Florida Statutes
Part I - General Provisions (Ss. 501.001-501.171)
501.155 - Electronic dissemination of commercial recordings or audiovisual works; required disclosures; injunctive relief.


(1) SHORT TITLE.—This section may be cited as the “True Origin of Digital Goods Act.”
(2) APPLICABILITY.—This section is supplemental to those provisions of state and federal criminal and civil law which impose prohibitions or provide penalties, sanctions, or remedies against the same conduct prohibited by this section. This section does not:
(a) Bar any cause of action or preclude the imposition of sanctions or penalties that would otherwise be available under state or federal law.
(b) Impose liability on providers of an interactive computer service, communications service as defined in s. 202.11(1), commercial mobile service, or information service, including, but not limited to, an Internet access service provider, advertising network or exchange, domain name registration provider, and a hosting service provider, if they provide the transmission, storage, or caching of electronic communications or messages of others or provide another related telecommunications service, commercial mobile radio service, or information service, for use of such services by another person in violation of this section. This exemption from liability is consistent with and in addition to any liability exemption provided under 47 U.S.C. s. 230.

(3) DEFINITIONS.—As used in this section, the term:
(a) “Commercial recording or audiovisual work” means a recording or audiovisual work whose owner, assignee, authorized agent, or licensee has disseminated or intends to disseminate such recording or audiovisual work for sale, for rental, or for performance or exhibition to the public, including under license, but does not include an excerpt consisting of less than substantially all of a recording or audiovisual work. A recording or audiovisual work may be commercial regardless of whether a person who electronically disseminates it seeks commercial advantage or private financial gain from the dissemination. The term does not include video games, depictions of video game play, or the streaming of video game activity.
(b) “Electronic dissemination” means initiating a transmission of, making available, or otherwise offering a commercial recording or audiovisual work for distribution, display, or performance through the Internet or other digital network, regardless of whether another person has previously electronically disseminated the same commercial recording or audiovisual work.
(c) “E-mail address” means an electronic mail address as defined in s. 668.602.
(d) “Website” means a set of related web pages served from a single web domain. The term does not include a home page or channel page for the user account of a person who is not the owner or operator of the website upon which such user home page or channel page appears.

(4) DISCLOSURE OF INFORMATION.—
(a) A person who owns or operates a website or online service dealing in substantial part in the electronic dissemination of third-party commercial recordings or audiovisual works, directly or indirectly, and who electronically disseminates such works to consumers in this state shall clearly and conspicuously disclose his or her true and correct name, physical address, and telephone number or e-mail address on his or her website or online service in a location readily accessible to a consumer using or visiting the website or online service.
(b) The following locations are deemed readily accessible for purposes of this subsection:
1. A landing or home web page or screen;
2. An “about” or “about us” web page or screen;
3. A “contact” or “contact us” web page or screen;
4. An information web page or screen; or
5. Another place on the website or online service commonly used to display identifying information to consumers.


(5) INJUNCTIVE RELIEF.—
(a) An owner, assignee, authorized agent, or licensee of a commercial recording or audio visual work electronically disseminated by a website or online service in violation of this section may bring a private cause of action to obtain a declaratory judgment that an act or practice violates this section and enjoin any person who knowingly has violated, is violating, or is otherwise likely to violate this section. As a condition precedent to filing a civil action under this section, the aggrieved party must make reasonable efforts to place an individual alleged to be in violation of this section on notice that the individual may be in violation of this section and that failure to cure within 14 days may result in a civil action filed in a court of competent jurisdiction.
(b) Upon motion of the party instituting the action, the court may make appropriate orders to compel compliance with this section.
(c) The prevailing party in a cause under this section is entitled to recover necessary expenses and reasonable attorney fees.

History.—s. 1, ch. 2015-53; s. 1, ch. 2022-209.

Structure Florida Statutes

Florida Statutes

Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations

Chapter 501 - Consumer Protection

Part I - General Provisions (Ss. 501.001-501.171)

501.001 - Florida Anti-Tampering Act.

501.005 - Consumer report security freeze.

501.0051 - Protected consumer report security freeze.

501.011 - Credit cards; unsolicited delivery or mailing prohibited.

501.0113 - Unsolicited goods; no obligation on part of recipient.

501.0115 - Service station credit cards and franchise agreements; certain restrictions on sales and purchasers prohibited.

501.0117 - Credit cards; transactions in which seller or lessor prohibited from imposing surcharge; penalty.

501.0118 - Restrictions on information printed on receipts for payment-card transactions; penalties.

501.012 - Health studios; legislative findings.

501.0125 - Health studios; definitions.

501.013 - Health studios; exemptions.

501.014 - Health studios; powers and duties of the department.

501.015 - Health studios; registration requirements and fees.

501.016 - Health studios; security requirements.

501.017 - Health studios; contracts.

501.018 - Health studios; change of ownership or location.

501.019 - Health studios; penalties.

501.021 - Home solicitation sale; definitions.

501.022 - Home solicitation sale; permit required.

501.025 - Home solicitation sale; buyer’s right to cancel.

501.031 - Home solicitation sale; written agreement.

501.035 - Home solicitation sale; exclusions.

501.041 - Home solicitation sale; restoration of down payment.

501.045 - Home solicitation sale; duty of buyer.

501.046 - Home solicitation sale; duty of businesses conducting home solicitation sales.

501.047 - Home solicitation sale; prohibited practices.

501.052 - Home solicitation sale; enforcement authority; injunctive relief.

501.053 - Home solicitation sale; judicial review.

501.055 - Home solicitation sale; penalties.

501.057 - Commercial Weight-Loss Practices Act; short title.

501.0571 - Commercial Weight-Loss Practices Act; definitions.

501.0573 - Weight-loss provider requirements.

501.0575 - Weight-Loss Consumer Bill of Rights.

501.0577 - Commercial Weight-Loss Practices Act; exemptions.

501.0579 - Commercial Weight-Loss Practices Act; unlawful practices.

501.0581 - Commercial Weight-Loss Practices Act; civil remedies.

501.0583 - Selling, delivering, bartering, furnishing, or giving weight-loss pills to persons under age 18; penalties; defense.

501.059 - Telephone solicitation.

501.122 - Control of nonionizing radiations; laser; penalties.

501.135 - Consumer unit pricing.

501.137 - Mortgage lenders; tax and insurance payments from escrow accounts; duties.

501.1375 - Deposits received for purchase of residential dwelling units; placement in escrow; waiver; exceptions.

501.1377 - Violations involving homeowners during the course of residential foreclosure proceedings.

501.138 - Advertising of previews or trailers; standards.

501.141 - Delivery of crated goods; written statement of satisfaction; right to cancel.

501.142 - Retail sales establishments; preemption; notice of refund policy; exceptions; penalty.

501.145 - Bedding Label Act.

501.155 - Electronic dissemination of commercial recordings or audiovisual works; required disclosures; injunctive relief.

501.160 - Rental or sale of essential commodities during a declared state of emergency; prohibition against unconscionable prices.

501.164 - Civil penalties.

501.165 - Automatic renewal of service contracts.

501.171 - Security of confidential personal information.