Florida Senate - 2023                                     SB 792
       
       
        
       By Senator Jones
       
       
       
       
       
       34-01184-23                                            2023792__
    1                        A bill to be entitled                      
    2         An act relating to social media protection for minors;
    3         creating s. 501.174, F.S.; requiring social media
    4         platforms to disclose specified information and
    5         provide specified resources, measures, and
    6         disclaimers; prohibiting social media platforms that
    7         fail to meet certain requirements from accepting new
    8         accounts from minors; requiring the Department of
    9         Agriculture and Consumer Services, subject to
   10         legislative appropriation, to enforce specified
   11         provisions and implement specified measures; providing
   12         a fine for violations; requiring that fines collected
   13         be used for specified purposes; prohibiting certain
   14         schools from requiring students to register, enroll,
   15         or participate in social media platforms for
   16         educational purposes; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 501.174, Florida Statutes, is created to
   21  read:
   22         501.174Social media protection for minors.-
   23         (1)Beginning January 1, 2024, a social media platform
   24  operating in the state must:
   25         (a)Disclose the following:
   26         1.Content moderation policies, including the use of
   27  addictive design features such as autoplay or infinite scroll.
   28         2.Manipulation of photographs or digital images.
   29         3.Methodology used to consider the best interests of
   30  minors when designing, developing, and providing services.
   31         4.Clear and concise user policies, protections, and
   32  reporting mechanisms related to harmful behaviors such as
   33  bullying, harassment, and threats of violence or self-harm.
   34         (b)Provide the following:
   35         1.Zip code-based references to local resources for law
   36  enforcement, suicide prevention, and domestic violence
   37  prevention services.
   38         2.Protective measures such as screen time, usage data, and
   39  other parental settings.
   40         (c)At the time of log in, require minors to read and
   41  accept a disclaimer which must be in substantially the following
   42  form:
   43  
   44         This application may be harmful to your mental health
   45         and may use design features that have addictive
   46         qualities or present unverified information or that
   47         may be manipulated by [insert platform name] for your
   48         viewing. This application may also collect your
   49         personal data to further manipulate your viewable
   50         content and may share your personal data with others.
   51  
   52         (2)Social media platforms that fail to meet the
   53  requirements of subsection (1) are prohibited from registering,
   54  enrolling, or otherwise accepting new accounts from minors.
   55         (3)Subject to appropriation by the Legislature, the
   56  Department of Agriculture and Consumer Services shall:
   57         (a)Enforce this section and provide for adequate staffing
   58  and investigative resources.
   59         (b)Implement measures to screen and evaluate social media
   60  platforms for compliance with subsection (1), including the
   61  minimum age requirement for registration or enrollment.
   62         (4)A social media platform is subject to a fine of $10,000
   63  for each occurrence in which a minor is registered or enrolled
   64  in a platform that fails to meet the requirements of subsection
   65  (1). Proceeds from the fines collected must be directed to
   66  resources serving the mental health needs of children.
   67         Section 2. All schools operating in the state that accept
   68  state funding are prohibited from requiring students, regardless
   69  of age, to register, enroll, or participate in social media
   70  platforms as a means to access information, materials, or
   71  resources related to school-sponsored educational activities.
   72         Section 3. This act shall take effect July 1, 2023.