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Law / United States / Florida

Promotion of an Altered Sexual Depiction; Brooke's Law platform takedown duty

Fla. Stat. § 836.13

A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.

What follows is LexLint's own research summary of this law, not legal advice.

In force since 1 October 2022.

An AI prohibited practices rule binding public and private bodies.

As of 6 September 2026.

What it requires

  • 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.

If you get it wrong

Criminal exposureYes

Private right of actionYes

Statutory damages

Civil action available to an aggrieved person under subsection (7); $10,000 or actual damages, whichever is greater, plus attorney's fees.

As of
6 September 2026
Currency
USD
Per person minimum
10,000

What it reaches

How the hook was established

express

What makes it apply

Place of effect, Content origin

What it makes you log

Logging duty

The criminal and civil prohibitions state no record-keeping duty. The notice-and-removal duty on a covered platform in subsection (8) requires posting a notice of the process and acting on a valid request within 48 hours, but it does not require the platform to keep a log or record of requests received or actions taken.

Kind
None
As of
21 September 2026

Who checks it

Audit expectation

none

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

It is a third-degree felony to willfully generate, solicit, or maliciously promote a digitally, electronically, or mechanically altered sexual depiction of an identifiable person without that person's consent, and an aggrieved person may bring a civil action for injunctive relief and at least $10,000 in damages plus attorney's fees.

A 2025 amendment cited as Brooke's Law added a duty for a covered platform, one that primarily hosts user-generated content or that in the regular course of business makes such depictions available, to establish a notice-and-removal process and to remove a validly requested depiction, and known identical copies, within 48 hours; a platform's unreasonable failure to comply is treated as an unfair or deceptive trade practice under part II of chapter 501. Florida created this prohibition in 2022. Its criminal provisions were further amended in 2025.

When LexLint raises it

  • generates_content
  • publishes_adult_content
  • operates_social_platform

Read the law

Florida Statutes, official code text, Online Sunshine

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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