Privacy Law Library

Altered Sexual Depictions; Brooke's Law (platform notice-and-removal)

Florida Altered Sexual Depictions Law (Brooke's Law)

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Florida's deepfake sexual-imagery law, created in 2022 (SB 1798). It criminalizes generating, soliciting, or maliciously promoting realistic altered sexual images of real people without consent and gives victims a civil claim. Brooke's Law (HB 1161, 2025) added a platform duty: by December 31, 2025, covered platforms had to set up a process to take down such images within 48 hours of a valid request.

Where
Florida
Citation
Fla. Stat. 836.13
Status
In force
In force since
2022-10-01
Last amended
2026-07-01
Enforced by
State attorneys (criminal); Florida Department of Legal Affairs and FDUTPA enforcers (platform duties); private plaintiffs
People can sue
Yes
Penalties
Generating, soliciting, or maliciously promoting a nonconsensual altered sexual depiction is a third-degree felony; each act is a separate offense (836.13(2)-(5)). Victims may sue for injunctive relief, the greater of $10,000 or actual damages, and attorney's fees (836.13(7)). A platform's unreasonable failure to follow the notice-and-removal rules is an unfair or deceptive trade practice under FDUTPA (836.13(8)(f)).
Applies to
  • Any person who generates, solicits, or maliciously promotes an altered (for example AI-generated or deepfake) sexual depiction of an identifiable person without consent (836.13(2)-(4))
  • Covered platforms: public-facing websites, online services, and apps that primarily host user-generated content, or whose regular business is to publish or host nonconsensual altered sexual depictions (836.13(1)(b))
  • The removal duty excludes information and telecommunications services carrying others' content, e-mail, and mainly curated non-user-generated services where chat is incidental (836.13(8)(g))

What a privacy notice must say

  • Post a clear, conspicuous, plain-language notice (or link) explaining the removal process and the platform's responsibilities.Fla. Stat. 836.13(8)(c) · From 2025-12-31

Rights it gives people

  • A person depicted may sue a violator for an injunction, the greater of $10,000 or actual damages, and attorney's fees.Fla. Stat. 836.13(7)

Practices it requires

  • Do not willfully generate, or knowingly solicit, an altered sexual depiction of an identifiable person without that person's consent.Fla. Stat. 836.13(2)-(3)
  • Do not willfully and maliciously promote, or possess with intent to promote, a nonconsensual altered sexual depiction; a disclaimer that the person did not participate is no defense.Fla. Stat. 836.13(4), (6)
  • Covered platforms must maintain a process letting an identifiable person (or authorized agent) notify the platform of a nonconsensual altered sexual depiction and request its removal.Fla. Stat. 836.13(8)(a)-(b) · From 2025-12-31
  • Within 48 hours of a valid request, remove the depiction and make reasonable efforts to find and remove known identical copies.Fla. Stat. 836.13(8)(d) · From 2025-12-31

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: The Brooke's Law subsections are cited as renumbered in the 2026 statutes ((8) rather than (6) as enacted). The 2026 renumbering is attributed to chs. 2026-14, 2026-18, and 2026-20 but was not traced line by line. | Ch. 2025-99 (HB 757, effective October 1, 2025) also amended s. 836.13; its specific change was not reviewed. | The 2026 statute text was read from flsenate.gov because leg.state.fl.us was refusing connections at the time.

Research reference, not legal advice.