The bill introduces new regulations aimed at enhancing protections for minors against 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 are required to assess the likelihood of their applications being accessed by children and notify application stores accordingly. They must also implement features that allow parents to manage their children's usage and content access. Additionally, covered manufacturers are mandated to determine the age of the primary user upon device activation and comply with age verification requirements.

The bill amends Section 501.1737, updating definitions and age verification methods for commercial entities distributing harmful materials. It mandates the use of digital age verification methods and removes previous provisions regarding anonymous and standard age verification. Violations of these requirements are classified as unfair and deceptive trade practices, allowing the Department to impose civil penalties of up to $50,000 per violation. The legislation also provides an affirmative defense for developers relying on application store age determinations and limits liability for manufacturers taking reasonable steps to verify user age. Overall, the act aims to create a safer digital environment for minors while establishing clear responsibilities for developers and manufacturers, with an effective date of July 1, 2025.

Statutes affected:
S 1438 Filed: 501.1737