ENROLLED 2021 Legislature SB 7072, 1st Engrossed 20217072er 1 2 An act relating to social media platforms; providing 3 legislative findings; creating s. 106.072, F.S.; 4 defining terms; prohibiting a social media platform 5 from willfully deplatforming a candidate; providing 6 fines for violations; authorizing social media 7 platforms to provide free advertising for candidates 8 under specified conditions; providing enforcement 9 authority consistent with federal and state law; 10 creating s. 287.137, F.S.; defining terms; providing 11 requirements for public contracts and economic 12 incentives related to entities that have been 13 convicted or held civilly liable for antitrust 14 violations; prohibiting a public entity from entering 15 into any type of contract with a person or an 16 affiliate on the antitrust violator vendor list; 17 providing applicability; requiring certain contract 18 documents to contain a specified statement; requiring 19 the Department of Management Services to maintain a 20 list of people or affiliates disqualified from the 21 public contracting and purchasing process; specifying 22 requirements for publishing such list; providing 23 procedures for placing a person or an affiliate on the 24 list; providing procedural and legal rights for a 25 person or affiliate to challenge placement on the 26 list; providing a procedure for temporarily placing a 27 person on an antitrust violator vendor list; providing 28 procedural and legal rights for a person to challenge 29 temporary placement on the list; specifying conditions 30 for removing certain entities and affiliates from the 31 list; authorizing a person, under specified 32 conditions, to retain rights or obligations under 33 existing contracts or binding agreements; prohibiting 34 a person who has been placed on the antitrust violator 35 vendor list from receiving certain economic 36 incentives; providing exceptions; providing 37 enforcement authority consistent with federal and 38 state law; creating s. 501.2041, F.S.; defining terms; 39 providing that social media platforms that fail to 40 comply with specified requirements and prohibitions 41 commit an unfair or deceptive act or practice; 42 requiring a notification given by a social media 43 platform for censoring content or deplatforming a user 44 to contain certain information; providing an exception 45 to the notification requirements; authorizing the 46 Department of Legal Affairs to investigate suspected 47 violations under the Deceptive and Unfair Trade 48 Practices Act and bring specified actions for such 49 violations; specifying circumstances under which a 50 private cause of action may be brought; specifying how 51 damages are to be calculated; providing construction 52 for violations of certain provisions of this act; 53 granting the department specified subpoena powers; 54 providing enforcement authority consistent with 55 federal and state law; amending s. 501.212, F.S.; 56 conforming a provision to changes made by the act; 57 providing for severability; providing an effective 58 date. 59 60 Be It Enacted by the Legislature of the State of Florida: 61 62 Section 1. The Legislature finds that: 63 (1) Social media platforms represent an extraordinary 64 advance in communication technology for Floridians. 65 (2) Users should be afforded control over their personal 66 information related to social media platforms. 67 (3) Floridians increasingly rely on social media platforms 68 to express their opinions. 69 (4) Social media platforms have transformed into the new 70 public town square. 71 (5) Social media platforms have become as important for 72 conveying public opinion as public utilities are for supporting 73 modern society. 74 (6) Social media platforms hold a unique place in 75 preserving first amendment protections for all Floridians and 76 should be treated similarly to common carriers. 77 (7) Social media platforms that unfairly censor, shadow 78 ban, deplatform, or apply post-prioritization algorithms to 79 Florida candidates, Florida users, or Florida residents are not 80 acting in good faith. 81 (8) Social media platforms should not take any action in 82 bad faith to restrict access or availability to Floridians. 83 (9) Social media platforms have unfairly censored, shadow 84 banned, deplatformed, and applied post-prioritization algorithms 85 to Floridians. 86 (10) The state has a substantial interest in protecting its 87 residents from inconsistent and unfair actions by social media 88 platforms. 89 (11) The state must vigorously enforce state law to protect 90 Floridians. 91 Section 2. Section 106.072, Florida Statutes, is created to 92 read: 93 106.072 Social media deplatforming of political 94 candidates.— 95 (1) As used in this section, the term: 96 (a) “Candidate” has the same meaning as in s. 97 106.011(3)(e). 98 (b) “Deplatform” has the same meaning as in s. 501.2041. 99 (c) “Social media platform” has the same meaning as in s. 100 501.2041. 101 (d) “User” has the same meaning as in s. 501.2041. 102 (2) A social media platform may not willfully deplatform a 103 candidate for office who is known by the social media platform 104 to be a candidate, beginning on the date of qualification and 105 ending on the date of the election or the date the candidate 106 ceases to be a candidate. A social media platform must provide 107 each user a method by which the user may be identified as a 108 qualified candidate and which provides sufficient information to 109 allow the social media platform to confirm the user’s 110 qualification by reviewing the website of the Division of 111 Elections or the website of the local supervisor of elections. 112 (3) Upon a finding of a violation of subsection (2) by the 113 Florida Elections Commission, in addition to the remedies 114 provided in ss. 106.265 and 106.27, the social media platform 115 may be fined $250,000 per day for a candidate for statewide 116 office and $25,000 per day for a candidate for other offices. 117 (4) A social media platform that willfully provides free 118 advertising for a candidate must inform the candidate of such 119 in-kind contribution. Posts, content, material, and comments by 120 candidates which are shown on the platform in the same or 121 similar way as other users’ posts, content, material, and 122 comments are not considered free advertising. 123 (5) This section may only be enforced to the extent not 124 inconsistent with federal law and 47 U.S.C. s. 230(e)(3), and 125 notwithstanding any other provision of state law. 126 Section 3. Section 287.137, Florida Statutes, is created to 127 read: 128 287.137 Antitrust violations; denial or revocation of the 129 right to transact business with public entities; denial of 130 economic benefits.— 131 (1) As used in this section, the term: 132 (a) “Affiliate” means: 133 1. A predecessor or successor of a person convicted of or 134 held civilly liable for an antitrust violation; or 135 2. An entity under the control of any natural person who is 136 active in the management of the entity that has been convicted 137 of or held civilly liable for an antitrust violation. The term 138 includes those officers, directors, executives, partners, 139 shareholders, employees, members, and agents who are active in 140 the management of an affiliate. The ownership by one person of 141 shares constituting a controlling interest in another person, or 142 a pooling of equipment or income among persons when not for fair 143 market value under an arm’s length agreement, is a prima facie 144 case that one person controls another person. The term also 145 includes a person who knowingly enters into a joint venture with 146 a person who has violated an antitrust law during the preceding 147 36 months. 148 (b) “Antitrust violation” means any failure to comply with 149 a state or federal antitrust law as determined in a civil or 150 criminal proceeding brought by the Attorney General, a state 151 attorney, a similar body or agency of another state, the Federal 152 Trade Commission, or the United States Department of Justice. 153 (c) “Antitrust violator vendor list” means the list 154 required to be kept by the department pursuant to paragraph 155 (3)(b). 156 (d) “Conviction or being held civilly liable” or “convicted 157 or held civilly liable” means a criminal finding of 158 responsibility or guilt or conviction, with or without an 159 adjudication of guilt, being held civilly responsible or liable, 160 or having a judgment levied for an antitrust violation in any 161 federal or state trial court of record relating to charges 162 brought by indictment, information, or complaint on or after 163 July 1, 2021, as a result of a jury verdict, nonjury trial, or 164 entry of a plea of guilty or nolo contendere or other finding of 165 responsibility or liability. 166 (e) “Economic incentives” means state grants, cash grants, 167 tax exemptions, tax refunds, tax credits, state funds, and other 168 state incentives under chapter 288 or administered by Enterprise 169 Florida, Inc. 170 (f) “Person” means a natural person or an entity organized 171 under the laws of any state or of the United States which 172 operates as a social media platform, as defined in s. 501.2041, 173 with the legal power to enter into a binding contract and which 174 bids or applies to bid on contracts let by a public entity, or 175 which otherwise transacts or applies to transact business with a 176 public entity. The term includes those officers, directors, 177 executives, partners, shareholders, employees, members, and 178 agents who are active in the management of an entity. 179 (g) “Public entity” means the state and any of its 180 departments or agencies. 181 (2)(a) A person or an affiliate who has been placed on the 182 antitrust violator vendor list following a conviction or being 183 held civilly liable for an antitrust violation may not submit a 184 bid, proposal, or reply for any new contract to provide any 185 goods or services to a public entity; may not submit a bid, 186 proposal, or reply for a new contract with a public entity for 187 the construction or repair of a public building or public work; 188 may not submit a bid, proposal, or reply on new leases of real 189 property to a public entity; may not be awarded or perform work 190 as a contractor, supplier, subcontractor, or consultant under a 191 new contract with a public entity; and may not transact new 192 business with a public entity. 193 (b) A public entity may not accept a bid, proposal, or 194 reply from, award a new contract to, or transact new business 195 with any person or affiliate on the antitrust violator vendor 196 list unless that person or affiliate has been removed from the 197 list pursuant to paragraph (3)(e). 198 (c) This subsection does not apply to contracts that were 199 awarded or business transactions that began before a person or 200 an affiliate was placed on the antitrust violator vendor list or 201 before July 1, 2021, whichever date occurs later. 202 (3)(a) Beginning July 1, 2021, all invitations to bid, 203 requests for proposals, and invitations to negotiate, as those 204 terms are defined in s. 287.012, and any contract document 205 described in s. 287.058 must contain a statement informing 206 persons of the provisions of paragraph (2)(a). 207 (b) The department shall maintain an antitrust violator 208 vendor list of the names and addresses of the persons or 209 affiliates who have been disqualified from the public 210 contracting and purchasing process under this section. The 211 department shall electronically publish the initial antitrust 212 violator vendor list on January 1, 2022, and shall update and 213 electronically publish the list quarterly thereafter. 214 Notwithstanding this paragraph, a person or an affiliate 215 disqualified from the public contracting and purchasing process 216 pursuant to this section is disqualified as of the date the 217 department enters the final order. 218 (c)1. After receiving notice of a judgment, sentence, or 219 order from any source that a person was convicted or held 220 civilly liable for an antitrust violation and after the 221 department has investigated the information and verified both 222 the judgment, sentence, or order and the identity of the person 223 named in the documentation, the department must immediately 224 notify the person or affiliate in writing of its intent to place 225 the name of that person or affiliate on the antitrust violator 226 vendor list and of the person’s or affiliate’s right to a 227 hearing, the procedure that must be followed, and the applicable 228 time requirements. If the person or affiliate does not request a 229 hearing, the department shall enter a final order placing the 230 name of the person or affiliate on the antitrust violator vendor 231 list. A person or affiliate may be placed on the antitrust 232 violator vendor list only after the department has provided the 233 person or affiliate with a notice of intent. 234 2. Within 21 days after receipt of the notice of intent, 235 the person or affiliate may file a petition for a formal hearing 236 under ss. 120.569 and 120.57(1) to determine whether good cause 237 has been shown by the department and whether it is in the public 238 interest for the person or affiliate to be placed on the 239 antitrust violator vendor list. A person or an affiliate may not 240 file a petition for an informal hearing under s. 120.57(2). The 241 procedures of chapter 120 shall apply to any formal hearing 242 under this paragraph except, within 30 days after the formal 243 hearing or receipt of the hearing transcript, whichever is 244 later, the administrative law judge shall enter a final order 245 that shall consist of findings of fact, conclusions of law, 246 interpretation of agency rules, and any other information 247 required by law or rule to be contained in the final order. The 248 final order shall direct the department to place or not place 249 the person or affiliate on the antitrust violator vendor list. 250 The final order of the administrative law judge is final agency 251 action for purposes of s. 120.68. 252 3. In determining whether it is in the public interest to 253 place a person or an affiliate on the antitrust violator vendor 254 list under this paragraph, the administrative law judge shall 255 consider the following factors: 256 a. Whether the person or affiliate was convicted or held 257 civilly liable for an antitrust violation. 258 b. The nature and details of the antitrust violation. 259 c. The degree of culpability of the person or affiliate 260 proposed to be placed on the antitrust violator vendor list. 261 d. Reinstatement or clemency in any jurisdiction in 262 relation to the antitrust violation at issue in the proceeding. 263 e. The needs of public entities for additional competition 264 in the procurement of goods and services in their respective 265 markets. 266 f. The effect of the antitrust violations on Floridians. 267 4. After the person or affiliate requests a formal hearing, 268 the burden shifts to the department to prove that it is in the 269 public interest for the person or affiliate to whom it has given 270 notice under this paragraph to be placed on the antitrust 271 violator vendor list. Proof that a person was convicted or was 272 held civilly liable or that an entity is an affiliate of such 273 person constitutes a prima facie case that it is in the public 274 interest for the person or affiliate to whom the department has 275 given notice to be put on the antitrust violator vendor list. 276 Status as an affiliate must be proven by clear and convincing 277 evidence. Unless the administrative law judge determines that 278 the person was convicted or that the person was civilly liable 279 or is an affiliate of such person, that person or affiliate may 280 not be placed on the antitrust violator vendor list. 281 5. Any person or affiliate who has been notified by the 282 department of its intent to place his or her name on the 283 antitrust violator vendor list may offer evidence on any 284 relevant issue. An affidavit alone does not constitute competent 285 substantial evidence that the person has not been convicted or 286 is not an affiliate of a person convicted or held civilly 287 liable. Upon establishment of a prima facie case that it is in 288 the public interest for the person or affiliate to whom the 289 department has given notice to be put on the antitrust violator 290 vendor list, the person or affiliate may prove by a 291 preponderance of the evidence that it would not be in the public 292 interest to put him or her on the antitrust violator vendor 293 list, based upon evidence addressing the factors in subparagraph 294 3. 295 (d)1. Upon receipt of an information or indictment from any 296 source that a person has been charged with or accused of 297 violating any state or federal antitrust law in a civil or 298 criminal proceeding, including a civil investigative demand, 299 brought by the Attorney General, a state attorney, the Federal 300 Trade Commission, or the United States Department of Justice on 301 or after July 1, 2021, the Attorney General must determine 302 whether there is probable cause that a person has likely 303 violated the underlying antitrust laws, which justifies 304 temporary placement of such person on the antitrust violator 305 vendor list until such proceeding has concluded. 306 2. If the Attorney General determines probable cause 307 exists, the Attorney General shall notify the person in writing 308 of its intent to temporarily place the name of that person on 309 the antitrust violator vendor list, and of the person’s right to 310 a hearing, the procedure that must be followed, and the 311 applicable time requirements. If the person does not request a 312 hearing, the Attorney General shall enter a final order 313 temporarily placing the name of the person on the antitrust 314 violator vendor list. A person may be placed on the antitrust 315 violator vendor list only after being provided with a notice of 316 intent from the Attorney General. 317 3. Within 21 days after receipt of the notice of intent, 318 the person may file a petition for a formal hearing pursuant to 319 ss. 120.569 and 120.57(1) to determine whether it is in the 320 public interest for the person to be temporarily placed on the 321 antitrust violator vendor list. A person may not file a petition 322 for an informal hearing under s. 120.57(2). The procedures of 323 chapter 120 shall apply to any formal hearing under this 324 paragraph. 325 4. In determining whether it is in the public interest to 326 place a person on the antitrust violator vendor list under this 327 paragraph, the administrative law judge shall consider the 328 following factors: 329 a. The likelihood the person will be convicted or held 330 civilly liable for the antitrust violation. 331 b. The nature and details of the antitrust violation. 332 c. The degree of culpability of the person proposed to be 333 placed on the antitrust violator vendor list. 334 d. The needs of public entities for additional competition 335 in the procurement of goods and services in their respective 336 markets. 337 e. The effect of the antitrust violations on Floridians. 338 5. The Attorney General has the burden to prove that it is 339 in the public interest for the person to whom it has given 340 notice under this paragraph to be temporarily placed on the 341 antitrust violator vendor list. Unless the administrative law 342 judge determines that it is in the public interest to 343 temporarily place a person on the antitrust violator vendor 344 list, that person shall not be placed on the antitrust violator 345 vendor list. 346 6. This paragraph does not apply to affiliates. 347 (e)1. A person or an affiliate may be removed from the 348 antitrust violator vendor list subject to such terms and 349 conditions as may be prescribed by the administrative law judge 350 upon a determination that removal is in the public interest. In 351 determining whether removal is in the public interest, the 352 administrative law judge must consider any relevant factors, 353 including, but not limited to, the factors identified in 354 subparagraph (c)3. Upon proof that a person was found not guilty 355 or not civilly liable, the antitrust violation case was 356 dismissed, the court entered a finding in the person’s favor, 357 the person’s conviction or determination of liability has been 358 reversed on appeal, or the person has been pardoned, the 359 administrative law judge shall determine that removal of the 360 person or an affiliate of that person from the antitrust 361 violator vendor list is in the public interest. A person or an 362 affiliate on the antitrust violator vendor list may petition for 363 removal from the list no sooner than 6 months after the date a 364 final order is entered pursuant to this section but may petition 365 for removal at any time if the petition is based upon a reversal 366 of the conviction or liability on appellate review or pardon. 367 The petition must be filed with the department, and the 368 proceeding must be conducted pursuant to the procedures and 369 requirements of this subsection. 370 2. If the petition for removal is denied, the person or 371 affiliate may not petition for another hearing on removal for a 372 period of 9 months after the date of denial unless the petition 373 is based upon a reversal of the conviction on appellate review 374 or a pardon. The department may petition for removal before the 375 expiration of such period if, in its discretion, it determines 376 that removal is in the public interest. 377 (4) The conviction of a person or a person being held 378 civilly liable for an antitrust violation, or placement on the 379 antitrust violator vendor list, does not affect any rights or 380 obligations under any contract, franchise, or other binding 381 agreement that predates such conviction, finding of civil 382 liability, or placement on the antitrust violator vendor list. 383 (5) A person who has been placed on the antitrust violator 384 vendor list is not a qualified applicant for economic incentives 385 under chapter 288, and such person shall not be qualified to 386 receive such economic incentives. This subsection does not apply 387 to economic incentives that are awarded before a person is 388 placed on the antitrust violator vendor list or before July 1, 389 2021. 390 (6) This section does not apply to: 391 (a) Any activity regulated by the Public Service 392 Commission; 393 (b) The purchase of goods or services made by any public 394 entity from the Department of Corrections, from the nonprofit 395 corporation organized under chapter 946, or from any qualified 396 nonprofit agency for the blind or other severely handicapped 397 persons under ss. 413.032-413.037; or 398 (c) Any contract with a public entity to provide any goods 399 or services for emergency response efforts related to a state of 400 emergency declaration issued by the Governor. 401 (7) This section may only be enforced to the extent not 402 inconsistent with federal law and notwithstanding any other 403 provision of state law. 404 Section 4. Section 501.2041, Florida Statutes, is created 405 to read: 406 501.2041 Unlawful acts and practices by social media 407 platforms.— 408 (1) As used in this section, the term: 409 (a) “Algorithm” means a mathematical set of rules that 410 specifies how a group of data behaves and that will assist in 411 ranking search results and maintaining order or that is used in 412 sorting or ranking content or material based on relevancy or 413 other factors instead of using published time or chronological 414 order of such content or material. 415 (b) “Censor” includes any action taken by a social media 416 platform to delete, regulate, restrict, edit, alter, inhibit the 417 publication or republication of, suspend a right to post, 418 remove, or post an addendum to any content or material posted by 419 a user. The term also includes actions to inhibit the ability of 420 a user to be viewable by or to interact with another user of the 421 social media platform. 422 (c) “Deplatform” means the action or practice by a social 423 media platform to permanently delete or ban a user or to 424 temporarily delete or ban a user from the social media platform 425 for more than 14 days. 426 (d) “Journalistic enterprise” means an entity doing 427 business in Florida that: 428 1. Publishes in excess of 100,000 words available online 429 with at least 50,000 paid subscribers or 100,000 monthly active 430 users; 431 2. Publishes 100 hours of audio or video available online 432 with at least 100 million viewers annually; 433 3. Operates a cable channel that provides more than 40 434 hours of content per week to more than 100,000 cable television 435 subscribers; or 436 4. Operates under a broadcast license issued by the Federal 437 Communications Commission. 438 (e) “Post-prioritization” means action by a social media 439 platform to place, feature, or prioritize certain content or 440 material ahead of, below, or in a more or less prominent 441 position than others in a newsfeed, a feed, a view, or in search 442 results. The term does not include post-prioritization of 443 content and material of a third party, including other users, 444 based on payments by that third party, to the social media 445 platform. 446 (f) “Shadow ban” means action by a social media platform, 447 through any means, whether the action is determined by a natural 448 person or an algorithm, to limit or eliminate the exposure of a 449 user or content or material posted by a user to other users of 450 the social media platform. This term includes acts of shadow 451 banning by a social media platform which are not readily 452 apparent to a user. 453 (g) “Social media platform” means any information service, 454 system, Internet search engine, or access software provider 455 that: 456 1. Provides or enables computer access by multiple users to 457 a computer server, including an Internet platform or a social 458 media site; 459 2. Operates as a sole proprietorship, partnership, limited 460 liability company, corporation, association, or other legal 461 entity; 462 3. Does business in the state; and 463 4. Satisfies at least one of the following thresholds: 464 a. Has annual gross revenues in excess of $100 million, as 465 adjusted in January of each odd-numbered year to reflect any 466 increase in the Consumer Price Index. 467 b. Has at least 100 million monthly individual platform 468 participants globally. 469 470 The term does not include any information service, system, 471 Internet search engine, or access software provider operated by 472 a company that owns and operates a theme park or entertainment 473 complex as defined in s. 509.013. 474 (h) “User” means a person who resides or is domiciled in 475 this state and who has an account on a social media platform, 476 regardless of whether the person posts or has posted content or 477 material to the social media platform. 478 (2) A social media platform that fails to comply with any 479 of the provisions of this subsection commits an unfair or 480 deceptive act or practice as specified in s. 501.204. 481 (a) A social media platform must publish the standards, 482 including detailed definitions, it uses or has used for 483 determining how to censor, deplatform, and shadow ban. 484 (b) A social media platform must apply censorship, 485 deplatforming, and shadow banning standards in a consistent 486 manner among its users on the platform. 487 (c) A social media platform must inform each user about any 488 changes to its user rules, terms, and agreements before 489 implementing the changes and may not make changes more than once 490 every 30 days. 491 (d) A social media platform may not censor or shadow ban a 492 user’s content or material or deplatform a user from the social 493 media platform: 494 1. Without notifying the user who posted or attempted to 495 post the content or material; or 496 2. In a way that violates this part. 497 (e) A social media platform must: 498 1. Provide a mechanism that allows a user to request the 499 number of other individual platform participants who were 500 provided or shown the user’s content or posts. 501 2. Provide, upon request, a user with the number of other 502 individual platform participants who were provided or shown 503 content or posts. 504 (f) A social media platform must: 505 1. Categorize algorithms used for post-prioritization and 506 shadow banning. 507 2. Allow a user to opt out of post-prioritization and 508 shadow banning algorithm categories to allow sequential or 509 chronological posts and content. 510 (g) A social media platform must provide users with an 511 annual notice on the use of algorithms for post-prioritization 512 and shadow banning and reoffer annually the opt-out opportunity 513 in subparagraph (f)2. 514 (h) A social media platform may not apply or use post 515 prioritization or shadow banning algorithms for content and 516 material posted by or about a user who is known by the social 517 media platform to be a candidate as defined in s. 106.011(3)(e), 518 beginning on the date of qualification and ending on the date of 519 the election or the date the candidate ceases to be a candidate. 520 Post-prioritization of certain content or material from or about 521 a candidate for office based on payments to the social media 522 platform by such candidate for office or a third party is not a 523 violation of this paragraph. A social media platform must 524 provide each user a method by which the user may be identified 525 as a qualified candidate and which provides sufficient 526 information to allow the social media platform to confirm the 527 user’s qualification by reviewing the website of the Division of 528 Elections or the website of the local supervisor of elections. 529 (i) A social media platform must allow a user who has been 530 deplatformed to access or retrieve all of the user’s 531 information, content, material, and data for at least 60 days 532 after the user receives the notice required under subparagraph 533 (d)1. 534 (j) A social media platform may not take any action to 535 censor, deplatform, or shadow ban a journalistic enterprise 536 based on the content of its publication or broadcast. Post 537 prioritization of certain journalistic enterprise content based 538 on payments to the social media platform by such journalistic 539 enterprise is not a violation of this paragraph. This paragraph 540 does not apply if the content or material is obscene as defined 541 in s. 847.001. 542 (3) For purposes of subparagraph (2)(d)1., a notification 543 must: 544 (a) Be in writing. 545 (b) Be delivered via electronic mail or direct electronic 546 notification to the user within 7 days after the censoring 547 action. 548 (c) Include a thorough rationale explaining the reason that 549 the social media platform censored the user. 550 (d) Include a precise and thorough explanation of how the 551 social media platform became aware of the censored content or 552 material, including a thorough explanation of the algorithms 553 used, if any, to identify or flag the user’s content or material 554 as objectionable. 555 (4) Notwithstanding any other provisions of this section, a 556 social media platform is not required to notify a user if the 557 censored content or material is obscene as defined in s. 558 847.001. 559 (5) If the department, by its own inquiry or as a result of 560 a complaint, suspects that a violation of this section is 561 imminent, occurring, or has occurred, the department may 562 investigate the suspected violation in accordance with this 563 part. Based on its investigation, the department may bring a 564 civil or administrative action under this part. For the purpose 565 of bringing an action pursuant to this section, ss. 501.211 and 566 501.212 do not apply. 567 (6) A user may only bring a private cause of action for 568 violations of paragraph (2)(b) or subparagraph (2)(d)1. In a 569 private cause of action brought under paragraph (2)(b) or 570 subparagraph (2)(d)1., the court may award the following 571 remedies to the user: 572 (a) Up to $100,000 in statutory damages per proven claim. 573 (b) Actual damages. 574 (c) If aggravating factors are present, punitive damages. 575 (d) Other forms of equitable relief, including injunctive 576 relief. 577 (e) If the user was deplatformed in violation of paragraph 578 (2)(b), costs and reasonable attorney fees. 579 (7) For purposes of bringing an action in accordance with 580 subsections (5) and (6), each failure to comply with the 581 individual provisions of subsection (2) shall be treated as a 582 separate violation, act, or practice. For purposes of bringing 583 an action in accordance with subsections (5) and (6), a social 584 media platform that censors, shadow bans, deplatforms, or 585 applies post-prioritization algorithms to candidates and users 586 in the state is conclusively presumed to be both engaged in 587 substantial and not isolated activities within the state and 588 operating, conducting, engaging in, or carrying on a business, 589 and doing business in this state, and is therefore subject to 590 the jurisdiction of the courts of the state. 591 (8) In an investigation by the department into alleged 592 violations of this section, the department’s investigative 593 powers include, but are not limited to, the ability to subpoena 594 any algorithm used by a social media platform related to any 595 alleged violation. 596 (9) This section may only be enforced to the extent not 597 inconsistent with federal law and 47 U.S.C. s. 230(e)(3), and 598 notwithstanding any other provision of state law. 599 Section 5. Subsection (2) of section 501.212, Florida 600 Statutes, is amended to read: 601 501.212 Application.—This part does not apply to: 602 (2) Except as provided in s. 501.2041, a publisher, 603 broadcaster, printer, or other person engaged in the 604 dissemination of information or the reproduction of printed or 605 pictorial matter, insofar as the information or matter has been 606 disseminated or reproduced on behalf of others without actual 607 knowledge that it violated this part. 608 Section 6. If any provision of this act or the application 609 thereof to any person or circumstance is held invalid, the 610 invalidity shall not affect other provisions or applications of 611 the act which can be given effect without the invalid provision 612 or application, and to this end the provisions of this act are 613 declared severable. 614 Section 7. This act shall take effect July 1, 2021.