The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Judiciary
BILL: CS/SB 1792
INTRODUCER: Judiciary Committee and Senators Grall and Garcia
SUBJECT: Online Access to Materials Harmful to Minors
DATE: February 6, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Collazo Cibula JU Fav/CS
2. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1792 requires commercial entities that knowingly and intentionally publish or distribute
material harmful to minors on a website or application to prohibit access to such material by any
person younger than 18 years of age, if their website or application contains a substantial portion
of material that is harmful to minors.
The bill requires commercial entities to perform reasonable age-verification methods to verify
that the age of a person attempting to access the material is 18 years of age or older. The
reasonable age-verification method must be conducted by a nongovernmental, independent third
party not affiliated with the commercial entity, and any information used to verify age must be
deleted once the age is verified.
The bill requires commercial entities to provide an easily accessible link or function on their
homepage, landing page, or age-verification page to allow a minor user or the confirmed parent
or guardian of the minor to report unauthorized or unlawful access. Commercial entities must
then prohibit or block future access by the minor within five days after receiving such a report.
The bill does not apply to news or news-gathering organizations. It also does not apply to
internet service providers, search engines, or cloud service providers that merely provide access
to websites or other systems not under their control.
Any violation of the bill’s regulations is deemed to be an unfair and deceptive trade practice,
actionable only by the Department of Legal Affairs under the Florida Deceptive and Unfair
BILL: CS/SB 1792 Page 2
Trade Practices Act. The bill also provides a private cause of action against commercial entities
that fail to prohibit or block a minor from future access to material harmful to minors, after a
report of unauthorized or unlawful access.
The bill authorizes the department to adopt rules to implement the bill. It takes effect on July 1,
2024.
II. Present Situation:
Effects of Harmful Content on Children
Internet usage and mobile technology have become mainstream, especially among teens and
young adults.1
Because the Internet is not subject to regulations, it has emerged as a vehicle for
circulation of pornography. Pornographic images are available for consumption in
the privacy of one’s home via the Internet rather than in public adult bookstores or
movie theaters. Therefore, the accessibility, affordability, and anonymity have
attracted a wider audience. Research in the United States has shown that 66% of
men and 41% of women consume pornography on a monthly basis. An estimated
50% of all Internet traffic is related to sex. These percentages illustrate that
pornography is no longer an issue of minority populations but a mass phenomenon
that influences our society.2
Many users come across pornography on the Internet who are not seeking it, and others seek it
out.3 Adult websites such as Xvideos and Pornhub are among the most visited in the U.S.,
receiving an average of 693.5 million and 639.6 million monthly visitors, respectively. Of the top
20 most visited websites, four are classified as pornographic.4
Seventy percent of teens accidentally stumble upon pornography online,5 with trends showing
teens are generally experiencing an increase in unwanted exposure to pornographic content
1
Eric W. Owens et al., The Impact of Internet Pornography on Adolescents: A Review of the Research, 19(1-2) SEXUAL
ADDICTION & COMPULSIVITY, J. TREATMENT & PREV. 99, 99-122 (2012), available at https://www.tandfonline.com/doi/
abs/10.1080/10720162.2012.660431; Amanda Lenhart, Teens, Social Media & Technology Overview 2015, Pew Research
Center, Apr. 9, 2015, https://www.pewresearch.org/internet/2015/04/09/teens-social-media-technology-2015/.
2
Simone Kühn & Jurgen Gallinat, Brain Structure and Functional Connectivity Associated With Pornography
Consumption: The Brain on Porn, 71 JAMA PSYCHIATRY 7, 827-34 (Jul. 2014), available at https://jamanetwork.com/
journals/jamapsychiatry/fullarticle/1874574.
3
Barna, Porn in the Digital Age: New Research Reveals 10 Trends, Apr. 6, 2016, https://www.barna.com/research/porn-in-
the-digital-age-new-research-reveals-10-trends/.
4
Joel Khalili, These are the most popular websites right now – and they might just surprise you (October 2023 edition),
TechRadarPro, Oct. 31, 2023, https://www.techradar.com/news/porn-sites-attract-more-visitors-than-netflix-and-amazon-
youll-never-guess-how-many.
5
The Kaiser Family Foundation, Generation Rx.com: How Young People Use the Internet for Health Information (Dec.
2001), at 12, available at https://www.kff.org/wp-content/uploads/2001/11/3202-genrx-report.pdf.
BILL: CS/SB 1792 Page 3
online.6 A sample of U.S. high school students in 2021 found that 56 percent viewed
pornography in 2020.7
Research suggests that adolescents who view pornography tend to have more sexually
permissive attitudes; have more sexual partners in their lifetime; are more likely to have engaged
in certain sexual acts;8 and are more likely to display aggression.9 Due to the correlational nature
of these findings, researchers debate whether these characteristics are precursors to pornography
use or a consequence of it; however, pornography use does appear to be a strong exacerbating
factor in individuals who have preexisting markers for sexual aggression.10
Adolescents who view pornography report feeling insecure about their ability to perform
sexually and how they look, and tend to decrease their pornography use as their self-confidence
increases or they develop positive relationships with friends and family.11 Additionally, studies
have shown that problematic or excessive pornography use actually changes the reward circuitry
in people’s brains, which can lead to a loss of self-control and addiction.12
6
Kimberly J. Mitchell et al., Trends in Youth Reports of Sexual Solicitations, Harassment and Unwanted Exposure to
Pornography on the Internet, 40 J. ADOLESCENT HEALTH 2, 116, 124 (2006), available at https://www.unh.edu/ccrc/sites/
default/files/media/2022-03/trends-in-youth-reports-of-unwanted-sexual-solicitations-harassment-and-unwanted-exposure-to-
pornography-on-the-internet.pdf.
7
Amanda Giordano, What to Know About Adolescent Pornography Exposure, Psychology Today, Feb. 27, 2022,
https://www.psychologytoday.com/us/blog/understanding-addiction/202202/what-know-about-adolescent-pornography-
exposure.
8
Debra K. Braun-Corville & Mary Rojas, Exposure to Sexually Explicit Web Sites and Adolescent Sexual Attitudes and
Behaviors, 45 J. ADOLESCENT HEALTH 2, 156-62 (2009), available at https://www.jahonline.org/article/S1054-
139X(08)00658-7/fulltext; Jane D. Brown & Kelly L. L’Engle, X-Rated Sexual Attitudes and Behaviors Associated With U.S.
Early Adolescents’ Exposure to Sexually Explicit Media, 36 J. OF GERIATRIC PSYCHIATRY & NEUROLOGY 1 (Feb. 2009),
available at https://www.researchgate.net/publication/23654736_X-Rated_Sexual_Attitudes_and_Behaviors_Associated_
With_US_Early_Adolescents'_Exposure_to_Sexually_Explicit_Media.
9
Eileen M. Alexy et al., Pornography as a Risk Marker for an Aggressive Pattern of Behavior among Sexually Reactive
Children and Adolescents, 14 J. AM. PSYCHIATR. NURSES ASS’N 6, 442-53 (2009), available at https://journals.
sagepub.com/doi/10.1177/1078390308327137.
10
Michele L. Ybarra et al., X-rated material and perpetration of sexually aggressive behavior among children and
adolescents: is there a link?, 37 AGGRESSIVE BEHAVIOR 1 (Jan./Feb. 2011), available at https://onlinelibrary.wiley.com/
doi/10.1002/ab.20367; Paul J. Wright, A MetaAnalysis of Pornography Consumption and Actual Acts of Sexual Aggression in
General Population Studies, 66 J. COMM. 1, 183-205 (Feb. 2016), available at https://academic.oup.com/joc/article-
abstract/66/1/183/4082427?redirectedFrom=fulltext.
11
Lotta Lofgren-Martenson & Sven-Axel Mason, Lust, Love, and Life: A Qualitative Study of Swedish Adolescents’
Perceptions and Experiences with Pornography, 47 J. SEX RSCH. 6, 568-79 (2010), available at https://www.tandfonline.
com/doi/abs/10.1080/00224490903151374; Thomas Lickona, Should We Teach Kids About Porn’s Harms? Yes, and Here’s
How, Psychology Today, Nov. 18, 2019, https://www.psychologytoday.com/ca/blog/raising-kind-kids/201911/should-we-
teach-kids-about-porns-harms-yes-and-heres-how; Liang Li et al., Family Functioning and problematic internet pornography
use among adolescents: a moderated mediation model, Front. Public Health, Jun. 15, 2023, https://www.ncbi.nlm.nih.gov/
pmc/articles/PMC10307975/.
12
Simone Kuhn & Jurgen Gallinat, Brain Structure and Functional Connectivity Associated with Pornography Consumption,
71 JAMA PSYCHIATRY 7, 827-34 (Jul. 2014), available at https://jamanetwork.com/journals/jamapsychiatry/fullarticle/
1874574.
BILL: CS/SB 1792 Page 4
Eight states have recently passed laws to require websites with pornography to verify the age of a
visitor and block access to minors: Louisiana,13 Utah, Arkansas, Mississippi, Montana, North
Carolina, Texas, and Virginia.14
Obscenity
Sexual expression which is indecent, but not obscene, is protected by the First Amendment.15
Material that is obscene does not enjoy the same constitutional protections.16 In determining
whether sexual expression is obscene and therefore outside the protection of the First
Amendment, courts may apply the Miller17 test, which evaluates whether:
The average person, applying contemporary community standards, would find that the work,
taken as a whole, appeals to the prurient interest.
The work depicts or describes, in a patently offensive way, sexual conduct specifically
defined by the applicable state law.
The work, taken as a whole, lacks serious literary, artistic, political, or scientific value.18
The Florida Supreme Court has determined that the applicable community standard to be used in
determining obscenity is the local county standard, explaining that such a standard “permits
maximum protection of materials acceptable in cosmopolitan areas while not forcing more
conservative areas to accept public depiction of conduct they find obscene.”19
Material Harmful to Minors
State Definitions
Under state law, “harmful to minors” means any reproduction, imitation, characterization,
description, exhibition, presentation, or representation, of whatever kind or form, depicting
nudity, sexual conduct, or sexual excitement when it:
Predominantly appeals to a prurient, shameful, or morbid interest.
Is patently offensive to prevailing standards in the adult community as a whole with respect
to what is suitable material or conduct for minors.
13
The personal story of pop-singer Billie Eilish inspired the law in Louisiana which blocks access to pornography for minors.
Eilish reported that she watched a lot of porn when she was about 11 years old. Eilish believes that the pornography had a
drastic effect on her brain and feels “incredibly devastated that I was exposed to so much porn.” The author of the bill, a sex
addiction therapist, said “I just thought how courageous it was. … It just sort of re-emphasized to me what a problem this is,
especially for our children.” The Guardian, Billie Eilish says watching porn as a child ‘destroyed my brain,’ Dec. 14, 2021,
https://www.theguardian.com/music/2021/dec/15/billie-eilish-says-watching-porn-gave-her-nightmares-and-destroyed-my-
brain; Marc Novicoff, A Simple Law Is Doing the Impossible. It’s Making the Online Porn Industry Retreat, Politico
Magazine, Aug. 8, 2024, https://www.politico.com/news/magazine/2023/08/08/age-law-online-porn-00110148.
14
Los Angeles Blade, Pornhub blocks access as new age verification laws take effect, Jan. 7, 2024, https://www.
losangelesblade.com/2024/01/07/pornhub-blocks-access-as-new-age-verification-laws-take-effect/; Dmytro Sashchuk, Age
verification regulations in the United States of America, Veriff, Nov. 15, 2023, https://www.veriff.com/fraud/learn/
age-verification-legalization-in-the-united-states-of-america.
15
Simmons v. State, 944 So. 2d 317, 323 (Fla. 2006).
16
Id.
17
Miller v. California, 413 U.S. 15, 24 (1973).
18
Id.; see also 2025 Emery Hwy, L.L.C. v. Bibb County, Georgia, 377 F. Supp. 2d 1310, 1332 (M.D. Georgia 2005)
(applying the Miller test); s. 847.001(12), F.S. (providing that a mother’s breastfeeding of her baby is not under any
circumstance obscene).
19
Johnson v. State, 351 So. 2d 10, 11 (Fla. 1977).
BILL: CS/SB 1792 Page 5
Taken as a whole, is without serious literary, artistic, political, or scientific value for
minors.20
“Sexual conduct” means any actual or simulated sexual intercourse, deviate sexual intercourse,
sexual bestiality, masturbation, or sadomasochistic abuse; actual or simulated lewd exhibition of
the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area,
buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual
desire of either party; or any act or conduct which constitutes sexual battery or simulates that
sexual battery is being or will be committed.21
“Sexual excitement” means the condition of the human male or female genitals when in a state of
sexual stimulation or arousal.22
The Florida Supreme Court has found that images in the aid of legitimate scientific or
educational purposes, such as a depiction of Michelangelo’s David transmitted for an art history
class, and an illustration of human genitalia intended for a sex education or biology class, are not
materials harmful to minors.23
Associated Laws
State law prohibits a person from knowingly transmitting, or believing that he or she was
transmitting, an image, information, or data that is harmful to minors via an electronic mail to a
specific individual known by the defendant to be a minor.24
Additionally, several federal laws prohibit access or distribution of harmful or obscene material
to a minor:
Schools and libraries that receive discounts for internet access or internal connections
through an E-rate program must:
o “Certify that they block or filter [i]nternet access” to pictures that are obscene, child
pornography, and harmful to minors on computers accessed by minors; and
o Implement an internet safety policy.25
It is a crime to knowingly use a misleading domain name on the Internet with the intent to
deceive a minor into viewing material that is harmful to minors.26
It is a crime to knowingly embed words or digital images into the source code of a website
with the intent to deceive a minor into viewing material that is harmful to minors.27
20
Section 847.001(7), F.S.
21
Section 847.001(19), F.S. A mother’s breastfeeding of her baby does not under any circumstances constitute “sexual
conduct.” Id.
22
Section 847.001(20), F.S.
23
Simmons, 944 So. 2d at 323.
24
Section 847.0138, F.S.
25
Federal Communications Commission, Children’s Internet Protection Act (CIPA), https://www.fcc.gov/consumers/
guides/childrens-internet-protection-act (last visited Jan. 25, 2024).
26
18 U.S.C. s. 2252B(b). The definition of “harmful to minors” parallels the Miller test for obscenity, as applied to minors.
See 18 U.S.C. s. 2252B(d).
27
18 U.S.C. s. 2252C.
BILL: CS/SB 1792 Page 6
It is a crime to knowingly make any internet communication for commercial purposes that is
available to any minor and that includes any material harmful to minors.28
Age Verification
Mechanisms
Many industries are currently required to use online age-verification methods, including:
Alcohol and tobacco.29
Gambling.
Firearms.30
Adult websites in the U.S. generally use checkboxes for users to confirm that they are at least 18
years of age. Recently, however, several states and the United Kingdom have enacted laws
requiring adult websites to use age-verific