(3) With respect to companion AI chatbot user accounts in existence before July 1, 2026, an operator shall: (a) On such date, freeze or otherwise disable any such account; (b) Require the user of the frozen or disabled account to provide age information and verify that information using standard age verification or anonymous age verification before the functionality of such account may be restored; and (c) Using standard age verification or anonymous age verification, classify each user as either a minor or an adult.

(4) Upon the creation of a new companion AI chatbot user account, an operator shall: (a) Request age information from the user; and (b) Verify the user's age using standard age verification or anonymous age verification.

(5) If the age verification process determines that a user is a minor, an operator must do all of the following: (a) Require the account of such user to be affiliated with a parental account that has been verified using standard age verification or anonymous age verification; (b) Obtain verifiable parental consent from the holder of the affiliate parental account before allowing the minor to access and use the companion AI chatbot; and (c) Block the minor's access to any companion AI chatbot that prompts, promotes, solicits, or otherwise suggests sexually explicit communication.

(6) An operator shall protect the confidentiality of age information provided by a user for age verification in accordance with s. 501.1738.

(7) At the beginning of any interaction between a user and a companion AI chatbot, and no less frequently than every 60 minutes thereafter during such interaction, an operator shall display a pop-up that notifies users that they are not engaging in dialogue with a human counterpart.

(2) An operator shall require an individual seeking access to a companion AI chatbot to create a user account to use or otherwise interact with the chatbot.

(8)(a) A violation of this section is deemed an unfair and deceptive trade practice actionable under part II of this chapter solely by the department on behalf of a user of a companion AI chatbot. If the department has reason to believe that an operator is in violation of this section, the department may, as the enforcing authority, bring an action against the operator for an unfair or deceptive act or practice. For the purpose of bringing an action pursuant to this section, ss. 501.211 and 501.212 do not apply. In addition to any other remedy under part II of this chapter, the department may collect a civil penalty of up to $50,000 per violation and reasonable attorney fees and court costs. (b) A third party that performs age verification for an operator in violation of this section is deemed to have committed an unfair and deceptive trade practice actionable under part II of this chapter by the department solely against such third party. For the purpose of bringing an action pursuant to this section, ss. 501.211 and 501.212 do not apply.

(10) For purposes of bringing an action pursuant to this section, any entity or person who meets the definition of an operator that owns, operates, or otherwise makes available a companion AI chatbot to individuals in this state is considered both to be engaged in substantial and not isolated activities within this state and to be operating, conducting, engaging in, or carrying on a business, and doing business in this state, and is therefore subject to the jurisdiction of the courts of this state.

(11)(a) If, by its own inquiry or as a result of complaints, the department has reason to believe that an entity or a person has engaged in, or is engaging in, an act or practice that violates this section, the department may administer oaths and affirmations, subpoena witnesses or matter, and collect evidence. Within 5 days, excluding weekends and legal holidays, after the service of a subpoena or at any time before the return date specified therein, whichever is longer, the party served may file in the circuit court in the county in which it resides or in which it transacts business and serve upon the enforcing authority a petition for an order modifying or setting aside the subpoena. The petitioner may raise any objection or privilege which would be available upon service of such subpoena in a civil action. The subpoena must inform the party served of its rights under this subsection. (b) If the matter that the department seeks to obtain by subpoena is located outside this state, the entity or person subpoenaed may make it available to the department or its representative to examine the matter at the place where the party is located. The department may designate representatives, including officials of the state where the matter is located, to inspect the matter on its behalf and may respond to similar requests from officials of other states. (c) Upon failure of an entity or a person without lawful excuse to obey a subpoena and upon reasonable notice to all persons affected, the department may apply to the circuit court for an order compelling compliance. (d) The department may request that an entity or a person who refuses to comply with a subpoena on the ground that testimony or matter may incriminate the entity or person be ordered by the court to provide the testimony or matter. Except in a prosecution for perjury, an entity or person who complies with a court order to provide testimony or matter after asserting a valid privilege against self-incrimination may not have the testimony or matter so provided, or evidence derived therefrom, received against the entity or person in any criminal investigation or proceeding. (e) An entity or a person upon whom a subpoena is served pursuant to this section shall comply with the terms thereof unless otherwise provided by order of the court. Any entity or person who fails to appear with the intent to avoid, evade, or prevent compliance in whole or in part with any investigation under this part or who removes from any place, conceals, withholds, mutilates, alters, or destroys, or by any other means falsifies any documentary material in the possession, custody, or control of any entity or person subject to any such subpoena, or knowingly conceals any relevant information with the intent to avoid, evade, or prevent compliance, is liable for a civil penalty of not more than $5,000 per week in violation, reasonable attorney fees, and costs.