The bill introduces new regulations aimed at enhancing protections for minors from accessing harmful online materials, specifically targeting developers and manufacturers of applications and devices. It establishes Section 282.803 in the Florida Statutes, defining key terms such as "application store," "child," "covered application," and "covered manufacturer." Starting January 1, 2026, developers of covered applications must evaluate the likelihood of their applications being accessed by children and inform application stores accordingly. They are also required to implement parental controls for managing children's usage and content exposure. Additionally, covered manufacturers must verify the age of the primary user upon device activation to ensure compliance with age verification requirements.

The bill amends Section 501.1737, updating definitions and mandating the use of digital age verification methods while removing previous provisions for anonymous and standard age verification. The Attorney General is granted enforcement authority, including the ability to impose civil penalties on non-compliant manufacturers. It also provides an affirmative defense for developers relying on application store age determinations and limits liability for manufacturers who take reasonable steps to verify user age. The legislation aims to create a safer digital environment for minors, with enforcement mechanisms allowing for civil penalties of up to $50,000 per violation and the ability for the department to adopt necessary compliance rules. The act is set to take effect on July 1, 2025.

Statutes affected:
S 1438 Filed: 501.1737