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‘Brooke’s Law’ to remove porn deepfakes clears final House hurdle before reaching floor

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Brooke’s Law” (HB 1161) is one step closer to becoming law after a meeting of the House Commerce Committee.

The bill is designed to require internet platforms to remove altered sexual depictions and copies of such depictions from their platform upon request of the victim. It’s now ready for the House floor.

Speaker Pro Tempore Wyman Duggan introduced the legislation this Session. It was inspired by what Jacksonville’s Brooke Curry went through in 2023, when a deepfake nude of her was posted to social media.

But Duggan noted that the problem was much more widespread than that faced by a single Jacksonville student.

“Deepfakes and the misuse of synthetic content pose a clear, present and evolving threat to the public,” Duggan said. “Ninety-eight percent of the deepfake videos found online are explicitly pornographic and 99% of those feature women.”

The legislation would require internet platforms to develop and prominently promote a policy by the end of 2025 for removing deepfake images and videos of this type after someone is victimized in this way.

Curry noted the irony of having to testify about the “embarrassing, cruel, vulgar … false representation of who (I) was” just after one of the biggest days of her life.

“Two days ago I was doing what a lot of high schoolers look forward to doing. I attended my senior prom with all my friends. These are the kind of memories of high school we should be making,” she said. Curry then told lawmakers about the frustrating process of trying to get the image offline and her need to “bring awareness to the issue” to show other victims “you’re not alone” and something can be done.

The bill, which envisions the Florida Unfair Trade and Deceptive Practices Act as its enforcement mechanism, expands on legislation championed by former Senate Democratic Leader Lauren Book that imposed criminal and civil penalties by creating law to force sites to take the objectionable image down.

The goal, as Curry said, is to “take back control and hold these bad actors accountable.”

Members of both parties extolled Curry for her bravery and willingness to lead on the issue.

“You are brave,” said Democratic Rep. Michele Rayner. “You are a badass.”

Rep. Christine Hunschofsky lauded Curry for providing “support” to others who may encounter the same situation she did. “It’s so nice when we see advocacy work and make a difference,” the Parkland Democrat said.

Republican Rep. Chase Tramont said the incident “could have destroyed your life,” but “you let it empower you.”

Republican Rep. Yvette Benarroch said Curry “turned something painful into purpose” and gave those who aren’t as strong as her a “voice.”

The Senate version of the proposal (SB 1400) will be heard in its final committee on Thursday.


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House panel moves forward free medical pot cards for vets

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The path for this is uncertain in the Senate.

Those who sacrificed for their country may be positioned to get free medical marijuana cards in Florida under a bill advanced by a unanimous vote of the House Health and Human Services Committee.

Pensacola Republican Rep. Alex Andrade originally introduced the legislation (HB 555). He said the bill, now a committee substitute significantly pared down from the original product, would make recertifications happen every two years rather than annually, and would exempt military veterans from paying the $75 fee.

NORML Tallahassee’s Melissa Villar spoke in favor of the bill, but suggested free cards as well for the disabled, the medically needy and the low income as well as some break for fees for caregivers for the same group.

Retired combat veteran Tammy Rose said veterans “need and deserve” the proposed accommodation, noting the certification cost could be spent on medicine.

“We want to get better. We don’t want to get high,” Rose said. “I feel like we are getting a good, small victory here.”

The ultimate victory remains to be seen.

The bill has one committee stop left in the House, but no Senate version of the legislation has gotten a committee hearing yet.


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House to consider 15% tax on consumable hemp goods

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An amendment from Michelle Salzman addresses budget issues surrounding a regulatory framework.

Rep. Michelle Salzman overnight filed an amendment to House hemp legislation that would levy a 15% excise tax on THC-infused goods.

New proposed language for a House committee bill (HB 7029) would impose the tax on consumable goods derived from hemp. The legislation, first passed out of the House Housing, Agriculture & Tourism Subcommittee, would have imposed higher taxes similar to cigarettes for edible products. But this legislation sets a lower 15% excise tax on hemp consumables across the board.

That’s a lower amount than Salzman, a Pensacola Republican, discussed with Florida Politics over the weekend, when she suggested a 20% charge would be proposed. That suggests House conversations are shifting toward lower charges being adopted.

The amendment will be taken up at a House Budget Committee meeting at 8 a.m. on Wednesday morning.

In addition to setting the tax, the amendment also establishes how much of the revenue raised should be spent. The proposed language allocates the first $6 million of proceeds to go toward law enforcement and testing, with the rest funding general revenue.

The legislation also puts tax filing requirements on dealers, including electronic filing for any dealer of hemp consumables who has paid more than $5,000 in taxes in recent years.

This amendment deals entirely with financial issues surrounding the effort in the Legislature to establish a regulatory framework around hemp. The House Budget Committee will also take up a policy-focused bill (HB 7027), and Salzman has signaled another amendment to that legislation will be filed before both hemp bills land before the House Commerce Committee ahead of Session’s end.

The Senate has already passed hemp legislation as a single bill (SB 438), and Salzman said the chambers will likely have to negotiate differences between the bills in conference.

Meanwhile, the work this year follows efforts to pass regulations last year that were ultimately vetoed by Gov. Ron DeSantis.


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Legislature shuns refined ‘Safe Waterways Act’ a year after Gov. DeSantis veto

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Florida lawmakers voted unanimously in both chambers last year to create a statewide system under the Department of Health (DOH) to send warnings and issue beach, canal and pool closures within 24 hours of a safety issue.

The bipartisan measure known as the “Safe Waterways Act” then went to Gov. Ron DeSantis, who vetoed it. He said the bill suffered from “a fatal infirmity” because it granted DOH authority to supersede local jurisdictions on beach operations.

So, two of the legislation’s three sponsors, Doral Republican Sen. Ana Maria Rodriguez and Highland Beach Republican Rep. Peggy Gossett-Seidman, considered the Governor’s feedback when crafting a more modest proposal for the 2025 Session.

The result was twin bills (SB 156, HB 73), which would have transferred water sampling duties from DOH to the Department of Environmental Protection (DEP), created new reporting requirements and a publicly accessible interagency database, and established a process to close public bathing areas where contaminations occur.

Gossett-Seidman said this year’s version wasn’t as costly as its predecessor and placed closure authority with a more appropriate agency. But despite those changes, SB 156 and HB 73 were ignored in their respective chambers.

With just over two weeks remaining before Sine Die, both are on track to die unheard. Meanwhile, complaints of rampant water pollution and Florida’s lax water quality regulations continue to mount.

“This year, the focus has not been on water, which is OK,” Gossett-Seidman told Florida Politics this week.

“The Everglades is going well. There’s a term for when people become engaged on an issue just because someone files a bill, and it seems as if that’s already happening in my county and others. I’ve heard back. People are paying better attention to their water management and water emergency issues.”

That’s not to say she’s given up on her legislation. Gossett-Seidman said she’s been talking with DeSantis’ Office to further fine-tune the bill’s language so it’s more palatable.

“We’ve all been in discussion and decided we’re going to need another year and through the Summer to work on it. I’m fine with the extra time. I’ve got a lot of organizations assisting outside of the government agencies, and everyone wants the same results. They’re just not sure which way to channel the responsibility,” she said.

“It’s been acknowledged that the agencies are working harder on addressing contaminations locally and through their counties. So, I’m fine with hanging on to it another year. The fact it’s out there has been a blessing; it’s had some excellent effects so far.”

SB 156 was to first be heard in the Senate Health Policy Committee, chaired by Winter Haven Republican Sen. Colleen Burton. HB 73 was first referred to the House Natural Resources and Disasters Subcommittee, chaired by Bonita Springs Republican Rep. Adam Botana.

On a somewhat related note, the Senate this month passed a bill (SB 56) by Miami Republican Sen. Ileana Garcia to set steep penalties for weather manipulation and geoengineering, require DEP to investigate complaints and compel airport operators to report suspicious activities.

DeSantis released a video backing the legislation while complaining that the House “gutted” its lower-chamber analog (HB 477) by Tallahassee Republican Rep. Kevin Steele so that it “would actually codify the practice of geoengineering and weather modification.”

“People got a lot of kooky ideas that they can get in and put things in the atmosphere to block the sun and save us from climate change,” DeSantis said. “We’re not playing that game in Florida.”


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