the Legislature of the State of Florida: 15
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Section 1. This act may be cited as "Brooke's Law." 17
Section 2. Paragraphs (b) through (e) of subsection (1) of 18
section 836.13, Florida Statutes, are redesignated as paragraphs 19
(c) through (f), respectively, a new paragraph (b) is added to 20
that subsection, subsectio ns (6), (7), and (8) of that section 21
are renumbered as subsections (7), (8), and (9), respectively, 22
and new subsections (6) and (10) are added to that section, to 23
read: 24
836.13 Promotion of an altered sexual depiction; 25
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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
prohibited acts; penalties; applicab ility.— 26
(1) As used in this section, the term: 27
(b) "Covered platform" means a website, online service, 28
online application, or mobile application that serves the public 29
and: 30
1. That primarily provides a forum for user -generated 31
content, including mess ages, videos, images, games, and audio 32
files; or 33
2. For which it is in the regular course of trade or 34
business of the website, online service, online application, or 35
mobile application to publish, curate, host, or make available 36
content of nonconsensual altered sexual depictions. 37
(6)(a) No later than December 31, 2025, a covered platform 38
shall establish a process whereby an identifiable person or an 39
authorized person acting on behalf of such person may: 40
1. Notify the covered platform of an altered sex ual 41
depiction published on the covered platform which includes a 42
depiction of the identifiable person and was published without 43
the consent of the identifiable person; and 44
2. Submit a request for the covered platform to remove 45
such altered sexual depicti on. 46
(b) A notification and request for removal of an altered 47
sexual depiction submitted under the process in paragraph (a) 48
shall include, in writing: 49
1. A physical or electronic signature of the identifiable 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
person or authorized person. 51
2. An identification of, and information reasonably 52
sufficient for the covered platform to locate, the altered 53
sexual depiction of the identifiable person. 54
3. A brief statement that the identifiable person has a 55
good faith belief that any altered sexual depiction identified 56
under subparagraph 2. is not consensual, including any relevant 57
information for the covered platform to determine the altered 58
sexual depiction was published without the consent of the 59
identifiable person. 60
4. Information sufficient t o enable the covered platform 61
to contact the identifiable person or authorized person. 62
(c) A covered platform shall provide on the platform a 63
clear and conspicuous notice, which may be provided through a 64
clear and conspicuous link to another web page or disclosure, of 65
the notice and removal process established under paragraph (a) 66
which: 67
1. Is easy to read and in plain language. 68
2. Provides information regarding the responsibilities of 69
the covered platform under this subsection, including a 70
description of how a person can submit a notification and 71
request for removal. 72
(d) Upon receiving a valid removal request from an 73
identifiable person or an authorized person using the process 74
described in paragraph (a), a covered platform shall, as soon as 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
possible, but not later than 48 hours after receiving such 76
request: 77
1. Remove the altered sexual depiction. 78
2. Make reasonable efforts to identify and remove any 79
known identical copies of such altered sexual depiction. 80
(e) A covered platform shall not be lia ble for any claim 81
based on the covered platform's good faith disabling of access 82
to, or removal of, material claimed to be a nonconsensual 83
altered sexual depiction based on facts or circumstances from 84
which the unlawful publishing of an altered sexual depi ction is 85
apparent, regardless of whether the altered sexual depiction is 86
ultimately determined to be unlawful. 87
(f) In addition to the remedies under subsection (5), a 88
failure to reasonably comply with the notice and removal 89
obligations under this subsect ion shall be treated as a an 90
unfair or a deceptive act or practice under part II of chapter 91
501, and the person or entity responsible shall be subject to 92
the penalties and remedies provided in part II of chapter 501. 93
(g) This subsection does not apply to the following: 94
1. An information service or a telecommunications service, 95
as those terms are defined in 47 U.S.C. s. 153, providing 96
services for content provided by another person. 97
2. Electronic mail. 98
3. Except as provided in subparagraph (1)(b)2., an online 99
service, application, or website: 100
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a. That consists primarily of content that is not user 101
generated but is preselected by the provider of such online 102
service, application, or website; and 103
b. For which any chat, comment, or interactive 104
functionality is incidental to, directly related to, or 105
dependent on the provision of the content described in sub -106
subparagraph a. 107
(10) If any provision of this section or its application 108
to any person or circumstance is held invalid, that provision or 109
its application is severable and does not affect the validity of 110
the other provisions or applications of this section. 111
Section 3. This act shall take effect upon becoming a law. 112