Walters: Fla. 'Revenge Porn' Bill Is Vague, Overbroad

TALLAHASSEE, Fla. — The Florida "revenge porn" bill cleared another commitee yesterday, advancing the piece of legislation past three House of Representatives panels and bumping up the possibility that the online adult biz will face more government regulation.

On Tuesday, Florida's Judiciary Committee, 16-0, voted to move HB 787 further along. The bill already has cleared by unanimous vote the Criminal Justice and Justice Appropriations Subcommittee. A companion bill in the Senate, SB 946, which mirrors HB 787, has passed two panels unanimously as well.

HB 787 "prohibits knowing use of [content] that depicts nudity and contains any of depicted individual's personal identification information or counterfeit or fictitious information purporting to be such personal identification information, without first obtaining depicted person's written consent."

Adult industry attorney Larry Walters, who heads up Walters Law Group, says his firm represents many adult clients who have expressed concern that the enactment of HB 787 would result in a variety of unintended consequences and increased legal exposure for their business operations.

Walters noted the proposed statute appears to be both vague and overbroad, in violation of the First and Fourteenth Amendments.

"When faced with a choice of continuing to enforce some level of publishing standards or incurring potential criminal liability under the proposed Florida statute, service providers may well dispense with any level of review or editorial moderation to avoid potential liability," Walters said in a legal memorandum last month. "This would result in the presumably unintended consequence of permitting the publication of widespread, un-moderated content on social networking sites throughout the nation.

"Alternatively, popular online service providers could choose not to make their services available in Florida, or to Florida residents. Notably, the statute seeks to assert jurisdiction over any violator if the harm to the victim’s privacy interests occurs in the State of Florida. Naturally, this would potentially include any website operator or social networking service that makes its content available in the State of Florida (i.e., nearly all of them.)."

The bill's proposal, authored by state Rep. Tom Goodson, R-Titusville, provides for enhanced penalties for violations involving the posting of victims younger than 16 years of age and would target perpetrators who reside out of state but post online content involving offended in-state residents.

Violators of HB 787, if passed, would be subject to a third-degree felony that is punishable by up to five years in prison, five years probation and a $5,000 fine.

View Larry Walters' memo on HB 787

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Adult Chat Platform Arousr Sets Human-Only Host Policy

Adult chat platform Arousr has announced a policy to only use verified human hosts, not chatbots.

Arizona State Legislator Proposes Porn Ban

A member of Arizona’s House of Representatives on Wednesday introduced a bill that would make it illegal to produce or distribute adult content in that state.

SinfulXAI to Launch New AI Generator

AI companion platform SinfulXAI has announced its new AI video generator, launching in February.

SCOTUS Won't Hear Appeal in NYC Adult Businesses Zoning Case

The U.S. Supreme Court has declined to hear an appeal by a group of adult businesses of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

AEBN Publishes Popular Searches for November, December

AEBN has published the top search terms for November and December from its straight and gay theaters in all 50 states and the District of Columbia.

X3 Expo Day 2 Delivers Stars, Screenings and Fan Favorites

The sun once again shone brightly on the historic Hollywood Palladium as throngs of avid fans made their way through the doors, ready to experience Day 2 of the 2026 X3 Expo.

X3 Expo Kicks Into Gear With an All-Star Lineup

Outside the historic Hollywood Palladium on Friday, a huge crowd of fans lined Sunset Boulevard, eagerly awaiting the opening of the 2026 X3 Expo and their big chance to meet the cream of the crop of adult stars.

2026 XBIZ Honors Salutes Resilience Across the Online Adult Industry

The 2026 XBIZ Honors packed house Wednesday night, turning the Kimpton Everly Hotel’s Nichols Ballroom into a gala celebration of industry excellence.

Elevated X Integrates CCBill for Payment Processing

Elevated X has added CCBill payment processing integration to its ELXNexus traffic management and affiliate software.

Florida Congressman Files Latest Bill to Repeal Section 230

Rep. Jimmy Patronis of Florida has become the latest member of Congress to propose legislation that would repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Show More