Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. CS/HB 1, 1st Eng. Ì969436HÎ969436 LEGISLATIVE ACTION Senate . House Comm: RS . 02/16/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Fiscal Policy (Hutson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 501.1736, Florida Statutes, is created 6 to read: 7 501.1736 Social media use for minors.— 8 (1) As used in this section, the term: 9 (a) “Account holder” means a resident who opens an account 10 or creates a profile or is permitted to use or is identified by 11 any other form of identification while using or accessing a 12 social media platform when the social media platform knows or 13 has reason to believe the resident is located in this state. 14 (b) “Addictive features” means features that are designed 15 to cause an account holder to have an excessive or compulsive 16 need to use or engage with the social media platform. 17 (c) “Daily active users” means the unique users in the 18 United States who used the social media platform at least 80 19 percent of the days during the previous calendar year, or if the 20 social media platform did not exist during the previous calendar 21 year, the number of unique users in the United States who used 22 the social media platform at least 80 percent of the days during 23 the previous month. 24 (d) “Department” means the Department of Legal Affairs. 25 (e) “Reasonable age verification method” means a 26 commercially reasonable method used by a government agency or a 27 business for the purpose of age verification which is conducted 28 by a nongovernmental, independent, third party organized under 29 the laws of a state of the United States which: 30 1. Has its principal place of business in a state of the 31 United States; and 32 2. Is not owned or controlled by a company formed in a 33 foreign country, a government of a foreign country, or any other 34 entity formed in a foreign country. 35 (f) “Resident” means a person who lives in this state for 36 more than 6 months of the year. 37 (g) “Social media platform” means an online forum, a 38 website, or an application offered by an entity which does all 39 of the following: 40 1. Uses algorithms that analyze user data or information on 41 users whom the online forum, website, or application knows or 42 has reason to believe are younger than 16 years of age to: 43 a. Select content for users; or 44 b. Target advertising toward users. 45 2. Has one or more of the following addictive features: 46 a. Infinite scrolling with continuous loading content, or 47 content that loads as the user scrolls down the page without the 48 need to open a separate page; or seamless content, or the use of 49 pages with no visible or apparent breaks. 50 b. Push notifications or alerts sent by the online forum, 51 website, or application to inform a user about specific 52 activities or events related to the user’s account. 53 c. Display personal interactive metrics that indicate the 54 number of times other users have clicked a button to indicate 55 reaction to content or have shared or reposted the content. 56 d. Auto-play video or video that begins to play without the 57 user first clicking on the video or on a play button for that 58 video. 59 e. Live-streaming or a function that allows a user or 60 advertiser to broadcast live video content in real-time. 61 3. Has 10 percent or more of daily active users younger 62 than 16 years of age spending, on average, 2 hours per day on 63 the online forum, website, or application. 64 4. Allows a user to upload content or view the content or 65 activity of other users. 66 67 The term does not include an online service, a website, or an 68 application where the exclusive function is e-mail or direct 69 messaging consisting of text, photographs, pictures, images, or 70 videos shared only between the sender and the recipients, 71 without displaying or posting publicly or to other users not 72 specifically identified as the recipients by the sender. 73 (2)(a) A social media platform shall do all of the 74 following: 75 1. Prohibit a minor who is younger than 16 years of age 76 from entering into a contract with a social media platform to 77 become an account holder. 78 2. Use reasonable age verification methods to verify the 79 age of each account holder on the social media platform at the 80 time a new account is created. If an account holder fails to 81 verify his or her age, the social media platform must deny the 82 account. 83 3. Use a reasonable age verification method to perform age 84 verification that ensures that the requirements of subsection 85 (3) are met. 86 (b) For existing accounts, a social media platform shall do 87 the following: 88 1. Terminate any account that the social media platform 89 knows or has reason to believe is held by an account holder 90 younger than 16 years of age, including accounts that the social 91 media platform treats or categorizes as belonging to an account 92 holder who is likely younger than 16 years of age for purposes 93 of targeting content or advertising, and provide a minimum of 90 94 days for an account holder to dispute such termination by 95 verifying his or her age. 96 2. Allow an account holder younger than 16 years of age to 97 request to terminate the account. Termination must be effective 98 within 5 business days after such request. 99 3. Allow the confirmed parent or guardian of an account 100 holder younger than 16 years of age to request the minor’s 101 account be terminated. Termination must be effective within 10 102 business days after such request. 103 4. Permanently delete all personal information held by the 104 social media platform relating to the terminated account, unless 105 there are legal requirements to maintain such information. 106 (3) A third party conducting age verification: 107 (a) May not retain personal identifying information used to 108 verify age once the age of an account holder or a person seeking 109 an account has been verified. 110 (b) May not use personal identifying information used to 111 verify age for any other purpose. 112 (c) Must keep anonymous any personal identifying 113 information used to verify age. Such information may not be 114 shared or otherwise communicated to any person. 115 (d) Must protect personal identifying information used to 116 verify age from unauthorized or illegal access, destruction, 117 use, modification, or disclosure through reasonable security 118 procedures and practices appropriate to the nature of the 119 personal information. 120 (4)(a) Any violation of subsection (2) is deemed an unfair 121 and deceptive trade practice actionable under part II of this 122 chapter solely by the department against a social media 123 platform. If the department has reason to believe that a social 124 media platform is in violation of subsection (2), the 125 department, as the enforcing authority, may bring an action 126 against such platform for an unfair or deceptive act or 127 practice. For the purpose of bringing an action pursuant to this 128 section, ss. 501.211 and 501.212 do not apply. In addition to 129 other remedies under part II of this chapter, the department may 130 collect a civil penalty of up to $50,000 per violation. 131 (b) A third party that performs age verification for a 132 social media platform in violation of subsection (3) is deemed 133 to have committed an unfair and deceptive trade practice 134 actionable under part II of this chapter solely by the 135 department against such third party. If the department has 136 reason to believe that the third party is in violation of 137 subsection (3), the department, as the enforcing authority, may 138 bring an action against such third party for an unfair or 139 deceptive act or practice. For the purpose of bringing an action 140 pursuant to this section, ss. 501.211 and 501.212 do not apply. 141 In addition to other remedies under part II of this chapter, the 142 department may collect a civil penalty of up to $50,000 per 143 violation. 144 (5)(a) A social media platform that violates subparagraph 145 (2)(b)2. or subparagraph (2)(b)3. for failing to terminate an 146 account within the required time after being notified to do so 147 by the minor account holder or a confirmed parent or guardian is 148 liable to such minor account holder for such access, including 149 court costs and reasonable attorney fees as ordered by the 150 court. Claimants may be awarded up to $10,000 in damages. 151 (b) A civil action for a claim under this subsection must 152 be brought within 1 year after the violation. 153 (6) Any action brought under subsection (4) or subsection 154 (5) may only be brought on behalf of a minor account holder. 155 (7) For purposes of bringing an action in accordance with 156 subsection (4) or subsection (5), a social media platform that 157 allows a minor account holder younger than 16 years of age to 158 create an account on such platform is considered to be both 159 engaged in substantial and not isolated activities within this 160 state and operating, conducting, engaging in, or carrying on a 161 business and doing business in this state, and is therefore 162 subject to the jurisdiction of the courts of this state. 163 (8) If a social media platform allows an account holder to 164 use the social media platform, the parties have entered into a 165 contract. 166 (9) This section does not preclude any other available 167 remedy at law or equity. 168 (10) The department may adopt rules to implement this 169 section. 170 Section 2. If any provision of this act or its application 171 to any person or circumstances is held invalid, the invalidity 172 does not affect other provisions or applications of this act 173 which can be given effect without the invalid provision or 174 application, and to this end the provisions of this act are 175 severable. 176 Section 3. This act shall take effect July 1, 2024. 177 178 ================= T I T L E A M E N D M E N T ================ 179 And the title is amended as follows: 180 Delete everything before the enacting clause 181 and insert: 182 A bill to be entitled 183 An act relating to online protections for minors; 184 creating s. 501.1736, F.S.; defining terms; requiring 185 social media platforms to prohibit certain minors from 186 creating new accounts, to use reasonable age 187 verification methods to verify the ages of account 188 holders, and to terminate certain accounts and provide 189 additional options for termination of such accounts; 190 providing requirements for a third party conducting 191 age verification; authorizing the Department of Legal 192 Affairs to bring actions for violations under the 193 Florida Deceptive and Unfair Trade Practices Act; 194 providing penalties; providing for private causes of 195 action; providing that certain social media platforms 196 are subject to the jurisdiction of state courts; 197 providing that if a social media platform allows an 198 account holder to use such platform, the parties have 199 entered into a contract; providing construction; 200 authorizing the department to adopt rules; providing 201 for severability; providing an effective date.