Bill Text: FL S1308 | 2021 | Regular Session | Introduced

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Bill Title: Sexually Explicit Images of Minors

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-04-30 - Died in Judiciary [S1308 Detail]

Download: Florida-2021-S1308-Introduced.html

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       Florida Senate - 2021                                    SB 1308
       
       
        
       By Senator Bradley
       
       
       
       
       
       5-01633A-21                                           20211308__
    1                        A bill to be entitled                      
    2         An act relating to sexually explicit images of minors;
    3         creating s. 847.01358, F.S.; defining terms; creating
    4         a cause of action against an interactive computer
    5         service for unlawful practices; providing for
    6         compensatory damages, injunctive relief, and civil
    7         penalties; providing for awards of attorney fees and
    8         costs; providing for use of pseudonyms for victims;
    9         amending s. 92.56, F.S.; conforming provisions to
   10         changes made by the act; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 847.01358, Florida Statutes, is created
   15  to read:
   16         847.01358 Cause of action for failure of an interactive
   17  computer service to remove a sexually explicit image involving a
   18  minor.—
   19         (1) As used in this section, the term:
   20         (a) “Interactive computer service” means any information
   21  service, system, or access software provider that provides or
   22  enables computer access by multiple users to a computer server,
   23  including specifically a service or system that provides access
   24  to the Internet and such systems operated or services offered by
   25  libraries or educational institutions.
   26         (b) “Minor” means a person who has not attained the age of
   27  18 years.
   28         (c) “Sexually explicit image depicting a minor” means a
   29  sexually explicit image as defined in s. 784.049(2) which
   30  depicts as its subject a person who was a minor at the time of
   31  the depiction.
   32         (2) To the extent not inconsistent with federal law and
   33  notwithstanding any other provision of state or local law, a
   34  person who, when a minor, was the subject of a sexually explicit
   35  image depicting a minor may bring a civil action against an
   36  interactive computer service if the interactive computer service
   37  fails to remove such image within 24 hours of being notified in
   38  writing of the image’s existence on the platform. If the
   39  plaintiff in such action is a minor, the action may be brought
   40  on the minor’s behalf by a parent or guardian as authorized by
   41  law.
   42         (3)(a) In a civil action brought under subsection (2), the
   43  court may award compensatory damages and may grant equitable
   44  relief, including injunctive relief, to a prevailing plaintiff.
   45  The court may also award punitive damages if the defendant’s
   46  conduct was willful.
   47         (b) In addition to the remedies in paragraph (a), the court
   48  may impose a civil penalty of $100,000 per day for noncompliance
   49  with an injunction. Funds collected from this civil penalty
   50  shall be deposited in the Crimes Compensation Trust Fund created
   51  in s. 960.21 to provide benefits under the Florida Crimes
   52  Compensation Act. The court shall award reasonable attorney fees
   53  and court costs related to the issuance of the injunction.
   54         (4) A victim who has a bona fide claim under this section
   55  shall, upon request, be provided a pseudonym, pursuant to s.
   56  92.56(3), which shall be issued and maintained by the Department
   57  of Legal Affairs for use in all legal pleadings. This identifier
   58  shall be fully recognized in all courts in this state as a valid
   59  legal identity.
   60         Section 2. Subsection (3) of section 92.56, Florida
   61  Statutes, is amended to read:
   62         92.56 Judicial proceedings and court records involving
   63  sexual offenses and human trafficking.—
   64         (3) The state may use a pseudonym instead of the victim’s
   65  name to designate the victim of a crime described in s.
   66  787.06(3)(a)1., (c)1., or (e)1., in s. 787.06(3)(b), (d), (f),
   67  or (g), or in chapter 794 or chapter 800, or of child abuse,
   68  aggravated child abuse, or sexual performance by a child as
   69  described in chapter 827, or any crime involving the production,
   70  possession, or promotion of child pornography as described in
   71  chapter 847, or at the request of a victim in an action under s.
   72  847.01358, in all court records and records of court
   73  proceedings, both civil and criminal.
   74         Section 3. This act shall take effect July 1, 2021.