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.