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.