Florida Senate - 2022                                     SB 6-C
       
       
        
       By Senator Bradley
       
       
       
       
       
       5-00005-22C                                             20226C__
    1                        A bill to be entitled                      
    2         An act relating to social media platforms; amending s.
    3         501.2041, F.S.; revising the definition of the term
    4         “social media platform”; reenacting ss. 106.072(1)(c)
    5         and 287.137(1)(f), F.S., relating to social media
    6         deplatforming of political candidates and antitrust
    7         violations, denial or revocation of the right to
    8         transact business with public entities, and denial of
    9         economic benefits, respectively, to incorporate the
   10         amendment made to s. 501.2041, F.S., in references
   11         thereto; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (g) of subsection (1) of section
   16  501.2041, Florida Statutes, is amended to read:
   17         501.2041 Unlawful acts and practices by social media
   18  platforms.—
   19         (1) As used in this section, the term:
   20         (g) “Social media platform” means any information service,
   21  system, Internet search engine, or access software provider
   22  that:
   23         1. Provides or enables computer access by multiple users to
   24  a computer server, including an Internet platform or a social
   25  media site;
   26         2. Operates as a sole proprietorship, partnership, limited
   27  liability company, corporation, association, or other legal
   28  entity;
   29         3. Does business in the state; and
   30         4. Satisfies at least one of the following thresholds:
   31         a. Has annual gross revenues in excess of $100 million, as
   32  adjusted in January of each odd-numbered year to reflect any
   33  increase in the Consumer Price Index.
   34         b. Has at least 100 million monthly individual platform
   35  participants globally.
   36  
   37  The term does not include any information service, system,
   38  Internet search engine, or access software provider operated by
   39  a company that owns and operates a theme park or entertainment
   40  complex as defined in s. 509.013.
   41         Section 2. For the purpose of incorporating the amendment
   42  made by this act to section 501.2041, Florida Statutes, in a
   43  reference thereto, paragraph (c) of subsection (1) of section
   44  106.072, Florida Statutes, is reenacted to read:
   45         106.072 Social media deplatforming of political
   46  candidates.—
   47         (1) As used in this section, the term:
   48         (c) “Social media platform” has the same meaning as in s.
   49  501.2041.
   50         Section 3. For the purpose of incorporating the amendment
   51  made by this act to section 501.2041, Florida Statutes, in a
   52  reference thereto, paragraph (f) of subsection (1) of section
   53  287.137, Florida Statutes, is reenacted to read:
   54         287.137 Antitrust violations; denial or revocation of the
   55  right to transact business with public entities; denial of
   56  economic benefits.—
   57         (1) As used in this section, the term:
   58         (f) “Person” means a natural person or an entity organized
   59  under the laws of any state or of the United States which
   60  operates as a social media platform, as defined in s. 501.2041,
   61  with the legal power to enter into a binding contract and which
   62  bids or applies to bid on contracts let by a public entity, or
   63  which otherwise transacts or applies to transact business with a
   64  public entity. The term includes those officers, directors,
   65  executives, partners, shareholders, employees, members, and
   66  agents who are active in the management of an entity.
   67         Section 4. This act shall take effect upon becoming a law.