Text of FL H 3 (2024)

HB 3 2024 CODING: Words stricken are deletions; words underlined are additions. hb0003-00 Page 1 of 6 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. 501.1737, F.S.; providing 3 definitions; requiring a commercial entity that 4 publishes or distributes material harmful to minors on 5 a website or application that contains a substantial 6 portion of such material to perform reasonable age 7 verification methods, prevent access to such material 8 by minors, and provide methods for reporting 9 unauthorized or unlawful access; prohibiting the 10 retention of certain personal identifying information; 11 providing applicability and construction; authorizing 12 the Department of Legal Affairs to bring an action for 13 violations under the Florida Deceptive and Unfair 14 Trade Practices Act; providing civil penalties; 15 providing for private causes of action; providing that 16 certain commercial entities are subject to the 17 jurisdiction of state courts; providing construction; 18 authorizing the department to adopt rules; providing 19 an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Section 501.1737, Florida Statutes, is created 24 to read: 25 HB 3 2024 CODING: Words stricken are deletions; words underlined are additions. hb0003-00 Page 2 of 6 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 501.1737 Age verification for online access to materials 26 harmful to minors.— 27 (1) As used in this section, the term: 28 (a) "Commercial entity" includes a corporation, limited 29 liability company, partnership, limited partnership, sole 30 proprietorship, and any other legally recognized entity. 31 (b) "Department" means the Department of Legal Affairs. 32 (c) "Distribute" means to issue, sell, give, provide, 33 deliver, transfer, transmute, circulate, or disseminate by any 34 means. 35 (d) "Material harmful to minors" means any material that: 36 1. The average person applying contemporary community 37 standards would find, taken as a whole, appeals to the prurient 38 interest; 39 2. Depicts or describes, in a patently offensive way, 40 sexual conduct as specifically defined in s. 847.001(19); and 41 3. When taken as a whole, lacks serious literary, 42 artistic, political, or scientific value for minors. 43 (e) "News-gathering organization" means any of the 44 following: 45 1. A newspaper, news publication, or news source, printed 46 or published online or on a mobile platform, engaged in 47 reporting current news and matters of public interest, and 48 includes an employee who can provide documentation of such 49 employment. 50 HB 3 2024 CODING: Words stricken are deletions; words underlined are additions. hb0003-00 Page 3 of 6 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 2. A radio broadcast station, television broadcast 51 station, cable television operator, or wire service, and 52 includes an employee who can provide documentation of such 53 employment. 54 (f) "Publish" means to communicate or make information 55 available to another person or entity on a publicly available 56 website or application. 57 (g) "Reasonable age verification methods" means any 58 commercially reasonable method regularly used by government 59 agencies or businesses for the purpose of age and identity 60 verification. 61 (h) "Substantial portion" means more than 33.3 percent of 62 total material on a website or application. 63 (2) A commercial entity that knowingly and intentionally 64 publishes or distributes material harmful to minors on a website 65 or application, if the website or application contains a 66 substantial portion of material harmful to minors, must: 67 (a) Perform reasonable age verification methods to verify 68 the age of a person attempting to access the material is 18 69 years of age or older and prevent access to the material by a 70 person younger than 18 years of age. The reasonable age 71 verification method must be conducted by an independent third- 72 party not affiliated with the commercial entity. 73 (b) Provide an easily accessible link or function on its 74 homepage, landing page, or age verification page to allow a 75 HB 3 2024 CODING: Words stricken are deletions; words underlined are additions. hb0003-00 Page 4 of 6 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 minor user or the confirmed parent or guardian of a minor user 76 to report unauthorized or unlawful access. Within 5 days after 77 such report, the commercial entity must prohibit or block future 78 access by such minor. 79 (3) A commercial entity or third party that performs 80 reasonable age verification methods may not retain any personal 81 identifying information of the person seeking online access to 82 material harmful to minors any longer than is reasonably 83 necessary to verify the age of the person. Any personal 84 identifying information collected for age verification may not 85 be used for any other purpose. 86 (4)(a) This section does not apply to any bona fide news 87 or public interest broadcast, website video, report, or event 88 and does not affect the rights of a news-gathering organization. 89 (b) An Internet service provider or its affiliates or 90 subsidiaries, a search engine, or a cloud service provider does 91 not violate this section solely for providing access or 92 connection to or from a website or other information or content 93 on the Internet or a facility, system, or network not under the 94 provider's control, including transmission, downloading, 95 intermediate storage, or access software, to the extent the 96 provider is not responsible for the creation of the content of 97 the communication which constitutes material harmful to minors. 98 (5)(a) Any violation of subsection (2) or subsection (3) 99 is an unfair and deceptive trade practice actionable under part 100 HB 3 2024 CODING: Words stricken are deletions; words underlined are additions. hb0003-00 Page 5 of 6 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 II of this chapter solely by the department on behalf of a 101 Florida minor against a commercial entity. If the department has 102 reason to believe that a commercial entity is in violation of 103 subsection (2) or subsection (3), the department, as the 104 enforcing authority, may bring an action against the commercial 105 entity for an unfair or deceptive act or practice. For the 106 purpose of bringing an action pursuant to this section, ss. 107 501.211 and 501.212 do not apply. In addition to any other 108 remedy under part II of this chapter, the department may collect 109 a civil penalty of up to $50,000 per violation of this section. 110 (b) A commercial entity that violates subsection (2) for 111 failing to prohibit or block a minor from future access to 112 material harmful to minors after a report of unauthorized or 113 unlawful access is liable to the minor for such access, 114 including court costs and reasonable attorney fees as ordered by 115 the court. Claimants may be awarded up to $10,000 in damages. A 116 civil action for a claim under this paragraph must be brought 117 within 1 year after the violation. 118 (c) Any action under this subsection may only be brought 119 on behalf of or by a Florida minor. 120 (6) For purposes of bringing an action under subsection 121 (5), a commercial entity that publishes or distributes material 122 harmful to minors on a website or application, if the website or 123 application contains a substantial portion of material harmful 124 to minors and such website or application is available to be 125 HB 3 2024 CODING: Words stricken are deletions; words underlined are additions. hb0003-00 Page 6 of 6 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 accessed in Florida, is considered to be both engaged in 126 substantial and not isolated activities within this state and 127 operating, conducting, engaging in, or carrying on a business 128 and doing business in this state, and is therefore subject to 129 the jurisdiction of the courts of this state. 130 (7) This section does not preclude any other available 131 remedy at law or equity. 132 (8) The department may adopt rules to implement this 133 section. 134 Section 2. This act shall take effect July 1, 2024. 135

ENROLLED CS/CS/HB 3, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0003-04-er Page 1 of 20 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 An act relating to online protections for minors; 2 creating s. 501.1736, F.S.; defining terms; requiring 3 social media platforms to prohibit certain minors from 4 creating new accounts; requiring social media 5 platforms to terminate certain accounts and provide 6 additional options for termination of such accounts; 7 providing conditions under which social media 8 platforms are required to prohibit certain minors from 9 entering into contracts to become account holders; 10 authorizing the Department of Legal Affairs to bring 11 actions under the Florida Deceptive and Unfair Trade 12 Practices Act for knowing or reckless violations; 13 authorizing the department to issue and enforce civil 14 investigative demands under certain circumstances; 15 providing civil penalties; authorizing punitive 16 damages under certain circumstances; providing for 17 private causes of action; requiring that such actions 18 be brought within a specified timeframe; providing 19 that certain social media platforms are subject to the 20 jurisdiction of state courts; providing that if a 21 social media platform allows an account holder to use 22 such platform, the parties have entered into a 23 contract; providing construction; authorizing the 24 department to take certain investigative and 25 ENROLLED CS/CS/HB 3, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0003-04-er Page 2 of 20 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 compliance actions; authorizing the department to 26 adopt rules; creating s. 501.1737, F.S.; defining 27 terms; requiring a commercial entity that knowingly 28 and intentionally publishes or distributes material 29 harmful to minors on a website or application that 30 contains a substantial portion of such material to use 31 certain verification methods and prevent access to 32 such material by minors; providing applicability and 33 construction; authorizing the department to bring 34 actions under the Florida Deceptive and Unfair Trade 35 Practices Act for violations; providing civil 36 penalties; authorizing punitive damages under certain 37 circumstances; providing for private causes of action; 38 requiring that such actions be brought within a 39 specified timeframe; providing that certain commercial 40 entities are subject to the jurisdiction of state 41 courts; providing construction; authorizing the 42 department to take certain investigative and 43 compliance actions; authorizing the department to 44 adopt rules; creating s. 501.1738, F.S.; defining the 45 term "anonymous age verification"; providing 46 requirements for a third party conducting age 47 verification pursuant to certain provisions; providing 48 for severability; providing an effective date. 49 50 ENROLLED CS/CS/HB 3, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0003-04-er Page 3 of 20 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 Be It Enacted by the Legislature of the State of Florida: 51 52 Section 1. Section 501.1736, Florida Statutes, is created 53 to read: 54 501.1736 Social media use for minors.— 55 (1) As used in this section, the term: 56 (a) "Account holder" means a resident who opens an account 57 or creates a profile or is identified by the social media 58 platform by a unique identifier while using or accessing a 59 social media platform when the social media platform knows or 60 has reason to believe the resident is located in this state. 61 (b) "Daily active users" means the number of unique users 62 in the United States who used the online forum, website, or 63 application at least 80 percent of the days during the previous 64 12 months, or, if the online forum, website, or application did 65 not exist during the previous 12 months, the number of unique 66 users in the United States who used the online forum, website, 67 or application at least 80 percent of the days during the 68 previous month. 69 (c) "Department" means the Department of Legal Affairs. 70 (d) "Resident" means a person who lives in this state for 71 more than 6 months of the year. 72 (e) "Social media platform" means an online forum, 73 website, or application that satisfies each of the following 74 criteria: 75 ENROLLED CS/CS/HB 3, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0003-04-er Page 4 of 20 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. Allows users to upload content or view the content or 76 activity of other users; 77 2. Ten percent or more of the daily active users who are 78 younger than 16 years of age spend on average 2 hours per day or 79 longer on the online forum, website, or application on the days 80 when using the online forum, website, or application during the 81 previous 12 months or, if the online forum, website, or 82 application did not exist during the previous 12 months, during 83 the previous month; 84 3. Employs algorithms that analyze user data or 85 information on users to select content for users; and 86 4. Has any of the following addictive features: 87 a. Infinite scrolling, which means either: 88 (I) Continuously loading content, or content that loads as 89 the user scrolls down the page without the need to open a 90 separate page; or 91 (II) Seamless content, or the use of pages with no visible 92 or apparent end or page breaks. 93 b. Push notifications or alerts sent by the online forum, 94 website, or application to inform a user about specific 95 activities or events related to the user's account. 96 c. Displays personal interactive metrics that indicate the 97 number of times other users have clicked a button to indicate 98 their reaction to content or have shared or reposted the 99 content. 100 ENROLLED CS/CS/HB 3, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0003-04-er Page 5 of 20 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 d. Auto-play video or video that begins to play without 101 the user first clicking on the video or on a play button for 102 that video. 103 e. Live-streaming or a function that allows a user or 104 advertiser to broadcast live video content in real-time. 105 106 The term does not include an online service, website, or 107 application where the exclusive function is e-mail or direct 108 messaging consisting of text, photographs, pictures, images, or 109 videos shared only between the sender and the recipients, 110 without displaying or posting publicly or to other users not 111 specifically identified as the recipients by the sender. 112 (2)(a) A social media platform shall prohibit a minor who 113 is younger than 14 years of age from entering into a contract 114 with a social media platform to become an account holder. 115 (b) A social media platform shall: 116 1. Terminate any account held by an account holder younger 117 than 14 years of age, including accounts that the social media 118 platform treats or categorizes as belonging to an account holder 119 who is likely younger than 14 years of age for purposes of 120 targeting content or advertising, and provide 90 days for an 121 account holder to dispute such termination. Termination must be 122 effective upon the expiration of the 90 days if the account 123 holder fails to effectively dispute the termination. 124 2. Allow an account holder younger than 14 years of age to 125 ENROLLED CS/CS/HB 3, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0003-04-er Page 6 of 20 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 request to terminate the account. Termination must be effective 126 within 5 business days after such request. 127 3. Allow the confirmed parent or guardian of an account 128 holder younger than 14 years of age to request that the minor's 129 account be terminated. Termination must be effective within 10 130 business days after such request. 131 4. Permanently delete all personal information held by the 132 social media platform relating to the terminated account, unless 133 there are legal requirements to maintain such information. 134 (3)(a) A social media platform shall prohibit a minor who 135 is 14 or 15 years of age from entering into a contract with a 136 social media platform to become an account holder, unless the 137 minor's parent or guardian provides consent for the minor to 138 become an account holder. 139 (b) A social media platform shall: 140 1. Terminate any account held by an account holder who is 141 14 or 15 years of age, including accounts that the social media 142 platform treats or categorizes as belonging to an account holder 143 who is likely 14 or 15 years of age for purposes of targeting 144 content or advertising, if the account holder's parent or 145 guardian has not provided consent for the minor to create or 146 maintain the account. The social media platform shall provide 90 147 days for an account holder to dispute such termination. 148 Termination must be effective upon the expiration of the 90 days 149 if the account holder fails to effectively dispute the 150 ENROLLED CS/CS/HB 3, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0003-04-er Page 7 of 20 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 termination. 151 2. Allow an account holder who is 14 or 15 years of age to 152 request to terminate the account. Termination must be effective 153 within 5 business days after such request. 154 3. Allow the confirmed parent or guardian of an account 155 holder who is 14 or 15 years of age to request that the minor's 156 account be terminated. Termination must be effective within 10 157 business days after such request. 158 4. Permanently delete all personal information held by the 159 social media platform relating to the terminated account, unless 160 there are legal requirements to maintain such information. 161 (4) If a court enjoins the enforcement of subsection (3) 162 or would otherwise enjoin enforcement of any other provision of 163 this section due to subsection (3), then subsection (3) shall be 164 severed, and the following shall come into effect: 165 (a) A social media platform shall prohibit a minor who is 166 14 or 15 years of age from entering into a contract with a 167 social media platform to become an account holder. 168 (b) A social media platform shall: 169 1. Terminate any account held by an account holder who is 170 14 or 15 years of age, including accounts that the social media 171 platform treats or categorizes as belonging to an account holder 172 who is likely 14 or 15 years of age for purposes of targeting 173 content or advertising, and provide 90 days for an account 174 holder to dispute such termination. Termination must be 175 ENROLLED CS/CS/HB 3, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0003-04-er Page 8 of 20 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 effective upon the expiration of 90 days if the account holder 176 fails to effectively dispute the termination. 177 2. Allow an account holder who is 14 or 15 years of age to 178 request to terminate the account. Termination must be effective 179 within 5 business days after such request. 180 3. Allow the confirmed parent or guardian of an account 181 holder who is 14 or 15 years of age to request that the minor's 182 account be terminated. Termination must be effective within 10 183 business days after such request. 184 4. Permanently delete all personal information held by the 185 social media platform relating to the terminated account, unless 186 there are legal requirements to maintain such information. 187 (5) Any knowing or reckless violation of subsection (2), 188 subsection (3), or, if in effect, subsection (4) is deemed an 189 unfair and deceptive trade practice actionable under part II of 190 this chapter solely by the department against a social media 191 platform. If the department has reason to believe that a social 192 media platform is in violation of subsection (2), subsection 193 (3), or, if in effect, subsection (4), the department, as the 194 enforcing authority, may bring an action against such platform 195 for an unfair or deceptive act or practice. For the purpose of 196 bringing an action pursuant to this section, ss. 501.211 and 197 501.212 do not apply. In addition to other remedies under part 198 II of this chapter, the department may collect a civil penalty 199 of up to $50,000 per violation and reasonable attorney fees and 200 ENROLLED CS/CS/HB 3, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0003-04-er Page 9 of 20 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 court costs. When the social media platform's failure to comply 201 with subsection (2), subsection (3), or, if in effect, 202 subsection (4) is a consistent pattern of knowing or reckless 203 conduct, punitive damages may be assessed against the social 204 media platform. 205 (6)(a) A social media platform that knowingly or 206 recklessly violates subsection (2), subsection (3), or, if in 207 effect, subsection (4) is liable to the minor account holder, 208 including court costs and reasonable attorney fees as ordered by 209 the court. Claimants may be awarded up to $10,000 in damages. 210 (b) A civil action for a claim under this subsection must 211 be brought within 1 year from the date the complainant knew, or 212 reasonably should have known, of the alleged violation. 213 (c) Any action brought under this subsection may only be 214 brought on behalf of a minor account holder. 215 (7) For purposes of bringing an action under this section, 216 a social media platform that allows a minor account holder 217 younger than 14 years of age or a minor account holder who is 14 218 or 15 years of age to create an account on such platform is 219 considered to be both engaged in substantial and not isolated 220 activities within this state and operating, conducting, engaging 221 in, or carrying on a business and doing business in this state, 222 and is therefore subject to the jurisdiction of the courts of 223 this state. 224 (8) If a social media platform allows an account holder to 225 ENROLLED CS/CS/HB 3, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0003-04-er Page 10 of 20 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 use the social media platform, the parties have entered into a 226 contract. 227 (9) This section does not preclude any other available 228 remedy at law or equity. 229 (10)(a) If, by its own inquiry or as a result of 230 complaints, the department has reason to believe that an entity 231 or person has engaged in, or is engaging in, an act or practice 232 that violates this section, the department may administer oaths 233 and affirmations, subpoena witnesses or matter, and collect 234 evidence. Within 5 days, excluding weekends and legal holidays, 235 after the service of a subpoena or at any time before the return 236 date specified therein, whichever is longer, the party served 237 may file in the circuit court in the county in which it resides 238 or in which it transacts business and serve upon the enforcing 239 authority a petition for an order modifying or setting aside the 240 subpoena. The petitioner may raise any objection or privilege 241 which would be available upon service of such subpoena in a 242 civil action. The subpoena shall inform the party served of its 243 rights under this subsection. 244 (b) If the matter that the department seeks to obtain by 245 subpoena is located outside the state, the entity or person 246 subpoenaed may make it available to the department or its 247 representative to examine the matter at the place where it is 248 located. The department may designate representatives, including 249 officials of the state in which the matter is located, to 250 ENROLLED CS/CS/HB 3, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0003-04-er Page 11 of 20 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 inspect the matter on its behalf, and may respond to similar 251 requests from officials of other states. 252 (c) Upon failure of an entity or person without lawful 253 excuse to obey a subpoena and upon reasonable notice to all 254 persons affected, the department may apply to the circuit court 255 for an order compelling compliance. 256 (d) The department may request that an entity or person 257 that refuses to comply with a subpoena on the ground that 258 testimony or matter may incriminate the entity or person be 259 ordered by the court to provide the testimony or matter. Except 260 in a prosecution for perjury, an entity or individual that 261 complies with a court order to provide testimony or matter after 262 asserting a valid privilege against self-incrimination shall not 263 have the testimony or matter so provided, or evidence derived 264 therefrom, received against the entity or person in any criminal 265 investigation or proceeding. 266 (e) Any entity or person upon whom a subpoena is served 267 pursuant to this section shall comply with the terms thereof 268 unless otherwise provided by order of the court. Any entity or 269 person that fails to appear with the intent to avoid, evade, or 270 prevent compliance in whole or in part with any investigation 271 under this part or who removes from any place, conceals, 272 withholds, mutilates, alters, or destroys, or by any other means 273 falsifies any documentary material in the possession, custody, 274 or control of any entity or person subject to any such subpoena, 275 ENROLLED CS/CS/HB 3, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0003-04-er Page 12 of 20 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 or knowingly conceals any relevant information with the intent 276 to avoid, evade, or prevent compliance shall be liable for a 277 civil penalty of not more than $5,000 per week in violation, 278 reasonable attorney's fees, and costs. 279 (11) The department may adopt rules to implement this 280 section. 281 Section 2. Section 501.1737, Florida Statutes, is created 282 to read: 283 501.1737 Age verification for online access to materials 284 harmful to minors.— 285 (1) As used in this section, the term: 286 (a) "Anonymous age verification" has the same meaning as 287 in s. 501.1738. 288 (b) "Commercial entity" includes a corporation, a limited 289 liability company, a partnership, a limited partnership, a sole 290 proprietorship, and any other legally recognized entity. 291 (c) "Department" means the Department of Legal Affairs. 292 (d) "Distribute" means to issue, sell, give, provide, 293 deliver, transfer, transmit, circulate, or disseminate by any 294 means. 295 (e) "Material harmful to minors" means any material that: 296 1. The average person applying contemporary community 297 standards would find, taken as a whole, appeals to the prurient 298 interest; 299 2. Depicts or describes, in a patently offensive way, 300 ENROLLED CS/CS/HB 3, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0003-04-er Page 13 of 20 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 sexual conduct as specifically defined in s. 847.001(19); and 301 3. When taken as a whole, lacks serious literary, 302 artistic, political, or scientific value for minors. 303 (f) "News-gathering organization" means any of the 304 following: 305 1. A newspaper, news publication, or news source, printed 306 or published online or on a mobile platform, engaged in 307 reporting current news and matters of public interest, and an 308 employee thereof who can provide documentation of such 309 employment. 310 2. A radio broadcast station, television broadcast 311 station, cable television operator, or wire service, and an 312 employee thereof who can provide documentation of such 313 employment. 314 (g) "Publish" means to communicate or make information 315 available to another person or entity on a publicly available 316 website or application. 317 (h) "Resident" means a person who lives in this state for 318 more than 6 months of the year. 319 (i) "Standard age verification" means any commercially 320 reasonable method of age verification approved by the commercial 321 entity. 322 (j) "Substantial portion" means more than 33.3 percent of 323 total material on a website or application. 324 (2) A commercial entity that knowingly and intentionally 325 ENROLLED CS/CS/HB 3, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0003-04-er Page 14 of 20 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 publishes or distributes material harmful to minors on a website 326 or application, if the website or application contains a 327 substantial portion of material harmful to minors, must use 328 either anonymous age verification or standard age verification 329 to verify that the age of a person attempting to access the 330 material is 18 years of age or older and prevent access to the 331 material by a person younger than 18 years of age. The 332 commercial entity must offer anonymous age verification and 333 standard age verification, and a person attempting to access the 334 material may select which method will be used to verify his or 335 her age. 336 (3) A commercial entity must ensure that the requirements 337 of s. 501.1738 are met. 338 (4)(a) This section does not apply to any bona fide news 339 or public interest broadcast, website video, report, or event 340 and does not affect the rights of a news-gathering organization. 341 (b) An Internet service provider or its affiliates or 342 subsidiaries, a search engine, or a cloud service provider does 343 not violate this section solely for providing access or 344 connection to or from a website or other information or content 345 on the Internet or a facility, system, or network not under the 346 provider's control, including transmission, downloading, 347 intermediate storage, or access software, to the extent the 348 provider is not responsible for the creation of the content of 349 the communication which constitutes material harmful to minors. 350 ENROLLED CS/CS/HB 3, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0003-04-er Page 15 of 20 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 (5)(a) Any violation of subsection (2) or subsection (3) 351 is deemed an unfair and deceptive trade practice actionable 352 under part II of this chapter solely by the department on behalf 353 of a resident minor against a commercial entity. If the 354 department has reason to believe that a commercial entity is in 355 violation of subsection (2) or subsection (3), the department, 356 as the enforcing authority, may bring an action against the 357 commercial entity for an unfair or deceptive act or practice. 358 For the purpose of bringing an action pursuant to this section, 359 ss. 501.211 and 501.212 do not apply. In addition to any other 360 remedy under part II of this chapter, the department may collect 361 a civil penalty of up to $50,000 per violation and reasonable 362 attorney fees and court costs. When the commercial entity's 363 failure to comply with subsection (2) or subsection (3) is a 364 consistent pattern of conduct of the commercial entity, punitive 365 damages may be assessed against the commercial entity. 366 (b) A third party that performs age verification for a 367 commercial entity in violation of s. 501.1738 is deemed to have 368 committed an unfair and deceptive trade practice actionable 369 under part II of this chapter solely by the department against 370 such third party. If the department has reason to believe that 371 the third party is in violation of s. 501.1738, the department, 372 as the enforcing authority, may bring an action against such 373 third party for an unfair or deceptive act or practice. For the 374 purpose of bringing an action pursuant to this section, ss. 375 ENROLLED CS/CS/HB 3, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0003-04-er Page 16 of 20 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 501.211 and 501.212 do not apply. In addition to other remedies 376 under part II of this chapter, the department may collect a 377 civil penalty of up to $50,000 per violation and reasonable 378 attorney fees and court costs. 379 (c) A commercial entity that violates subsection (2) for 380 failing to prohibit access or prohibit a minor from future 381 access to material harmful to minors after a report of 382 unauthorized or unlawful access is liable to the minor for such 383 access, including court costs and reasonable attorney fees as 384 ordered by the court. Claimants may be awarded up to $10,000 in 385 damages. A civil action for a claim under this paragraph must be 386 brought within 1 year from the date the complainant knew, or 387 reasonably should have known, of the alleged violation. 388 (d) Any action under this subsection may only be brought 389 on behalf of or by a resident minor. 390 (6) For purposes of bringing an action under subsection 391 (5), a commercial entity that publishes or distributes material 392 harmful to minors on a website or application, if the website or 393 application contains a substantial portion of material harmful 394 to minors and such website or application is available to be 395 accessed in this state, is considered to be both engaged in 396 substantial and not isolated activities within this state and 397 operating, conducting, engaging in, or carrying on a business 398 and doing business in this state, and is therefore subject to 399 the jurisdiction of the courts of this state. 400 ENROLLED CS/CS/HB 3, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0003-04-er Page 17 of 20 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 (7) This section does not preclude any other available 401 remedy at law or equity. 402 (8)(a) If, by its own inquiry or as a result of 403 complaints, the department has reason to believe that an entity 404 or person has engaged in, or is engaging in, an act or practice 405 that violates this section, the department may administer oaths 406 and affirmations, subpoena witnesses or matter, and collect 407 evidence. Within 5 days, excluding weekends and legal holidays, 408 after the service of a subpoena or at any time before the return 409 date specified therein, whichever is longer, the party served 410 may file in the circuit court in the county in which it resides 411 or in which it transacts business and serve upon the enforcing 412 authority a petition for an order modifying or setting aside the 413 subpoena. The petitioner may raise any objection or privilege 414 which would be available upon service of such subpoena in a 415 civil action. The subpoena shall inform the party served of its 416 rights under this subsection. 417 (b) If the matter that the department seeks to obtain by 418 subpoena is located outside the state, the entity or person 419 subpoenaed may make it available to the department or its 420 representative to examine the matter at the place where it is 421 located. The department may designate representatives, including 422 officials of the state in which the matter is located, to 423 inspect the matter on its behalf, and may respond to similar 424 requests from officials of other states. 425 ENROLLED CS/CS/HB 3, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0003-04-er Page 18 of 20 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 (c) Upon failure of an entity or person without lawful 426 excuse to obey a subpoena and upon reasonable notice to all 427 persons affected, the department may apply to the circuit court 428 for an order compelling compliance. 429 (d) The department may request that an entity or person 430 that refuses to comply with a subpoena on the ground that 431 testimony or matter may incriminate the entity or person be 432 ordered by the court to provide the testimony or matter. Except 433 in a prosecution for perjury, an entity or individual that 434 complies with a court order to provide testimony or matter after 435 asserting a valid privilege against self-incrimination shall not 436 have the testimony or matter so provided, or evidence derived 437 therefrom, received against the entity or person in any criminal 438 investigation or proceeding. 439 (e) Any entity or person upon whom a subpoena is served 440 pursuant to this section shall comply with the terms thereof 441 unless otherwise provided by order of the court. Any entity or 442 person that fails to appear with the intent to avoid, evade, or 443 prevent compliance in whole or in part with any investigation 444 under this part or that removes from any place, conceals, 445 withholds, mutilates, alters, or destroys, or by any other means 446 falsifies any documentary material in the possession, custody, 447 or control of any entity or person subject to any such subpoena, 448 or knowingly conceals any relevant information with the intent 449 to avoid, evade, or prevent compliance, shall be liable for a 450 ENROLLED CS/CS/HB 3, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0003-04-er Page 19 of 20 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 civil penalty of not more than $5,000 per week in violation, 451 reasonable attorney's fees, and costs. 452 (9) The department may adopt rules to implement this 453 section. 454 Section 3. Section 501.1738, Florida Statutes, is created 455 to read: 456 501.1738 Anonymous age verification.— 457 (1) As used in this section, the term "anonymous age 458 verification" means a commercially reasonable method used by a 459 government agency or a business for the purpose of age 460 verification which is conducted by a nongovernmental, 461 independent third party organized under the laws of a state of 462 the United States which: 463 (a) Has its principal place of business in a state of the 464 United States; and 465 (b) Is not owned or controlled by a company formed in a 466 foreign country, a government of a foreign country, or any other 467 entity formed in a foreign country. 468 (2) A third party conducting anonymous age verification 469 pursuant to this section: 470 (a) May not retain personal identifying information used 471 to verify age once the age of an account holder or a person 472 seeking an account has been verified. 473 (b) May not use personal identifying information used to 474 verify age for any other purpose. 475 ENROLLED CS/CS/HB 3, Engrossed 1 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0003-04-er Page 20 of 20 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 (c) Must keep anonymous any personal identifying 476 information used to verify age. Such information may not be 477 shared or otherwise communicated to any person. 478 (d) Must protect personal identifying information used to 479 verify age from unauthorized or illegal access, destruction, 480 use, modification, or disclosure through reasonable security 481 procedures and practices appropriate to the nature of the 482 personal information. 483 Section 4. If any provision of this act or its application 484 to any person or circumstances is held invalid, the invalidity 485 does not affect other provisions or applications of this act 486 which can be given effect without the invalid provision or 487 application, and to this end the provisions of this act are 488 severable. 489 Section 5. This act shall take effect January 1, 2025. 490