Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 868
       
       
       
       
       
       
                                Ì588638YÎ588638                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/25/2025           .                                
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       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.