Florida Senate - 2021 SENATOR AMENDMENT
Bill No. CS for CS for SB 1040
Ì975404#Î975404
LEGISLATIVE ACTION
Senate . House
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Floor: WD/2R .
04/01/2021 10:24 AM .
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Senator Pizzo moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 242 and 243
4 insert:
5 Section 19. Section 501.172, Florida Statutes, is created
6 and incorporated into part I of chapter 501, Florida Statutes,
7 to read:
8 501.172 Unlawful acts by digital application distribution
9 platforms.—
10 (1) For the purpose of this section, the term:
11 (a) “Developer” means a creator of software applications
12 made available for download by users through a digital
13 application distribution platform or other digital distribution
14 platform.
15 (b) “Digital application distribution platform:”
16 1. Means a digital distribution platform for applications
17 and services provided to users on general-purpose hardware,
18 including, but not limited to, mobile phones, smartphones,
19 tablets, personal computers, and other general-purpose devices
20 connected to the Internet; and
21 2. Includes a digital distribution platform provided or
22 used only for certain types of devices, such as certain grades
23 of computing devices, devices that are made only by a particular
24 manufacturer, or devices that run a particular operating system.
25 (c) “Domiciled in this state” means that a person conducts
26 a substantial portion of his or her work to create or to
27 maintain digital applications in this state.
28 (d) “Florida user” means a user whose most recent physical
29 address shown in the records of a provider is located within
30 this state.
31 (e) “In-application payment system” means an application,
32 service, or user interface used to process payments from users
33 to developers for software applications and digital and physical
34 products and services distributed though software applications.
35 (f) “Provider” means a person who owns, operates,
36 implements, or maintains a digital application distribution
37 platform or an in-application payment system.
38 (g) “Special purpose digital application distribution
39 platform” means a digital distribution platform for single or
40 specialized categories of applications, software, and services
41 which is provided to users on hardware intended primarily for
42 specific purposes, including, but not limited to, gaming
43 consoles, music players, and other special-purpose devices
44 connected to the Internet.
45 (2) A provider of a general purpose operating system with a
46 digital application distribution platform on which cumulative
47 downloads of software applications from the digital application
48 distribution platform to Florida users exceeds 1 million
49 downloads in the previous or current calendar year may not do
50 any of the following:
51 (a) Require a developer domiciled in this state to use a
52 particular in-application payment system as the exclusive mode
53 of accepting payments from a user to download a software
54 application onto the operating system or purchase a digital or
55 physical product or service through a software application
56 installed on the operating system.
57 (b) Require exclusive use of a particular in-application
58 payment system as the mode of accepting payments from Florida
59 users to download a software application onto the operating
60 system or to purchase a digital or physical product or service
61 through a software application installed on the operating
62 system.
63 (c) Retaliate against a developer domiciled in this state
64 or a Florida user for using an in-application payment system or
65 digital application distribution platform that is not owned by,
66 operated by, or affiliated with the provider; or retaliate
67 against a developer that uses an in-application payment system
68 or digital application distribution platform to accept payments
69 or distribute applications from Florida users.
70 (3) Conduct in violation of this section is deemed to be an
71 unlawful practice. A person aggrieved by a violation of this
72 section may bring an action to enjoin the violation or for
73 restitution, or both. The court may award the plaintiff costs,
74 expenses, and reasonable attorney fees. This section does not
75 limit any other claims the plaintiff may have under any other
76 provision of law.
77 (4) This section does not apply to special-purpose digital
78 application distribution platforms.
79 (5) The Attorney General shall receive complaints and
80 investigate alleged violations of this section and may bring an
81 action in any court of competent jurisdiction to obtain legal or
82 equitable relief on behalf of a person aggrieved by such
83 violation.
84
85 ================= T I T L E A M E N D M E N T ================
86 And the title is amended as follows:
87 Delete line 37
88 and insert:
89 emergency to be extended by executive order; creating
90 s. 501.172, F.S.; defining terms; prohibiting certain
91 software providers from engaging in certain conduct;
92 authorizing an aggrieved person to seek legal
93 remedies; authorizing the court to award fees, costs,
94 and reasonable attorney fees; providing construction;
95 providing application; requiring the Attorney General
96 to receive complaints and to investigate; authorizing
97 the Attorney General to bring legal action for alleged
98 violations; amending