The proposed bill aims to enhance online protections for minors by establishing new requirements for developers and manufacturers of applications and devices. It introduces a new section, 282.803, to the Florida Statutes, mandating that developers assess whether their applications are likely to be accessed by children and notify application stores accordingly. Additionally, developers must provide features for parental management of children's usage and content exposure. Covered manufacturers are required to implement age verification measures upon device activation and ensure compliance in a nondiscriminatory manner. The bill also amends section 501.1737 to revise definitions related to age verification, specifying that commercial entities must use digital age verification methods to ensure users accessing harmful materials are 18 years or older, while removing the previous requirement for anonymous and standard age verification methods.

Furthermore, the bill introduces new regulations regarding age verification for commercial entities and covered manufacturers, particularly concerning online services and content that may be harmful to minors. It mandates device-based age verification measures and requires that covered manufacturers take reasonable steps to determine user age and obtain parental consent for users under 16. Websites and applications hosting harmful content must block access for users under 18 and provide disclaimers about the content's nature. The bill establishes enforcement mechanisms, allowing the department to take action against violators with penalties of up to $50,000 per violation, and clarifies that such violations are considered unfair and deceptive trade practices. It also removes certain provisions related to civil liability for unauthorized access by minors, streamlining enforcement and emphasizing the department's authority. The act is set to take effect on July 1, 2025.

Statutes affected:
S 1438 Filed: 501.1737