Law / United States / 
Florida
Promotion of an Altered Sexual Depiction; Brooke's Law platform takedown duty
In force since .
An AI prohibited practices rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- Place of effect, Content origin
- Obligation class
- Prohibition, Data subject rights
- Audit expectation
- none
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.NIST AI RMFMAP 3.3
- 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.NIST AI RMFMEASURE 3.3
- Remove a validly requested altered sexual depiction, and make reasonable efforts to remove known identical copies, within 48 hours of receiving the request.NIST AI RMFMANAGE 4.1
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
- MEASURE 3.3Feedback processes for end users and impacted communities to report problems and appeal system outcomes are established and integrated into AI system evaluation metrics.
- MANAGE 4.1Post-deployment AI system monitoring plans are implemented, including mechanisms for capturing and evaluating input from users and other relevant AI actors, appeal and override, decommissioning, incident response, recovery, and change management.
- NIST AI 600-1
- GAI-RISK-04Data Privacy
- GAI-RISK-08Information Integrity
- GAI-RISK-11Obscene, Degrading, and/or Abusive Content
- MIT mitigations Draft
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
- AIR-PREV-006Data Quality & Classification/Sensitivity
- AIR-DET-021Agent Decision Audit and Explainability
- ETSI EN 304 223
Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Each act of generating, soliciting or maliciously promoting an altered sexual depiction of an identifiable person without consent is a felony of the third degree, punishable by imprisonment of up to 5 years under section 775.082(3)(e) and a fine of up to $5,000 under section 775.083(1)(c).
Penalty structure
The ceiling is the civil penalty of not more than $10,000 for each willful violation under section 501.2075 that subsection (8)(f) reaches for a covered platform's failure to reasonably comply with the notice and removal duty. The criminal offences in subsections (2) to (4) carry the third-degree felony fine of up to $5,000 under section 775.083, and each act is a separate offense under subsection (5).
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 10,000
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
- Currency
- USD
- Per person minimum
- 10,000
Who enforces it
Enforcement body
The state attorney of the judicial circuit, or the Department of Legal Affairs where a violation affects more than one circuit, as the enforcing authority for the covered-platform duty under part II of chapter 501; aggrieved persons through the civil action in subsection (7).
Settledness
- As of
- Open questions
- Does a service that 'primarily provides a forum for user-generated content' under section 836.13(1)(b)1. reach a service whose user content is secondary to content the provider preselects, given the exclusion in subsection (8)(g)3.?
- How must a covered platform decide that a removal request under section 836.13(8)(d) is a 'valid removal request' for an 'altered sexual depiction' of an 'identifiable person' when the request rests on the requester's 'good faith belief' that the image is not consensual?
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
What this law does
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
When your app profile says your app generates content with AI, publishes adult content or operates a social platform.
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