Application Stores

Florida Senate
-
2026

SB 1722

By
Senator Calatayud

38-01471-26 20261722__
1 A bill to be entitled
2 An act relating to application stores; providing a
3 short title; creating s. 501.1733, F.S.; defining
4 terms; requiring an app store provider to take certain
5 steps to verify the ages of individuals who create or
6 who have existing accounts with the app store
7 provider; providing parental consent requirements for
8 accounts created or held by minors; providing
9 notification and consent requirements for apps that
10 have been significantly changed; requiring the app
11 store provider to provide age category data and
12 parental consent information to developers upon
13 request; requiring app store providers to take certain
14 steps to protect specified personal information;
15 prohibiting app store providers from enforcing
16 contracts or terms of service against a minor under
17 certain circumstances, knowingly misrepresenting
18 certain information, or sharing age category data;
19 requiring developers to take certain steps to verify
20 age information and to comply with certain measures;
21 providing limits on and requirements for developers
22 requesting age data; prohibiting developers from
23 enforcing contracts or terms of service against a
24 minor under certain circumstances, knowingly
25 misrepresenting certain information, or sharing age
26 category data; authorizing minors, or the parents of
27 minors, to bring civil actions against app store
28 providers or developers for violations of the act;
29 authorizing courts to award prevailing plaintiffs with
30 specified damages, fees, and costs; providing that a
31 violation of this act is an unfair and deceptive trade
32 practice; authorizing the Department of Legal Affairs
33 to bring an action against app store providers and
34 developers; providing jurisdiction; requiring the
35 department to adopt specified rules; providing
36 applicability; providing construction; providing for
37 severability; providing an effective date.
38
39 Be It Enacted by the Legislature of the State of Florida:
40
41 Section 1.
This act may be cited as the “App Store

42
Accountability Act.”

43 Section 2. Section 501.1733, Florida Statutes, is created
44 to read:
45
501.1733
Application stores.—

46
(1)

DEFINITIONS.—As used in this section, the term:

47
(a)

“
Account holder” means an individual associated with a

48
mobile device.

49
(b)

“Age category” means one of the following categories of

50
individuals, based on age:

51
1.

A child, which means an individual who is under 13 years

52
of age;

53
2.

A younger teenager, which means an individual who is at

54
least 13 years of age and under 16 years of age;

55
3.

An older teenager, which means an individual who is at

56
least 16 years of age and under 18 years of age; or

57
4.

An adult, which means an individual who is at least 18

58
years of age.

59
(c)

“
Age category data” means information about an account

60
holder’s age category collected by an app store provider and

61
shared with a developer.

62
(d)

“
Age rating” means one or more classifications that

63
assess the suitability of an app’s content and functions for

64
different age categories.

65
(e)

“
App” means a software application or electronic

66
service that a user may run or direct on a mobile device. The

67
term includes preinstalled applications.

68
(f)

“
App store” means any publicly available website,

69
software application, or electronic service that allows an

70
account holder to download an app from a third-party developer

71
onto a mobile device.

72
(g)

“App store provider” means a person that owns,

73
operates, or controls an app store.

74
(h)

“Content description” means a description of the

75
specific content elements or functions that informed an app’s

76
age rating.

77
(i)

“Department” means the Department of Legal Affairs.

78
(j)

“Developer” means a person that owns or controls an app

79
made available through an app store or an app preinstalled onto

80
a mobile device.

81
(k)

“Knowingly” mean to act with actual knowledge or to act

82
with knowledge fairly inferred based on objective circumstances.

83
(l)

“Minor” means,

unless the individual is married or

84
legally emancipated, an individual under 18 years of age.

85
(m)

“Minor account” means an account with an app store

86
provider, established by an individual who is a minor, which is

87
affiliated with a parent account.

88
(n)

“Mobile device” means a phone or general-purpose tablet

89
that:

90
1.

Provides cellular or wireless connectivity;

91
2.

Is capable of connecting to the Internet;

92
3.

Runs a mobile operating system; and

93
4.

Is capable of running apps through the mobile operating

94
system.

95
(o)

“Mobile operating system” means software that:

96
1.

Manages mobile device hardware resources;

97
2.

Provides common services for mobile device programs;

98
3.

Controls memory allocation; and

99
4.

Provides interfaces for apps to access device

100
functionality.

101
(p)

“Parent” means, with respect to a minor, an individual

102
reasonably believed to be a parent, a legal guardian, an

103
individual with legal custody, or any other individual who has

104
the legal authority to make decisions on behalf of the minor

105
under applicable state law.

106
(q)

“Parent account” means an account with an app store

107
provider which:

108
1.

Is verified to be established by an individual who the

109
app store provider has determined is at least 18 years of age or

110
married or emancipated through the app store provider’s age

111
verification methods; and

112
2.

May be affiliated with one or more minor accounts.

113
(r)

“Parental consent disclosure” includes the following

114
information:

115
1.

If the app store provider has an age rating for the app

116
or in-app purchase, the app’s or in-app purchase’s age rating;

117
2.

If the app store provider has a content description for

118
the app or in-app purchase, the app’s or in-app purchase’s

119
content description;

120
3.

A description of:

121
a.

The personal data collected by the app from an account

122
holder in compliance with, if applicable, part V of this

123
chapter; and

124
b.

The personal data shared by the app and the methods

125
implemented by the developer to protect the personal data,

126
including,

if the app meets the definition of a controller under

127
s. 501.702, the methods implemented by the developer to comply

128
with part V of this chapter; and

129
4.

Whether personal data is collected by the app and the

130
methods implemented by the developer to protect the personal

131
data, and, if the app meets the definition of a controller under

132
s. 501.702, the methods implemented by the developer to comply

133
with part V of this chapter.

134
(s)

“Preinstalled application” means any app, or portion

135
thereof, which is present on a mobile device at the time of

136
purchase, initial activation, or first use by the consumer,

137
including browsers, search engines, and messaging, but excluding

138
core operating system functions, essential device drivers, and

139
applications necessary for basic device operation such as phone

140
call, settings, and emergency service applications. The term

141
includes apps, or portions thereof, installed or partially

142
installed by the device manufacturer, wireless service provider,

143
retailer, or any other party before purchase, initial

144
activation, or first use by the consumer and which may be

145
updated thereafter.

146
(t)

“Significant change” means a material modification to

147
an app’s terms of service or privacy policy which:

148
1.

Changes the categories of data collected, stored, or

149
shared;

150
2.

Alters the app’s age rating or content descriptions; or

151
3.

Introduces in-app purchases where in-app purchases were

152
not previously present or introduces advertisements where

153
advertisements were not previously present in the app.

154
(u)

“Verifiable parental consent” means authorization that:

155
1.

Is provided by a parent account;

156
2.

Is given after the app store provider has clearly and

157
conspicuously provided the parental consent disclosure as part

158
of the app download, purchase, or in-app purchase process; and

159
3.

Requires the parent to make an affirmative choice to

160
grant consent or decline consent.

161
(2)

APP STORE PROVIDERS.—

162
(a)

An app store provider shall do all of the following:

163
1.

At the time an individual located in this state creates

164
an account with the app store provider, or for existing

165
accounts, by July 1, 2028, request age category information from

166
the individual and verify the individual’s age category using:

167
a.

Commercially available methods reasonably designed to

168
ensure accuracy; or

169
b.

An age verification method or process that complies with

170
department rule.

171
2.

If the app store provider determines the individual is a

172
minor, require that the account be affiliated with a parent

173
account and obtain verifiable parental consent from the holder

174
of the affiliated parent account each time before allowing the

175
minor to download an app, purchase an app, or make an in-app

176
purchase.

177
3.

After receiving notice of a significant change from a

178
developer, notify the account holder of the significant change

179
and, for a minor account, notify the parent account and obtain

180
renewed verifiable parental consent before providing access to

181
the significantly changed version of the app.

182
4.

Provide to a developer, in response to a request

183
authorized under subsection (3), age category data for an

184
account holder located in this state and the status of

185
verifiable parental consent for a minor located in this state.

186
5.

Provide a mechanism for a parent account to withdraw

187
consent and notify a developer when a parent revokes verifiable

188
parental consent.

189
6.

Protect age category data and any associated

190
verification data by:

191
a.

If applicable, complying with s. 501.1735;

192
b.

Limiting collection and processing to data necessary for

193
verifying an account holder’s age category, obtaining verifiable

194
parental consent, or maintaining compliance records; and

195
c.

Transmitting age category data using industry-standard

196
encryption protocols that ensure data integrity and data

197
confidentiality.

198
7.

For preinstalled apps, provide available age category

199
information in response to a request from a developer and take

200
reasonable measures to facilitate verifiable parental consent

201
for use of the app in response to a request from a developer.

202
(b)

An app store provider may not:

203
1.

Enforce a contract or terms of service against a minor

204
unless the app store provider has obtained verifiable parental

205
consent;

206
2.

Knowingly misrepresent the information in the parental

207
consent disclosure; or

208
3.

Share age category data and any associated data except

209
as required by this section or otherwise required by law.

210
(3)

DEVELOPERS.—

211
(a)

A developer shall:

212
1.

Verify through the app store’s data-sharing methods the

213
age category data of account holders located in this state, and

214
for a minor’s account, whether verifiable parental consent has

215
been obtained;

216
2.

Notify app store providers of significant changes to an

217
app;

218
3.

Use age category data received through the app store’s

219
data-sharing methods to enforce any developer-created, age

220
related restrictions, safety-related features, or defaults, and

221
to enforce compliance with applicable laws and regulations; and

222
4.

Request any age category data or verifiable parental

223
consent at the time an account holder downloads an app,

224
purchases an app, or launches a preinstalled app for the first

225
time; when implementing a significant change to the app; or to

226
comply with applicable law.

227
(b)

A developer may request age category data:

228
1.

No more than once during each 12-month period to verify

229
the accuracy of age category data associated with an account

230
holder or the continued account use within an age category

231
listed in paragraph (1)(b);

232
2.

When there is reasonable suspicion of an account

233
transfer or misuse outside of the age category; or

234
3.

At the time an account holder creates a new account with

235
the developer.

236
(c)

When implementing any developer-created, age-related

237
restrictions, safety-related features, or defaults, a developer

238
must use the lowest age category listed in paragraph (1)(b)

239
indicated by age category data received through the app store’s

240
data-sharing methods or age data independently collected by the

241
developer.

242
(d)

A developer may not:

243
1.

Enforce a contract or terms of service against a minor

244
unless the developer has verified through an app store’s data

245
sharing methods that verifiable parental consent has been

246
obtained;

247
2.

Knowingly misrepresent any information in the parental

248
consent disclosure; or

249
3.

Share age category data with any person.

250
(4)

ENFORCEMENT.—

251
(a)

A minor who has been harmed by a violation of this

252
section, or such minor’s parent, may bring a civil action

253
against an app store provider or a developer. In such action,

254
the court shall award a prevailing plaintiff:

255
1.

The greater of actual damages or $1,000 for each

256
violation;

257
2.

Punitive damages if the violation was egregious;

258
3.

Reasonable attorney fees; and

259
4.

Litigation costs.

260
(b)

A violation of this section is an unfair and deceptive

261
trade practice actionable under part II of this chapter by the

262
department. The department may bring an action against an app

263
store provider or a developer to:

264
1.

Recover a civil penalty not to exceed $7,500 for each

265
violation;

266
2.

Restrain or enjoin the app store provider or developer

267
from violating this section;

268
3.

Seek injunctive relief;

269
4.

Recover reasonable attorney fees; and

270
5.

Recover litigation costs and the costs of investigating

271
the violation.

272
(c)

For the purpose of bringing an action pursuant to this

273
section, ss. 501.211 and 501.212 do not apply.

274
(5)

JURISDICTION.—For purposes of bringing an action

275
pursuant to this section, any person who meets the definition of

276
an app store provider or developer which operates or develops an

277
app store or app likely to be accessed by minors and accessible

278
by minors located in this state is considered to be both engaged

279
in substantial and not isolated activities within this state and

280
operating, conducting, engaging in, or carrying on a business

281
and doing business in this state, and is therefore subject to

282
the jurisdiction of the courts of this state.

283
(6)

RULES.—The department shall adopt rules to establish

284
definite processes and means by which an app store provider may

285
verify an account holder’s age category in accordance with this

286
section.

287
(7)

SAFE HARBOR; APPLICABILITY.—

288
(a)

A developer is not liable for a violation of this

289
section if the developer demonstrates that the developer:

290
1.

Relied in good faith on applicable age category data

291
received through an app store’s data-sharing methods;

292
2.

Relied in good faith on notification from an app store

293
provider that verifiable parental consent was obtained if the

294
account holder was a minor; and

295
3.

Complied with the requirements of subsection (3).

296
(b)

In determining an app’s age rating and content

297
description for purposes of this section, a developer is not

298
liable for a violation of this section if the developer uses

299
widely adopted industry standards to determine the app’s age

300
category and content description and applies those standards

301
consistently and in good faith.

302
(c)

This subsection applies only to actions brought under

303
this section and does not limit a developer’s or app store

304
provider’s liability under any other applicable law.

305
(d)

This section does not displace any other available

306
rights or remedies authorized under federal or Florida law.

307
(8)

CONSTRUCTION.—This act may not be construed to do any

308
of the following:

309
(a)

Prevent an app store provider or developer from taking

310
reasonable measures to block, detect, or prevent distribution to

311
minors of unlawful material, obscene material, or other harmful

312
material; block or filter spam; prevent criminal activity; or

313
protect app store or app security.

314
(b)

Require an app store provider to disclose user

315
information to a developer beyond age category data or status of

316
parental consent.

317
(c)

Allow an app store provider or developer to implement

318
measures required by this section in a manner that is arbitrary,

319
capricious, anticompetitive, or unlawful.

320
(d)

Require an app store provider or developer to obtain

321
verifiable parental consent for an app that:

322
1.

Provides direct access to emergency services, including

323
911, crisis hotlines, or emergency assistance services, legally

324
available to minors;

325
2.

Limits data collection to information necessary to

326
provide emergency services in compliance with the Children’s

327
Online Privacy Protection Act, 15 U.S.C. s. 6501 et seq.;

328
3.

Provides access without requiring account creation or

329
collection of unnecessary personal information; and

330
4.

Is operated by or in partnership with a governmental

331
entity, a nonprofit organization, or an authorized emergency

332
service provider.

333
(e)

Require a developer to collect, retain, reidentify, or

334
link any information beyond what is necessary to verify age

335
category data as required by this section, and what is

336
collected, retained, reidentified, or linked in the developer’s

337
ordinary course of business.

338
(f)

Require an app store provider or developer to block

339
access to an application that an account holder has downloaded

340
or installed onto a mobile device before July 1, 2027, except to

341
the extent that a parent account revokes verifiable consent for

342
an affiliated minor account or there has been a significant

343
change to the application.

344 Section 3.
If any provision of this act or its application

345
to any person or circumstance is held invalid, the invalidity

346
does not affect other provisions or applications of this act

347
which can be given effect
without the invalid provision or

348
application, and to this end the provisions of this act are

349
severable.

350 Section 4. This act shall take effect July 1, 2027.