Florida Senate - 2024                                    SB 1430
       
       
        
       By Senator Book
       
       
       
       
       
       35-00809-24                                           20241430__
    1                        A bill to be entitled                      
    2         An act relating to social media protection for minors;
    3         creating s. 501.174, F.S.; defining the term “social
    4         media platform” or “platform”; requiring social media
    5         platforms to disclose specified policies and provide
    6         specified resources, measures, and disclaimers,
    7         beginning on a specified date; authorizing social
    8         media platforms to post specified compliance
    9         statements on their Internet homepage or platform user
   10         login page; prohibiting certain schools from using or
   11         having an account on certain social media platforms
   12         and from requiring students to register, enroll, or
   13         participate in social media platforms for educational
   14         purposes; providing applicability; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 501.174, Florida Statutes, is created to
   20  read:
   21         501.174Social media protection for minors.—
   22         (1)As used in this section, the term “social media
   23  platform” or “platform” means a digital platform operating in
   24  the state which is predominantly accessed by platform users who
   25  are under the age of 18 and which offers forms of electronic
   26  communication through which such platform users are permitted to
   27  create online communities to share information, ideas, personal
   28  messages, and other content.
   29         (2)Beginning January 1, 2025, a social media platform, on
   30  its Internet homepage or platform user login page or through a
   31  clearly labeled, conspicuous, and readily accessible link on
   32  such homepage or login page, must:
   33         (a)Disclose the following social media platform policies
   34  in a manner that is clearly, concisely, prominently, and
   35  understandably written using language suited to the age of users
   36  who are under the age of 18 likely to routinely access the
   37  platform, without unrelated, confusing, or contradictory
   38  materials:
   39         1.The content moderation policies the social media
   40  platform uses for content on the platform.
   41         2.Whether the social media platform uses or allows the use
   42  of addictive design or deceptive pattern features, including
   43  autoplay or infinite scroll.
   44         3.Whether the social media platform allows manipulated
   45  photographs or digital images to be shared on the platform.
   46         4.Whether the social media platform considers the best
   47  interests of platform users who are under the age of 18 when
   48  designing, developing, and providing services.
   49         5.The methodology the social media platform uses to
   50  consider the best interests of platform users who are under the
   51  age of 18 when designing, developing, and providing services.
   52         6.The policies and protections the social media platform
   53  uses to protect platform users who are under the age of 18
   54  against harmful behaviors, such as bullying, harassment, and
   55  threats of violence or self-harm.
   56         7.Whether the social media platform collects or sells
   57  personal information of platform users who are under the age of
   58  18, including personal identifiers, biometrics, and geolocation
   59  data. If such personal information is collected, the platform
   60  must disclose the type of personal information collected and the
   61  purpose of such collection. If such personal information is
   62  sold, the platform must disclose to whom the information is
   63  sold.
   64         (b)Provide clear access to the following:
   65         1.Zip code-based references to local resources for law
   66  enforcement, suicide prevention, and domestic violence
   67  prevention services.
   68         2.Protective measures, such as screen time limitations,
   69  data usage limitations, content filters, and other parental
   70  settings.
   71         3.Reporting mechanisms related to harmful behaviors, such
   72  as bullying, harassment, and threats of violence or self-harm.
   73         (3)At the time of log in, and before obtaining access to
   74  the platform, a social media platform must require platform
   75  users who are under the age of 18 to read and accept a
   76  disclaimer which must be in substantially the following form:
   77  
   78         This application may be harmful to your mental health
   79         and may use design features that have addictive
   80         qualities or present unverified information or that
   81         may be manipulated by ...insert platform name... or
   82         others for your viewing. This application may also
   83         collect your personal data to further manipulate your
   84         viewable content and may share your personal data with
   85         others.
   86  
   87         (4)A social media platform that complies with subsections
   88  (2) and (3) may post a statement confirming such compliance on
   89  its Internet homepage or platform user login page.
   90         (5)A public K-12 school may not:
   91         (a)Use or have an account on a social media platform that
   92  does not have a statement pursuant to subsection (4) on its
   93  Internet homepage or platform user login page.
   94         (b)Require students, regardless of age, to register,
   95  enroll, or participate in a social media platform as a means to
   96  access information, materials, or resources related to school
   97  sponsored educational activities. This paragraph does not apply
   98  to portal, e-mail, and message board accounts used for official
   99  business with the school or to classroom information, materials,
  100  or resources viewed in a classroom on one screen controlled by
  101  instructional or administrative personnel of the school.
  102         Section 2. This act shall take effect July 1, 2024.