Duty LXD-6010
Publishes adult content, in Florida
Florida Information Protection Act, data security and disposal dutysince 4 lines
Fla. Stat. § 501.171(2), (8) · Read the law's page
- This binds each covered entity (a sole proprietorship, partnership, corporation, trust, estate, cooperative, association, or other commercial entity that acquires, maintains, stores, or uses personal information), each governmental entity, and each third-party agent, for the data-security duty; the disposal duty binds a covered entity or third-party agent, and its own text does not separately name a governmental entity.
- Take reasonable measures to protect and secure data in electronic form containing personal information. The statute states no further content for what 'reasonable' requires beyond this general standard.
- Take all reasonable measures to dispose, or arrange for the disposal, of customer records containing personal information within your custody or control once the records are no longer to be retained, by shredding, erasing, or otherwise modifying the personal information to make it unreadable or undecipherable through any means.
- A violation of either duty is enforced only by the Department of Legal Affairs, as an unfair or deceptive trade practice under Fla. Stat. 501.207; there is no private right of action. A willful violation draws a civil penalty of up to $10,000 under the Florida Deceptive and Unfair Trade Practices Act's general penalty provision, Fla. Stat. 501.2075; the $500,000-capped penalty Fla. Stat. 501.171(9)(b) sets applies only to a violation of the separate breach-notification duty in subsection (3) or (4).
Child Sexual Abuse Material Including AI-Altered Images of a Minorsince 3 lines
Fla. Stat. § 827.071 · Read the law's page
- Do not create, alter, adapt, or modify, by electronic, mechanical, or other means, any image to portray an identifiable minor engaged in sexual conduct; this reaches an AI-generated or AI-altered image the same as an unaltered photograph.
- Do not employ, authorize, or induce a child to engage in a sexual performance; this is a first-degree felony with a 15-year mandatory minimum, or a life felony with a 25-year mandatory minimum where the child is younger than 12.
- Promoting such a performance is a second-degree felony with a 5-year mandatory minimum, and possessing with intent to promote, or knowingly soliciting, possessing, controlling, or intentionally viewing such material, is a second-degree felony.
Promotion of an Altered Sexual Depiction; Brooke's Law platform takedown dutysince 4 lines
Fla. Stat. § 836.13 · Read the law's page
- Do not willfully generate, solicit, or maliciously promote an altered sexual depiction of an identifiable person without that person's consent; each act is a separate felony of the third degree.
- An aggrieved person may sue for injunctive relief and at least $10,000 in damages or actual damages, whichever is greater, plus attorney's fees.
- If you operate a covered platform, one that primarily hosts user-generated content or that in the regular course of business publishes, hosts, or makes available nonconsensual altered sexual depictions, establish a process for a depicted person to request removal and post a clear and conspicuous notice describing it.
- Remove a validly requested altered sexual depiction, and make reasonable efforts to remove known identical copies, within 48 hours of receiving the request.
HB 3 (2024), age verification for material harmful to minorssince 2 lines
Fla. Stat. Secs. 501.1737, 501.1738 · Read the law's page
- Applies to you only if more than one third of the material on your website is harmful to minors.
- Perform reasonable age verification, confirming a visitor is 18 or older, before granting access, using a standard method or an anonymous age verification service that the visitor selects.