Florida Senate - 2023 SB 1426
By Senator Osgood
32-00908-23 20231426__
1 A bill to be entitled
2 An act relating to device filtering; creating s.
3 501.173, F.S.; defining terms; requiring manufacturers
4 of tablets or smartphones to manufacture such devices
5 so that a filter meeting certain requirements is
6 enabled upon activation of the device in this state;
7 subjecting such manufacturer to civil and criminal
8 liability for certain acts of noncompliance; providing
9 an exception; providing civil liability for
10 individuals who enable a password to remove the
11 required filter on a device in the possession of a
12 minor under certain circumstances; authorizing the
13 Attorney General to enforce this act; providing
14 damages; authorizing a parent or legal guardian to
15 bring a civil action against certain parties who
16 violate this act under certain circumstances;
17 providing criminal penalties; providing an effective
18 date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 501.173, Florida Statutes, is created to
23 read:
24 501.173 Device filtering of content harmful to minors.—
25 (1) DEFINITIONS.—As used in this section, the term:
26 (a) “Activate” means the process of powering on a device
27 and associating it with a new user account.
28 (b) “Device” means a tablet or a smartphone manufactured on
29 or after January 1, 2024.
30 (c) “Filter” means software installed on a device which is
31 capable of preventing the device from accessing or displaying
32 material that is harmful to minors through the Internet or
33 through an application owned and controlled by the manufacturer
34 and installed on the device.
35 (d) “Harmful to minors” has the same meaning as in s.
36 847.001.
37 (e) “Manufacturer” means a person that:
38 1. Is engaged in the business of manufacturing a device;
39 2. Holds the patents for the device it manufactures; and
40 3. Has a registered agent in this state in accordance with
41 part I of chapter 607.
42 (f) “Minor” means an individual under the age of 18 who is
43 not emancipated, married, or a member of the Armed Forces of the
44 United States.
45 (g) “Password” means a string of characters or numbers or
46 any other secure method used to enable, deactivate, modify, or
47 uninstall a filter on a device.
48 (h) “Smartphone” means an electronic device that combines a
49 cellular phone with a handheld computer, typically offering
50 Internet access, data storage, texting, and e-mail capabilities.
51 (i) “Tablet” means an Internet-ready device equipped with
52 an operating system, a touchscreen display, and a rechargeable
53 battery which has the ability to support access to a cellular
54 network.
55 (2) FILTER REQUIRED.—Beginning on January 1, 2024, a
56 manufacturer shall manufacture a device that, when activated in
57 this state, automatically enables a filter that does all of the
58 following:
59 (a) Prevents the user from accessing or downloading
60 material that is harmful to minors on any of the following:
61 1. A mobile data network.
62 2. An application owned and controlled by the manufacturer.
63 3. A wired Internet network.
64 4. A wireless Internet network.
65 (b) Notifies the user of the device when the filter blocks
66 the device from downloading an application or accessing an
67 Internet website.
68 (c) Gives a user with a password the opportunity to unblock
69 a filtered application or website.
70 (d) Reasonably precludes a user other than a user with a
71 password the opportunity to deactivate, modify, or uninstall the
72 filter.
73 (e) Allows adult users, or parents or legal guardians of
74 minors, to deactivate the filter for the device or for specific
75 content.
76 (3) MANUFACTURER LIABILITY.—
77 (a) Beginning January 1, 2024, a manufacturer of a device
78 is subject to civil and criminal liability if:
79 1. The device is activated in this state;
80 2. The device does not, upon activation, enable a filter
81 that complies with the requirements described in subsection (2);
82 and
83 3. A minor accesses material that is harmful to minors on
84 the device.
85 (b) Notwithstanding paragraph (a), this section does not
86 apply to a manufacturer that makes a good faith effort to
87 provide a device that, upon activation of the device in this
88 state, automatically enables a generally accepted and
89 commercially reasonable filter in accordance with this section
90 and industry standards.
91 (4) INDIVIDUAL LIABILITY.—With the exception of a minor’s
92 parent or legal guardian, any person may be liable in a civil
93 action for enabling the password to remove the filter on a
94 device in the possession of a minor if the minor accesses
95 content that is harmful to minors on the device.
96 (5) PROCEEDINGS BY THE ATTORNEY GENERAL.—
97 (a) If the Attorney General has reason to believe a person
98 violated or is violating this section, the Attorney General,
99 acting in the public interest, may do any of the following:
100 1. Enjoin an action that constitutes a violation of this
101 section by issuing a temporary restraining order or preliminary
102 or permanent injunction.
103 2. Bring an action to recover from the alleged violator a
104 civil penalty not to exceed $5,000 per violation and not to
105 exceed a total of $50,000 in aggregate, as determined by the
106 court.
107 3. Bring an action to recover from the alleged violator the
108 Attorney General’s reasonable expenses, investigative costs, and
109 attorney fees.
110 4. Bring an action to obtain other appropriate relief as
111 provided for under this section.
112 (b) The Attorney General, in addition to other powers
113 conferred upon him or her by this subsection, may issue
114 subpoenas to any person and conduct hearings in aid of any
115 investigation or inquiry.
116 (c) The Attorney General may seek the revocation of any
117 license or certificate authorizing a manufacturer to engage in
118 business in this state.
119 (d) For purposes of assessing a penalty under this section,
120 a manufacturer is considered to have committed a separate
121 violation for each device manufactured on or after January 1,
122 2024, which violates this section.
123 (6) CIVIL ACTION BY THE PARENT OR LEGAL GUARDIAN.—
124 (a) Any parent or legal guardian of a minor who accesses
125 content that is harmful to minors in violation of this section
126 may bring a private cause of action in any court of competent
127 jurisdiction against a manufacturer that failed to comply with
128 this section. A prevailing plaintiff may recover any of the
129 following:
130 1. Actual damages or, in the discretion of the court where
131 actual damages are difficult to ascertain due to the nature of
132 the injury, liquidated damages in the amount of $50,000 for each
133 violation.
134 2. When a violation is found to be knowing and willful,
135 punitive damages in an amount determined by the court.
136 3. Nominal damages.
137 4. Such other relief as the court deems appropriate,
138 including court costs and expenses.
139 5. For a prevailing plaintiff, the collection of attorney
140 fees against a violating manufacturer.
141 (b) This section does not preclude the bringing of a class
142 action lawsuit against a manufacturer when its conduct in
143 violation of this section is knowing and willful.
144 (c) Any parent or legal guardian of a child may bring an
145 action in a court of competent jurisdiction against any person
146 who is not the parent or legal guardian of the child and who
147 enables the password to remove the filter from a device in the
148 possession of the child which results in the child’s exposure to
149 content that is harmful to minors.
150 (7) CRIMINAL PENALTIES.—
151 (a) Beginning on January 1, 2024, a person, with the
152 exception of a parent or legal guardian, may not enable the
153 password to remove the filter on a device in the possession of a
154 minor.
155 (b) A person who violates paragraph (a) is subject to a
156 fine not to exceed $5,000 for a first offense and not to exceed
157 $50,000 for a second offense. However, a person who violates
158 paragraph (a) for a second or subsequent time within 1 year of
159 the first violation commits a misdemeanor of the first degree,
160 punishable as provided in s. 775.082 or s. 775.083.
161 Section 2. This act shall take effect July 1, 2023.