Florida Senate - 2025                          SENATOR AMENDMENT
       Bill No. CS for SB 868
       
       
       
       
       
       
                                Ì736458MÎ736458                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/24/2025 03:33 PM       .                                
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       Senator Ingoglia moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 39 - 107
    4  and insert:
    5         5.If law enforcement obtains a warrant or subpoena,
    6  provide a mechanism to decrypt end-to-end encryption or other
    7  data encryption features that restrict the accessibility of
    8  messages on any account of a minor so that law enforcement may
    9  view messages relevant to a criminal investigation involving a
   10  minor.
   11         6.Allow a parent or legal guardian of a minor account
   12  holder to view all messages.
   13         7.Prohibit a minor account holder from using or accessing
   14  messages that are designed to disappear after a certain period
   15  of time or upon viewing, self-destructing messages, or messages
   16  that are ephemeral in nature.
   17         (3)
   18         (b) A social media platform shall:
   19         1. Terminate any account held by an account holder who is
   20  14 or 15 years of age, including accounts that the social media
   21  platform treats or categorizes as belonging to an account holder
   22  who is likely 14 or 15 years of age for purposes of targeting
   23  content or advertising, if the account holder’s parent or
   24  guardian has not provided consent for the minor to create or
   25  maintain the account. The social media platform shall provide 90
   26  days for an account holder to dispute such termination.
   27  Termination must be effective upon the expiration of the 90 days
   28  if the account holder fails to effectively dispute the
   29  termination.
   30         2. Allow an account holder who is 14 or 15 years of age to
   31  request to terminate the account. Termination must be effective
   32  within 5 business days after such request.
   33         3. Allow the confirmed parent or guardian of an account
   34  holder who is 14 or 15 years of age to request that the minor’s
   35  account be terminated. Termination must be effective within 10
   36  business days after such request.
   37         4. Permanently delete all personal information held by the
   38  social media platform relating to the terminated account, unless
   39  there are legal requirements to maintain such information.
   40         5.If law enforcement obtains a warrant or subpoena,
   41  provide a mechanism to decrypt end-to-end encryption or other
   42  data encryption features that restrict the accessibility of
   43  messages on any account of a minor so that law enforcement may
   44  view messages relevant to a criminal investigation involving a
   45  minor.
   46         6.Allow a parent or legal guardian of a minor account
   47  holder to view all messages.
   48         7.Prohibit a minor account holder from using or accessing
   49  messages that are designed to disappear after a certain period
   50  of time or upon viewing, self-destructing messages, or messages
   51  that are ephemeral in nature.
   52         (4) If a court enjoins the enforcement of subsection (3) or
   53  would otherwise enjoin enforcement of any other provision of
   54  this section due to subsection (3), then subsection (3) shall be
   55  severed, and the following shall come into effect:
   56         (b) A social media platform shall:
   57         1. Terminate any account held by an account holder who is
   58  14 or 15 years of age, including accounts that the social media
   59  platform treats or categorizes as belonging to an account holder
   60  who is likely 14 or 15 years of age for purposes of targeting
   61  content or advertising, and provide 90 days for an account
   62  holder to dispute such termination. Termination must be
   63  effective upon the expiration of 90 days if the account holder
   64  fails to effectively dispute the termination.
   65         2. Allow an account holder who is 14 or 15 years of age to
   66  request to terminate the account. Termination must be effective
   67  within 5 business days after such request.
   68         3. Allow the confirmed parent or guardian of an account
   69  holder who is 14 or 15 years of age to request that the minor’s
   70  account be terminated. Termination must be effective within 10
   71  business days after such request.
   72         4. Permanently delete all personal information held by the
   73  social media platform relating to the terminated account, unless
   74  there are legal requirements to maintain such information.
   75         5.If law enforcement obtains a warrant or subpoena,
   76  provide a
   77  
   78  ================= T I T L E  A M E N D M E N T ================
   79  And the title is amended as follows:
   80         Delete line 5
   81  and insert:
   82         encryption when law enforcement obtains a warrant or
   83         subpoena;