Florida athletes, entertainers, influencers, and businesses face growing risks from artificial intelligence tools that can create realistic but fake sexual images without consent. In 2025, the Florida Legislature strengthened safeguards with updates to Florida Statute § 836.13, known as the Altered Sexual Depictions law.
This law directly addresses AI “deepfakes” and “nudify” tools that misuse likenesses, which issues that hit sports NIL deals, entertainment contracts, and intellectual property rights hard. At Heitner Legal, we help clients in sports law, entertainment law, IP (trademarks and copyrights), defamation, and related contract matters navigate these evolving threats.
What Florida’s Altered Sexual Depictions Law Prohibits
The statute targets “altered sexual depictions,” which are any digital, electronic, or computer-generated visual that realistically shows an identifiable person:
- With nude body parts (genitals, buttocks, breasts, etc.) that aren’t theirs, or
- Engaging in sexual conduct they never performed.
Key violations include:
- Willfully generating such an image without consent.
- Soliciting its creation when you know or should know it lacks consent.
- Willfully and maliciously promoting (posting, sharing, selling, etc.) or possessing it with the intent to promote, knowing it is nonconsensual.
A disclaimer like “this is AI-generated” offers no defense. The law applies if the conduct or harm occurs in Florida.
Penalties and Civil Remedies
Violations are third-degree felonies, carrying potential prison time and monetary fines (per Florida Statutes §§ 775.082–775.084). Each act counts separately.
Victims also have strong civil options that include:
- Injunctive relief to stop further distribution.
- Monetary damages (the greater of $10,000 or actual damages).
- Attorney’s fees and costs.
This creates powerful recourse for Florida athletes whose NIL likenesses get weaponized or entertainers whose brands suffer reputational harm.
Platform Removal Requirements (“Brooke’s Law” Updates)
Covered platforms (websites, apps, or services hosting user-generated content) must:
- Have established a clear removal process by December 31, 2025.
- Remove nonconsensual altered depictions within 48 hours of a valid request.
- Make reasonable efforts to delete copies.
Failure violates the Florida Deceptive and Unfair Trade Practices Act, exposing platforms to liability. Good-faith compliance protects them.
Why This Matters for Sports, Entertainment, Gaming, and IP in Florida
Florida leads in college sports and entertainment. High school and collegiate athletes now monetize NIL heavily, but AI deepfakes threaten endorsement deals and reputation. Entertainers and gaming influencers face similar risks. Fake content can tank careers or violate publicity rights.
This law intersects directly with:
- Defamation law — False depictions damage reputation.
- Right of publicity and IP — Protects against unauthorized commercial use of likeness (often paired with trademark/copyright strategies).
- Contract law — We draft NIL, endorsement, and influencer agreements with AI misuse clauses.
- Business formation — Helps gaming and entertainment companies build compliance policies.
Federal AI developments continue, but Florida’s statute gives immediate, actionable protections.
Protecting Your Likeness and Brand in the AI Era
AI tools evolve rapidly. Whether you’re a college athlete with NIL deals, a content creator, or a business owner in Florida’s booming entertainment/gaming sector, proactive steps matter:
- Register trademarks for your name/brand.
- Monitor for unauthorized AI content.
- Include robust indemnification and takedown clauses in contracts.
If AI-generated content threatens your likeness, reputation, or business, don’t wait. Contact Heitner Legal today for a consultation. We turn complex Florida law updates into clear protection strategies for athletes, entertainers, and entrepreneurs.