Florida Senate - 2023 SB 662 By Senator Bradley 6-00348A-23 2023662__ 1 A bill to be entitled 2 An act relating to student online personal information 3 protection; providing a short title; creating s. 4 1006.1494, F.S.; defining terms; prohibiting operators 5 from knowingly engaging in specified activities 6 relating to students’ covered information; providing 7 an exception; specifying the duties of an operator; 8 providing circumstances under which an operator may 9 disclose students’ covered information; providing 10 construction; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. This act may be cited as the “Student Online 15 Personal Information Protection Act.” 16 Section 2. Section 1006.1494, Florida Statutes, is created 17 to read: 18 1006.1494 Student online personal information protection.— 19 (1) As used in this section, the term: 20 (a) “Covered information” means personal identifying 21 information or material of a student, or information linked to 22 personal identifying information or material of a student, in 23 any media or format that is not publicly available and is any of 24 the following: 25 1. Created by or provided to an operator by the student, or 26 the student’s parent or legal guardian, in the course of the 27 student’s, parent’s, or legal guardian’s use of the operator’s 28 site, service, or application for K–12 school purposes. 29 2. Created by or provided to an operator by an employee or 30 agent of a K-12 school or school district for K-12 school 31 purposes. 32 3. Gathered by an operator through the operation of its 33 site, service, or application for K-12 school purposes and 34 personally identifies a student, including, but not limited to, 35 information in the student’s educational record or electronic 36 mail, first and last name, home address, telephone number, 37 electronic mail address, or other information that allows 38 physical or online contact, discipline records, test results, 39 special education data, juvenile dependency records, grades, 40 evaluations, criminal records, medical records, health records, 41 social security number, biometric information, disabilities, 42 socioeconomic information, food purchases, political 43 affiliations, religious information, text messages, documents, 44 student identifiers, search activity, photos, voice recordings, 45 or geolocation information. 46 (b) “Interactive computer service” means any information 47 service, system, or access software provider that provides or 48 enables computer access by multiple users to a computer server, 49 including a service or system that provides access to the 50 Internet and such systems operated or services offered by 51 libraries or educational institutions. 52 (c) “K-12 school” has the same meaning as described in s. 53 1000.04(2). 54 (d) “K–12 school purposes” means purposes directed by or 55 that customarily take place at the direction of a K-12 school, 56 teacher, or school district or that aid in the administration of 57 school activities, including, but not limited to, instruction in 58 the classroom or at home, administrative activities, and 59 collaboration between students, school personnel, or parents, or 60 that are otherwise for the use and benefit of the school. 61 (e) “Operator” means, to the extent that it is operating in 62 this capacity, the operator of an Internet website, online 63 service, online application, or mobile application with actual 64 knowledge that the site, service, or application is used 65 primarily for K–12 school purposes and was designed and marketed 66 for K–12 school purposes. 67 (f) “School district” has the same meaning as in s. 68 595.402. 69 (g) “Targeted advertising” means presenting advertisements 70 to a student which are selected on the basis of information 71 obtained or inferred over time from that student’s online 72 behavior, usage of applications, or covered information. The 73 term does not include advertising to a student at an online 74 location based upon the student’s current visit to that 75 location, or advertising presented in response to a student’s 76 request for information or feedback, if the student’s online 77 activities or requests are not retained over time for the 78 purpose of targeting subsequent advertisements to that student. 79 (2) An operator may not knowingly do any of the following: 80 (a) Engage in targeted advertising on the operator’s site, 81 service, or application, or targeted advertising on any other 82 site, service, or application if the targeting of the 83 advertising is based on any information, including covered 84 information and persistent unique identifiers, which the 85 operator has acquired because of the use of that operator’s 86 site, service, or application for K-12 school purposes. 87 (b) Use information, including persistent unique 88 identifiers, created or gathered by the operator’s site, 89 service, or application to amass a profile of a student, except 90 in furtherance of K–12 school purposes. The term “amass a 91 profile” does not include the collection and retention of 92 account information that remains under the control of the 93 student or the student’s parent or guardian or K-12 school. 94 (c) Share, sell, or rent a student’s information, including 95 covered information. This paragraph does not apply to the 96 purchase, merger, or other acquisition of an operator by another 97 entity, if the operator or successor entity complies with this 98 section regarding previously acquired student information, or to 99 a national assessment provider if the provider obtains the 100 express written consent of the parent or student, given in 101 response to clear and conspicuous notice, solely to provide 102 access to employment, educational scholarships or financial aid, 103 or postsecondary educational opportunities. 104 (d) Except as otherwise provided in subsection (4), 105 disclose covered information, unless the disclosure is made for 106 any of the following purposes: 107 1. In furtherance of the K–12 school purpose of the site, 108 service, or application, if the recipient of the covered 109 information disclosed under this subparagraph does not further 110 disclose the information, unless such disclosure is made to 111 allow or improve operability and functionality of the operator’s 112 site, service, or application. 113 2. To ensure legal and regulatory compliance or protect 114 against liability. 115 3. To respond to or participate in the judicial process. 116 4. To protect the safety or integrity of users of the site 117 or others or the security of the site, service, or application. 118 5. For a school, educational, or employment purpose 119 requested by the student or the student’s parent or guardian, 120 provided that the information is not used or further disclosed 121 for any other purpose. 122 6. To a third party, if the operator contractually 123 prohibits the third party from using any covered information for 124 any purpose other than providing the contracted service to or on 125 behalf of the operator, prohibits the third party from 126 disclosing any covered information provided by the operator with 127 subsequent third parties, and requires the third party to 128 implement and maintain reasonable security procedures and 129 practices. 130 (e) This subsection does not prohibit an operator’s use of 131 information for maintaining, developing, supporting, improving, 132 or diagnosing the operator’s site, service, or application. 133 (3) An operator shall do all of the following: 134 (a) Collect no more covered information than is reasonably 135 necessary to operate an Internet website, online service, online 136 application, or mobile application with actual knowledge that 137 the site, service, or application is used primarily for K–12 138 school purposes and was designed and marketed for K–12 school 139 purposes. 140 (b) Implement and maintain reasonable security procedures 141 and practices appropriate to the nature of the covered 142 information which are designed to protect it from unauthorized 143 access, destruction, use, modification, or disclosure. 144 (c) Within a reasonable timeframe, delete a student’s 145 covered information if the K-12 school or school district 146 requests deletion of covered information under the control of 147 the K-12 school or school district, unless a student or a parent 148 or guardian consents to the maintenance of the covered 149 information. 150 (4) An operator may use or disclose covered information of 151 a student under any of the following circumstances: 152 (a) If federal or state law requires the operator to 153 disclose the information, and the operator complies with federal 154 or state law, as applicable, in protecting and disclosing that 155 information. 156 (b) If covered information is not used for advertising or 157 to amass a profile of the student for purposes other than K-12 158 school purposes, legitimate research purposes, as required by 159 state or federal law and subject to restrictions imposed 160 thereunder; or as allowed by state or federal law and in 161 furtherance of K–12 school purposes or postsecondary educational 162 purposes. 163 (c) If the covered information is disclosed to a state or 164 local educational agency, including K-12 schools and school 165 districts, for K–12 school purposes, as allowed under state or 166 federal law. 167 (5) This section does not prohibit an operator from doing 168 any of the following: 169 (a) Using covered information to improve educational 170 products, if that information is not associated with an 171 identified student within the operator’s site, service, or 172 application, or other sites, services, or applications owned by 173 the operator. 174 (b) Using covered information that is not associated with 175 an identified student to demonstrate the effectiveness of the 176 operator’s products or services, including use in their 177 marketing. 178 (c) Sharing covered information that is not associated with 179 an identified student for the development and improvement of 180 educational sites, services, or applications. 181 (d) Using recommendation engines to recommend to a student 182 any of the following: 183 1. Additional content relating to an educational, an 184 employment, or any other learning opportunity purpose within an 185 online site, service, or application, if the recommendation is 186 not determined in whole or in part by payment or other 187 consideration from a third party. 188 2. Additional services relating to an educational, an 189 employment, or any other learning opportunity purpose within an 190 online site, service, or application, if the recommendation is 191 not determined in whole or in part by payment or other 192 consideration from a third party. 193 (e) Responding to a student’s request for information or 194 feedback without the information or response being determined in 195 whole or in part by payment or other consideration from a third 196 party. 197 (6) This section does not do any of the following: 198 (a) Limit the authority of a law enforcement agency to 199 obtain any content or information from an operator as authorized 200 by law or under a court order. 201 (b) Limit the ability of an operator to use student data, 202 including covered information, for adaptive learning or 203 customized student learning purposes. 204 (c) Apply to general audience Internet websites, general 205 audience online services, general audience online applications, 206 or general audience mobile applications, even if login 207 credentials created for an operator’s site, service, or 208 application may be used to access those general audience sites, 209 services, or applications. 210 (d) Limit service providers from providing Internet 211 connectivity to schools or students and their families. 212 (e) Prohibit an operator of an Internet website, online 213 service, online application, or mobile application from 214 marketing educational products directly to parents, if such 215 marketing did not result from the use of covered information 216 obtained by the operator through the provision of services 217 covered under this section. 218 (f) Impose a duty upon a provider of an electronic store, 219 gateway, marketplace, or other means of purchasing or 220 downloading software or applications to review or enforce 221 compliance with this section on such software or applications. 222 (g) Impose a duty upon a provider of an interactive 223 computer service to review or enforce compliance with this 224 section by third-party content providers. 225 (h) Prohibit students from downloading, exporting, 226 transferring, saving, or maintaining their own student data or 227 documents. 228 Section 3. This act shall take effect July 1, 2023.