Florida Senate - 2025                                     SB 868
       
       
        
       By Senator Ingoglia
       
       
       
       
       
       11-00759A-25                                           2025868__
    1                        A bill to be entitled                      
    2         An act relating to social media use by minors;
    3         amending s. 501.1736, F.S.; requiring social media
    4         platforms to disable certain encryption features for a
    5         specified purpose; providing an effective date.
    6          
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Paragraph (b) of subsection (2), paragraph (b)
   10  of subsection (3), and paragraph (b) of subsection (4) of
   11  section 501.1736, Florida Statutes, are amended to read:
   12         501.1736 Social media use for minors.—
   13         (2)
   14         (b) A social media platform shall:
   15         1. Terminate any account held by an account holder younger
   16  than 14 years of age, including accounts that the social media
   17  platform treats or categorizes as belonging to an account holder
   18  who is likely younger than 14 years of age for purposes of
   19  targeting content or advertising, and provide 90 days for an
   20  account holder to dispute such termination. Termination must be
   21  effective upon the expiration of the 90 days if the account
   22  holder fails to effectively dispute the termination.
   23         2. Allow an account holder younger than 14 years of age to
   24  request to terminate the account. Termination must be effective
   25  within 5 business days after such request.
   26         3. Allow the confirmed parent or guardian of an account
   27  holder younger than 14 years of age to request that the minor’s
   28  account be terminated. Termination must be effective within 10
   29  business days after such request.
   30         4. Permanently delete all personal information held by the
   31  social media platform relating to the terminated account, unless
   32  there are legal requirements to maintain such information.
   33         5.Disable end-to-end encryption or other data encryption
   34  features that restrict the accessibility of messages so that a
   35  minor’s parent or legal guardian may view all messages and law
   36  enforcement may view messages relevant to a felony criminal
   37  investigation involving minors.
   38         (3)
   39         (b) A social media platform shall:
   40         1. Terminate any account held by an account holder who is
   41  14 or 15 years of age, including accounts that the social media
   42  platform treats or categorizes as belonging to an account holder
   43  who is likely 14 or 15 years of age for purposes of targeting
   44  content or advertising, if the account holder’s parent or
   45  guardian has not provided consent for the minor to create or
   46  maintain the account. The social media platform shall provide 90
   47  days for an account holder to dispute such termination.
   48  Termination must be effective upon the expiration of the 90 days
   49  if the account holder fails to effectively dispute the
   50  termination.
   51         2. Allow an account holder who is 14 or 15 years of age to
   52  request to terminate the account. Termination must be effective
   53  within 5 business days after such request.
   54         3. Allow the confirmed parent or guardian of an account
   55  holder who is 14 or 15 years of age to request that the minor’s
   56  account be terminated. Termination must be effective within 10
   57  business days after such request.
   58         4. Permanently delete all personal information held by the
   59  social media platform relating to the terminated account, unless
   60  there are legal requirements to maintain such information.
   61         5.Disable end-to-end encryption or other data encryption
   62  features that restrict the accessibility of messages so that a
   63  minor’s parent or legal guardian may view all messages and law
   64  enforcement may view messages relevant to a felony criminal
   65  investigation involving minors.
   66         (4) If a court enjoins the enforcement of subsection (3) or
   67  would otherwise enjoin enforcement of any other provision of
   68  this section due to subsection (3), then subsection (3) shall be
   69  severed, and the following shall come into effect:
   70         (b) A social media platform shall:
   71         1. Terminate any account held by an account holder who is
   72  14 or 15 years of age, including accounts that the social media
   73  platform treats or categorizes as belonging to an account holder
   74  who is likely 14 or 15 years of age for purposes of targeting
   75  content or advertising, and provide 90 days for an account
   76  holder to dispute such termination. Termination must be
   77  effective upon the expiration of 90 days if the account holder
   78  fails to effectively dispute the termination.
   79         2. Allow an account holder who is 14 or 15 years of age to
   80  request to terminate the account. Termination must be effective
   81  within 5 business days after such request.
   82         3. Allow the confirmed parent or guardian of an account
   83  holder who is 14 or 15 years of age to request that the minor’s
   84  account be terminated. Termination must be effective within 10
   85  business days after such request.
   86         4. Permanently delete all personal information held by the
   87  social media platform relating to the terminated account, unless
   88  there are legal requirements to maintain such information.
   89         5.Disable end-to-end encryption or other data encryption
   90  features that restrict the accessibility of messages so that a
   91  minor’s parent or legal guardian may view all messages and law
   92  enforcement may view messages relevant to a felony criminal
   93  investigation involving minors.
   94         Section 2. This act shall take effect July 1, 2025.