Florida 2024 Regular Session Status: In Committee 2 R cosponsors

SB 1792 — Online Access to Materials Harmful to Minors

Last action — Died in Fiscal Policy, companion bill(s) passed, see CS/CS/HB 3 (Ch. 2024-42)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Online Access to Materials Harmful to Minors; Requiring a commercial entity that publishes or distributes material harmful to minors on a website or application that contains a substantial portion of such material to perform reasonable age verification methods, prevent access to such material by minors, and provide methods for reporting unauthorized or unlawful access; prohibiting the retention of certain personal identifying information, etc.

Bill Text

What changed in the latest version

108 added · 107 removed

Plain-language change summary

The updated version of SB 1792 adds specific requirements for commercial entities that publish or distribute material harmful to minors online. It now mandates reasonable age verification methods, prohibits the retention of personal identifying information, and establishes the Department of Legal Affairs' authority to take legal action against violations. These changes aim to enhance protections for minors by ensuring that harmful content is not easily accessible to them, ultimately promoting safer online environments.

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Florida Senate - 2024 SB 1792 By Senator Grall 29-01312B-24 20241792__ A bill to be entitled An act relating to online access to materials harmful to minors;
Florida Senate - 2024 CS for SB 1792 By the Committee on Judiciary;
and Senators Grall and Garcia 590-02931-24 20241792c1 A bill to be entitled An act relating to online access to materials harmful to minors;
defining terms;
providing definitions;
requiring a commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on a website or application that contains a substantial portion of such material to perform reasonable age verification methods and methods for reporting unauthorized or unlawful access;
requiring a commercial entity that publishes or distributes material harmful to minors on a website or application that contains a substantial portion of such material to perform reasonable age verification methods, prevent access to such material by minors, and provide methods for reporting unauthorized or unlawful access;
Florida Senate - 2024 SB 1792 29-01312B-24 20241792__ liability company, partnership, limited partnership, sole proprietorship, and any other legally recognized entity.
Florida Senate - 2024 CS for SB 1792 590-02931-24 20241792c1 liability company, partnership, limited partnership, sole proprietorship, and any other legally recognized entity.
(c) “Distribute” means to issue, sell, give, provide, deliver, transfer, transmute, circulate, or disseminate by any means.
(c) “Distribute” means to issue, sell, give, provide, deliver, transfer, transmit, circulate, or disseminate by any means.
The average person, applying contemporary community standards, would find, taken as a whole, appeals to the prurient interest;
The average person applying contemporary community standards would find, taken as a whole, appeals to the prurient interest;
Depicts or describes, in a patently offensive way, sexual conduct as defined in s.
Depicts or describes, in a patently offensive way, sexual conduct as specifically defined in s.
847.001;
847.001(19);
Taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
When taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
A newspaper, news publication, or news source, printed or published online or on a mobile platform, engaged in reporting current news and matters of public interest, and includes an employee who can provide documentation of such employment.
A newspaper, news publication, or news source, printed or published online or on a mobile platform, engaged in reporting current news and matters of public interest, and an employee thereof who can provide documentation of such employment.
A radio broadcast station, television broadcast station, cable television operator, or wire service, and includes an employee who can provide documentation of such employment.
A radio broadcast station, television broadcast station, cable television operator, or wire service, and an employee thereof who can provide documentation of such employment.
Florida Senate - 2024 SB 1792 29-01312B-24 20241792__ agencies and businesses for the purpose of age and identity verification.
Florida Senate - 2024 CS for SB 1792 590-02931-24 20241792c1 agencies or businesses for the purpose of age and identity verification.
(2) A commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on a website or application, if such website or application contains a substantial portion of material harmful to minors, must:
(2) A commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on a website or application, if the website or application contains a substantial portion of material harmful to minors, must:
(a) 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, and prevent access to such material by a person under 18 years of age.
(a) Perform reasonable age verification methods to verify the age of a person attempting to access the material is 18 years of age or older and prevent access to the material by a person younger than 18 years of age.
The reasonable age verification method must be conducted by an independent third party not affiliated with the commercial entity.
The reasonable age verification method must be conducted by a nongovernmental, independent, third-party not affiliated with the commercial entity.
(4)(a) This section does not apply to any bona fide news or public interest broadcast, website video, report, or event and Page 3 of 5 CODING:
(4)(a) This section does not apply to any bona fide news or Page 3 of 5 CODING:
Florida Senate - 2024 SB 1792 29-01312B-24 20241792__ does not affect the rights of a news-gathering organization.
Florida Senate - 2024 CS for SB 1792 590-02931-24 20241792c1 public interest broadcast, website video, report, or event and does not affect the rights of a news-gathering organization.
A civil action for a claim under this paragraph must be brought Page 4 of 5 CODING:
A Page 4 of 5 CODING:
Florida Senate - 2024 SB 1792 29-01312B-24 20241792__ within 1 year after the violation.
Florida Senate - 2024 CS for SB 1792 590-02931-24 20241792c1 civil action for a claim under this paragraph must be brought within 1 year after the violation.
(6) For purposes of bringing an action under subsection (5), a commercial entity that publishes or distributes material harmful to minors on a website or application, if such website or application contains a substantial portion of material harmful to minors and such website or application is available to be accessed in Florida, is considered to be both engaged in substantial and not isolated activities within this state and operating, conducting, engaging in, or carrying on a business and doing business in this state, and is therefore subject to the jurisdiction of the courts of this state.
(6) For purposes of bringing an action under subsection (5), a commercial entity that publishes or distributes material harmful to minors on a website or application, if the website or application contains a substantial portion of material harmful to minors and such website or application is available to be accessed in Florida, is considered to be both engaged in substantial and not isolated activities within this state and operating, conducting, engaging in, or carrying on a business and doing business in this state, and is therefore subject to the jurisdiction of the courts of this state.
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Action History

  1. Died in Fiscal Policy, companion bill(s) passed, see CS/CS/HB 3 (Ch. 2024-42)

  2. Now in Fiscal Policy

  3. CS by Judiciary read 1st time

  4. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  5. CS by Judiciary; YEAS 9 NAYS 0

  6. On Committee agenda-- Judiciary, 02/05/24, 2:30 pm, 110 Senate Building

  7. Introduced

  8. Referred to Judiciary; Fiscal Policy

  9. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 1 co-sponsors · 161 not signed on

Sponsors (2)

Co-sponsors (1)

Not signed on (161)

161 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable with Committee Substitute

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 6000
Unaffiliated 3001
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Book — Yea
Broxson — Yea
Stewart — Yea
Thompson, Geraldine F. "Geri" — Not Voting
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Harrell, Gayle Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Subjects

public-safety civil-rights technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1792 do?
Online Access to Materials Harmful to Minors; Requiring a commercial entity that publishes or distributes material harmful to minors on a website or application that contains a substantial portion of such material to perform reasonable age verification methods, prevent access to such material by minors, and provide methods for reporting unauthorized or unlawful access; prohibiting the retention of certain personal identifying information, etc.
Who sponsors SB 1792?
SB 1792 is sponsored by Judiciary, Grall, Erin (Republican), and Garcia, Ileana (Republican).
What is the current status of SB 1792?
This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1792?
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