Florida Senate - 2025 COMMITTEE AMENDMENT Bill No. SB 868 Ì588638YÎ588638 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/25/2025 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Commerce and Tourism (Ingoglia) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (b) of subsection (2), paragraph (b) 6 of subsection (3), and paragraph (b) of subsection (4) of 7 section 501.1736, Florida Statutes, are amended to read: 8 501.1736 Social media use for minors.— 9 (2) 10 (b) A social media platform shall: 11 1. Terminate any account held by an account holder younger 12 than 14 years of age, including accounts that the social media 13 platform treats or categorizes as belonging to an account holder 14 who is likely younger than 14 years of age for purposes of 15 targeting content or advertising, and provide 90 days for an 16 account holder to dispute such termination. Termination must be 17 effective upon the expiration of the 90 days if the account 18 holder fails to effectively dispute the termination. 19 2. Allow an account holder younger than 14 years of age to 20 request to terminate the account. Termination must be effective 21 within 5 business days after such request. 22 3. Allow the confirmed parent or guardian of an account 23 holder younger than 14 years of age to request that the minor’s 24 account be terminated. Termination must be effective within 10 25 business days after such request. 26 4. Permanently delete all personal information held by the 27 social media platform relating to the terminated account, unless 28 there are legal requirements to maintain such information. 29 5. If law enforcement obtains a subpoena, provide a 30 mechanism to decrypt end-to-end encryption or other data 31 encryption features that restrict the accessibility of messages 32 on any account of a minor so that law enforcement may view 33 messages relevant to a criminal investigation involving a minor. 34 6. Allow a parent or legal guardian of a minor account 35 holder to view all messages. 36 7. Prohibit a minor account holder from using or accessing 37 messages that are designed to disappear after a certain period 38 of time or upon viewing, self-destructing messages, or messages 39 that are ephemeral in nature. 40 (3) 41 (b) A social media platform shall: 42 1. Terminate any account held by an account holder who is 43 14 or 15 years of age, including accounts that the social media 44 platform treats or categorizes as belonging to an account holder 45 who is likely 14 or 15 years of age for purposes of targeting 46 content or advertising, if the account holder’s parent or 47 guardian has not provided consent for the minor to create or 48 maintain the account. The social media platform shall provide 90 49 days for an account holder to dispute such termination. 50 Termination must be effective upon the expiration of the 90 days 51 if the account holder fails to effectively dispute the 52 termination. 53 2. Allow an account holder who is 14 or 15 years of age to 54 request to terminate the account. Termination must be 55 effective within 5 business days after such request. 56 3. Allow the confirmed parent or guardian of an account 57 holder who is 14 or 15 years of age to request that the minor’s 58 account be terminated. Termination must be effective within 10 59 business days after such request. 60 4. Permanently delete all personal information held by the 61 social media platform relating to the terminated account, unless 62 there are legal requirements to maintain such information. 63 5. If law enforcement obtains a subpoena, provide a 64 mechanism to decrypt end-to-end encryption or other data 65 encryption features that restrict the accessibility of messages 66 on any account of a minor so that law enforcement may view 67 messages relevant to a criminal investigation involving a minor. 68 6. Allow a parent or legal guardian of a minor account 69 holder to view all messages. 70 7. Prohibit a minor account holder from using or accessing 71 messages that are designed to disappear after a certain period 72 of time or upon viewing, self-destructing messages, or messages 73 that are ephemeral in nature. 74 (4) If a court enjoins the enforcement of subsection (3) or 75 would otherwise enjoin enforcement of any other provision of 76 this section due to subsection (3), then subsection (3) shall be 77 severed, and the following shall come into effect: 78 (b) A social media platform shall: 79 1. Terminate any account held by an account holder who is 80 14 or 15 years of age, including accounts that the social media 81 platform treats or categorizes as belonging to an account holder 82 who is likely 14 or 15 years of age for purposes of targeting 83 content or advertising, and provide 90 days for an account 84 holder to dispute such termination. Termination must be 85 effective upon the expiration of 90 days if the account holder 86 fails to effectively dispute the termination. 87 2. Allow an account holder who is 14 or 15 years of age to 88 request to terminate the account. Termination must be effective 89 within 5 business days after such request. 90 3. Allow the confirmed parent or guardian of an account 91 holder who is 14 or 15 years of age to request that the minor’s 92 account be terminated. Termination must be effective within 10 93 business days after such request. 94 4. Permanently delete all personal information held by the 95 social media platform relating to the terminated account, unless 96 there are legal requirements to maintain such information. 97 5. If law enforcement obtains a subpoena, provide a 98 mechanism to decrypt end-to-end encryption or other data 99 encryption features that restrict the accessibility of messages 100 on any account of a minor so that law enforcement may view 101 messages relevant to a criminal investigation involving a minor. 102 6. Allow a parent or legal guardian of a minor account 103 holder to view all messages. 104 7. Prohibit a minor account holder from using or accessing 105 messages that are designed to disappear after a certain period 106 of time or upon viewing, self-destructing messages, or messages 107 that are ephemeral in nature. 108 Section 2. This act shall take effect July 1, 2025. 109 110 ================= T I T L E A M E N D M E N T ================ 111 And the title is amended as follows: 112 Delete everything before the enacting clause 113 and insert: 114 A bill to be entitled 115 An act relating to social media use by minors; 116 amending s. 501.1736, F.S.; requiring social media 117 platforms to provide a mechanism to decrypt end-to-end 118 encryption when law enforcement obtains a subpoena; 119 requiring social media platforms to allow a parent or 120 legal guardian of a minor account holder to view all 121 messages; prohibiting minor account holders from using 122 or accessing messages that are designed to disappear 123 or self destruct, or are ephemeral in nature; 124 providing an effective date.