CS for SB 868 First Engrossed
2025868e1
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 warrant or
6 subpoena; requiring social media platforms to allow a
7 parent or legal guardian of a minor account holder to
8 view all messages; prohibiting minor account holders
9 from using or accessing messages that are designed to
10 disappear or self destruct, or are ephemeral in
11 nature; 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 warrant or subpoena,
40 provide a mechanism to decrypt end-to-end encryption or other
41 data encryption features that restrict the accessibility of
42 messages on any account of a minor so that law enforcement may
43 view messages relevant to a criminal investigation involving a
44 minor.
45 6. Allow a parent or legal guardian of a minor account
46 holder to view all messages.
47 7. Prohibit a minor account holder from using or accessing
48 messages that are designed to disappear after a certain period
49 of time or upon viewing, self-destructing messages, or messages
50 that are ephemeral in nature.
51 (3)
52 (b) A social media platform shall:
53 1. Terminate any account held by an account holder who is
54 14 or 15 years of age, including accounts that the social media
55 platform treats or categorizes as belonging to an account holder
56 who is likely 14 or 15 years of age for purposes of targeting
57 content or advertising, if the account holder’s parent or
58 guardian has not provided consent for the minor to create or
59 maintain the account. The social media platform shall provide 90
60 days for an account holder to dispute such termination.
61 Termination must be effective upon the expiration of the 90 days
62 if the account holder fails to effectively dispute the
63 termination.
64 2. Allow an account holder who is 14 or 15 years of age to
65 request to terminate the account. Termination must be effective
66 within 5 business days after such request.
67 3. Allow the confirmed parent or guardian of an account
68 holder who is 14 or 15 years of age to request that the minor’s
69 account be terminated. Termination must be effective within 10
70 business days after such request.
71 4. Permanently delete all personal information held by the
72 social media platform relating to the terminated account, unless
73 there are legal requirements to maintain such information.
74 5. If law enforcement obtains a warrant or subpoena,
75 provide a mechanism to decrypt end-to-end encryption or other
76 data encryption features that restrict the accessibility of
77 messages on any account of a minor so that law enforcement may
78 view messages relevant to a criminal investigation involving a
79 minor.
80 6. Allow a parent or legal guardian of a minor account
81 holder to view all messages.
82 7. Prohibit a minor account holder from using or accessing
83 messages that are designed to disappear after a certain period
84 of time or upon viewing, self-destructing messages, or messages
85 that are ephemeral in nature.
86 (4) If a court enjoins the enforcement of subsection (3) or
87 would otherwise enjoin enforcement of any other provision of
88 this section due to subsection (3), then subsection (3) shall be
89 severed, and the following shall come into effect:
90 (b) A social media platform shall:
91 1. Terminate any account held by an account holder who is
92 14 or 15 years of age, including accounts that the social media
93 platform treats or categorizes as belonging to an account holder
94 who is likely 14 or 15 years of age for purposes of targeting
95 content or advertising, and provide 90 days for an account
96 holder to dispute such termination. Termination must be
97 effective upon the expiration of 90 days if the account holder
98 fails to effectively dispute the termination.
99 2. Allow an account holder who is 14 or 15 years of age to
100 request to terminate the account. Termination must be effective
101 within 5 business days after such request.
102 3. Allow the confirmed parent or guardian of an account
103 holder who is 14 or 15 years of age to request that the minor’s
104 account be terminated. Termination must be effective within 10
105 business days after such request.
106 4. Permanently delete all personal information held by the
107 social media platform relating to the terminated account, unless
108 there are legal requirements to maintain such information.
109 5. If law enforcement obtains a warrant or subpoena,
110 provide a mechanism to decrypt end-to-end encryption or other
111 data encryption features that restrict the accessibility of
112 messages on any account of a minor so that law enforcement may
113 view messages relevant to a criminal investigation involving a
114 minor.
115 6. Allow a parent or legal guardian of a minor account
116 holder to view all messages.
117 7. Prohibit a minor account holder from using or accessing
118 messages that are designed to disappear after a certain period
119 of time or upon viewing, self-destructing messages, or messages
120 that are ephemeral in nature.
121 Section 2. This act shall take effect July 1, 2025.