Florida Senate - 2025 CS for SB 868
By the Committee on Commerce and Tourism; and Senator Ingoglia
577-02809-25 2025868c1
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 provide a mechanism to decrypt end-to-end
5 encryption when law enforcement obtains a subpoena;
6 requiring social media platforms to allow a parent or
7 legal guardian of a minor account holder to view all
8 messages; prohibiting minor account holders from using
9 or accessing messages that are designed to disappear
10 or self destruct, or are ephemeral in nature;
11 providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraph (b) of subsection (2), paragraph (b)
16 of subsection (3), and paragraph (b) of subsection (4) of
17 section 501.1736, Florida Statutes, are amended to read:
18 501.1736 Social media use for minors.—
19 (2)
20 (b) A social media platform shall:
21 1. Terminate any account held by an account holder younger
22 than 14 years of age, including accounts that the social media
23 platform treats or categorizes as belonging to an account holder
24 who is likely younger than 14 years of age for purposes of
25 targeting content or advertising, and provide 90 days for an
26 account holder to dispute such termination. Termination must be
27 effective upon the expiration of the 90 days if the account
28 holder fails to effectively dispute the termination.
29 2. Allow an account holder younger than 14 years of age to
30 request to terminate the account. Termination must be effective
31 within 5 business days after such request.
32 3. Allow the confirmed parent or guardian of an account
33 holder younger than 14 years of age to request that the minor’s
34 account be terminated. Termination must be effective within 10
35 business days after such request.
36 4. Permanently delete all personal information held by the
37 social media platform relating to the terminated account, unless
38 there are legal requirements to maintain such information.
39 5. If law enforcement obtains a subpoena, provide a
40 mechanism to decrypt end-to-end encryption or other data
41 encryption features that restrict the accessibility of messages
42 on any account of a minor so that law enforcement may view
43 messages relevant to a criminal investigation involving a minor.
44 6. Allow a parent or legal guardian of a minor account
45 holder to view all messages.
46 7. Prohibit a minor account holder from using or accessing
47 messages that are designed to disappear after a certain period
48 of time or upon viewing, self-destructing messages, or messages
49 that are ephemeral in nature.
50 (3)
51 (b) A social media platform shall:
52 1. Terminate any account held by an account holder who is
53 14 or 15 years of age, including accounts that the social media
54 platform treats or categorizes as belonging to an account holder
55 who is likely 14 or 15 years of age for purposes of targeting
56 content or advertising, if the account holder’s parent or
57 guardian has not provided consent for the minor to create or
58 maintain the account. The social media platform shall provide 90
59 days for an account holder to dispute such termination.
60 Termination must be effective upon the expiration of the 90 days
61 if the account holder fails to effectively dispute the
62 termination.
63 2. Allow an account holder who is 14 or 15 years of age to
64 request to terminate the account. Termination must be effective
65 within 5 business days after such request.
66 3. Allow the confirmed parent or guardian of an account
67 holder who is 14 or 15 years of age to request that the minor’s
68 account be terminated. Termination must be effective within 10
69 business days after such request.
70 4. Permanently delete all personal information held by the
71 social media platform relating to the terminated account, unless
72 there are legal requirements to maintain such information.
73 5. If law enforcement obtains a subpoena, provide a
74 mechanism to decrypt end-to-end encryption or other data
75 encryption features that restrict the accessibility of messages
76 on any account of a minor so that law enforcement may view
77 messages relevant to a criminal investigation involving a minor.
78 6. Allow a parent or legal guardian of a minor account
79 holder to view all messages.
80 7. Prohibit a minor account holder from using or accessing
81 messages that are designed to disappear after a certain period
82 of time or upon viewing, self-destructing messages, or messages
83 that are ephemeral in nature.
84 (4) If a court enjoins the enforcement of subsection (3) or
85 would otherwise enjoin enforcement of any other provision of
86 this section due to subsection (3), then subsection (3) shall be
87 severed, and the following shall come into effect:
88 (b) A social media platform shall:
89 1. Terminate any account held by an account holder who is
90 14 or 15 years of age, including accounts that the social media
91 platform treats or categorizes as belonging to an account holder
92 who is likely 14 or 15 years of age for purposes of targeting
93 content or advertising, and provide 90 days for an account
94 holder to dispute such termination. Termination must be
95 effective upon the expiration of 90 days if the account holder
96 fails to effectively dispute the termination.
97 2. Allow an account holder who is 14 or 15 years of age to
98 request to terminate the account. Termination must be effective
99 within 5 business days after such request.
100 3. Allow the confirmed parent or guardian of an account
101 holder who is 14 or 15 years of age to request that the minor’s
102 account be terminated. Termination must be effective within 10
103 business days after such request.
104 4. Permanently delete all personal information held by the
105 social media platform relating to the terminated account, unless
106 there are legal requirements to maintain such information.
107 5. If law enforcement obtains a subpoena, provide a
108 mechanism to decrypt end-to-end encryption or other data
109 encryption features that restrict the accessibility of messages
110 on any account of a minor so that law enforcement may view
111 messages relevant to a criminal investigation involving a minor.
112 6. Allow a parent or legal guardian of a minor account
113 holder to view all messages.
114 7. Prohibit a minor account holder from using or accessing
115 messages that are designed to disappear after a certain period
116 of time or upon viewing, self-destructing messages, or messages
117 that are ephemeral in nature.
118 Section 2. This act shall take effect July 1, 2025.