Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS/HB 1, 1st Eng.
       
       
       
       
       
       
                                Ì243784DÎ243784                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  02/16/2024           .                                
                                       .                                
                Floor: 1/RS/2R         .                                
             02/21/2024 03:57 PM       .                                
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       The Committee on Fiscal Policy (Hutson) recommended the
       following:
       
    1         Senate Substitute for Amendment (969436) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 501.1736, Florida Statutes, is created
    7  to read:
    8         501.1736Social media use for minors.—
    9         (1)As used in this section, the term:
   10         (a)“Account holder” means a resident who opens an account
   11  or creates a profile or is permitted to use or is identified by
   12  any other form of identification while using or accessing a
   13  social media platform when the social media platform knows or
   14  has reason to believe the resident is located in this state.
   15         (b)“Addictive features” means features that are designed
   16  to cause an account holder to have an excessive or compulsive
   17  need to use or engage with the social media platform.
   18         (c)“Daily active users” means the unique users in the
   19  United States who used the social media platform at least 80
   20  percent of the days during the previous calendar year, or if the
   21  social media platform did not exist during the previous calendar
   22  year, the number of unique users in the United States who used
   23  the social media platform at least 80 percent of the days during
   24  the previous month.
   25         (d)“Department” means the Department of Legal Affairs.
   26         (e)“Reasonable age verification method” has the same
   27  meaning as in s. 501.1738.
   28         (f)“Resident” means a person who lives in this state for
   29  more than 6 months of the year.
   30         (g)“Social media platform” means an online forum, a
   31  website, or an application offered by an entity which does all
   32  of the following:
   33         1.Uses algorithms that analyze user data or information on
   34  users whom the online forum, website, or application knows or
   35  has reason to believe are younger than 16 years of age to:
   36         a.Select content for users; or
   37         b.Target advertising toward users.
   38         2.Has one or more of the following addictive features:
   39         a.Infinite scrolling with continuous loading content, or
   40  content that loads as the user scrolls down the page without the
   41  need to open a separate page; or seamless content, or the use of
   42  pages with no visible or apparent breaks.
   43         b.Push notifications or alerts sent by the online forum,
   44  website, or application to inform a user about specific
   45  activities or events related to the user’s account.
   46         c.Display personal interactive metrics that indicate the
   47  number of times other users have clicked a button to indicate
   48  reaction to content or have shared or reposted the content.
   49         d.Auto-play video or video that begins to play without the
   50  user first clicking on the video or on a play button for that
   51  video.
   52         e.Live-streaming or a function that allows a user or
   53  advertiser to broadcast live video content in real-time.
   54         3.Has 10 percent or more of daily active users younger
   55  than 16 years of age spending, on average, 2 hours per day on
   56  the online forum, website, or application.
   57         4.Allows a user to upload content or view the content or
   58  activity of other users.
   59  
   60  The term does not include an online service, a website, or an
   61  application where the exclusive function is e-mail or direct
   62  messaging consisting of text, photographs, pictures, images, or
   63  videos shared only between the sender and the recipients,
   64  without displaying or posting publicly or to other users not
   65  specifically identified as the recipients by the sender.
   66         (2)(a)A social media platform shall do all of the
   67  following:
   68         1.Prohibit a minor who is younger than 16 years of age
   69  from entering into a contract with a social media platform to
   70  become an account holder.
   71         2.Use reasonable age verification methods to verify the
   72  age of each account holder on the social media platform at the
   73  time a new account is created. If an account holder fails to
   74  verify his or her age, the social media platform must deny the
   75  account.
   76         3.Use a reasonable age verification method to perform age
   77  verification that ensures that the requirements of s. 501.1738
   78  are met.
   79         (b)For existing accounts, a social media platform shall do
   80  the following:
   81         1.Terminate any account that the social media platform
   82  knows or has reason to believe is held by an account holder
   83  younger than 16 years of age, including accounts that the social
   84  media platform treats or categorizes as belonging to an account
   85  holder who is likely younger than 16 years of age for purposes
   86  of targeting content or advertising, and provide a minimum of 90
   87  days for an account holder to dispute such termination by
   88  verifying his or her age.
   89         2.Allow an account holder younger than 16 years of age to
   90  request to terminate the account. Termination must be effective
   91  within 5 business days after such request.
   92         3.Allow the confirmed parent or guardian of an account
   93  holder younger than 16 years of age to request the minor’s
   94  account be terminated. Termination must be effective within 10
   95  business days after such request.
   96         4.Permanently delete all personal information held by the
   97  social media platform relating to the terminated account, unless
   98  there are legal requirements to maintain such information.
   99         (3)(a)Any violation of subsection (2) is deemed an unfair
  100  and deceptive trade practice actionable under part II of this
  101  chapter solely by the department against a social media
  102  platform. If the department has reason to believe that a social
  103  media platform is in violation of subsection (2), the
  104  department, as the enforcing authority, may bring an action
  105  against such platform for an unfair or deceptive act or
  106  practice. For the purpose of bringing an action pursuant to this
  107  section, ss. 501.211 and 501.212 do not apply. In addition to
  108  other remedies under part II of this chapter, the department may
  109  collect a civil penalty of up to $50,000 per violation.
  110         (b)A third party that performs age verification for a
  111  social media platform in violation of s. 501.1738 is deemed to
  112  have committed an unfair and deceptive trade practice actionable
  113  under part II of this chapter solely by the department against
  114  such third party. If the department has reason to believe that
  115  the third party is in violation of s. 501.1738, the department,
  116  as the enforcing authority, may bring an action against such
  117  third party for an unfair or deceptive act or practice. For the
  118  purpose of bringing an action pursuant to this section, ss.
  119  501.211 and 501.212 do not apply. In addition to other remedies
  120  under part II of this chapter, the department may collect a
  121  civil penalty of up to $50,000 per violation.
  122         (4)(a)A social media platform that violates subparagraph
  123  (2)(b)2. or subparagraph (2)(b)3. for failing to terminate an
  124  account within the required time after being notified to do so
  125  by the minor account holder or a confirmed parent or guardian is
  126  liable to such minor account holder for such access, including
  127  court costs and reasonable attorney fees as ordered by the
  128  court. Claimants may be awarded up to $10,000 in damages.
  129         (b)A civil action for a claim under this subsection must
  130  be brought within 1 year after the violation.
  131         (5)Any action brought under subsection (3) or subsection
  132  (4) may only be brought on behalf of a minor account holder.
  133         (6)For purposes of bringing an action in accordance with
  134  subsection (3) or subsection (4), a social media platform that
  135  allows a minor account holder younger than 16 years of age to
  136  create an account on such platform is considered to be both
  137  engaged in substantial and not isolated activities within this
  138  state and operating, conducting, engaging in, or carrying on a
  139  business and doing business in this state, and is therefore
  140  subject to the jurisdiction of the courts of this state.
  141         (7)If a social media platform allows an account holder to
  142  use the social media platform, the parties have entered into a
  143  contract.
  144         (8)This section does not preclude any other available
  145  remedy at law or equity.
  146         (9)The department may adopt rules to implement this
  147  section.
  148         Section 2. Section 501.1737, Florida Statutes, is created
  149  to read:
  150         501.1737Age verification for online access to materials
  151  harmful to minors.—
  152         (1)As used in this section, the term:
  153         (a)“Commercial entity” includes a corporation, a limited
  154  liability company, a partnership, a limited partnership, a sole
  155  proprietorship, and any other legally recognized entity.
  156         (b)“Department” means the Department of Legal Affairs.
  157         (c)“Distribute” means to issue, sell, give, provide,
  158  deliver, transfer, transmit, circulate, or disseminate by any
  159  means.
  160         (d)“Material harmful to minors” means any material that:
  161         1.The average person applying contemporary community
  162  standards would find, taken as a whole, appeals to the prurient
  163  interest;
  164         2.Depicts or describes, in a patently offensive way,
  165  sexual conduct as specifically defined in s. 847.001(19); and
  166         3.When taken as a whole, lacks serious literary, artistic,
  167  political, or scientific value for minors.
  168         (e)“News-gathering organization” means any of the
  169  following:
  170         1.A newspaper, news publication, or news source, printed
  171  or published online or on a mobile platform, engaged in
  172  reporting current news and matters of public interest, and an
  173  employee thereof who can provide documentation of such
  174  employment.
  175         2.A radio broadcast station, television broadcast station,
  176  cable television operator, or wire service, and an employee
  177  thereof who can provide documentation of such employment.
  178         (f)“Publish” means to communicate or make information
  179  available to another person or entity on a publicly available
  180  website or application.
  181         (g)“Reasonable age verification methods” has the same
  182  meaning as in s. 501.1738.
  183         (h)“Resident” means a person who lives in this state for
  184  more than 6 months of the year.
  185         (i)“Substantial portion” means more than 33.3 percent of
  186  total material on a website or application.
  187         (2)A commercial entity that knowingly and intentionally
  188  publishes or distributes material harmful to minors on a website
  189  or application, if the website or application contains a
  190  substantial portion of material harmful to minors, must perform
  191  reasonable age verification methods to verify the age of a
  192  person attempting to access the material is 18 years of age or
  193  older and prevent access to the material by a person younger
  194  than 18 years of age.
  195         (3)A commercial entity or third party that performs
  196  reasonable age verification methods may not retain any personal
  197  identifying information of the person seeking online access to
  198  material harmful to minors any longer than is reasonably
  199  necessary to verify the age of the person. Any personal
  200  identifying information collected for age verification may not
  201  be used for any other purpose.
  202         (4)(a)This section does not apply to any bona fide news or
  203  public interest broadcast, website video, report, or event and
  204  does not affect the rights of a news-gathering organization.
  205         (b)An Internet service provider or its affiliates or
  206  subsidiaries, a search engine, or a cloud service provider does
  207  not violate this section solely for providing access or
  208  connection to or from a website or other information or content
  209  on the Internet or a facility, system, or network not under the
  210  provider’s control, including transmission, downloading,
  211  intermediate storage, or access software, to the extent the
  212  provider is not responsible for the creation of the content of
  213  the communication which constitutes material harmful to minors.
  214         (5)(a)Any violation of subsection (2) or subsection (3) is
  215  deemed an unfair and deceptive trade practice actionable under
  216  part II of this chapter solely by the department on behalf of a
  217  resident minor against a commercial entity. If the department
  218  has reason to believe that a commercial entity is in violation
  219  of subsection (2) or subsection (3), the department, as the
  220  enforcing authority, may bring an action against the commercial
  221  entity for an unfair or deceptive act or practice. For the
  222  purpose of bringing an action pursuant to this section, ss.
  223  501.211 and 501.212 do not apply. In addition to any other
  224  remedy under part II of this chapter, the department may collect
  225  a civil penalty of up to $50,000 per violation of this section.
  226         (b)A commercial entity that violates subsection (2) for
  227  failing to prohibit or block a minor from future access to
  228  material harmful to minors after a report of unauthorized or
  229  unlawful access is liable to the minor for such access,
  230  including court costs and reasonable attorney fees as ordered by
  231  the court. Claimants may be awarded up to $10,000 in damages. A
  232  civil action for a claim under this paragraph must be brought
  233  within 1 year after the violation.
  234         (c)Any action under this subsection may only be brought on
  235  behalf of or by a resident minor.
  236         (6)For purposes of bringing an action under subsection
  237  (5), a commercial entity that publishes or distributes material
  238  harmful to minors on a website or application, if the website or
  239  application contains a substantial portion of material harmful
  240  to minors and such website or application is available to be
  241  accessed in this state, is considered to be both engaged in
  242  substantial and not isolated activities within this state and
  243  operating, conducting, engaging in, or carrying on a business
  244  and doing business in this state, and is therefore subject to
  245  the jurisdiction of the courts of this state.
  246         (7)This section does not preclude any other available
  247  remedy at law or equity.
  248         (8)The department may adopt rules to implement this
  249  section.
  250         Section 3. Section 501.1738, Florida Statutes, is created
  251  to read:
  252         501.1738Reasonable age verification.—
  253         (1)As used in this section, the term “reasonable age
  254  verification method” means a commercially reasonable method used
  255  by a government agency or a business for the purpose of age
  256  verification which is conducted by a nongovernmental,
  257  independent, third-party organized under the laws of a state of
  258  the United States which:
  259         (a)Has its principal place of business in a state of the
  260  United States; and
  261         (b)Is not owned or controlled by a company formed in a
  262  foreign country, a government of a foreign country, or any other
  263  entity formed in a foreign country.
  264         (2)A third party conducting age verification pursuant to
  265  ss. 501.1736 and 501.1737:
  266         (a)May not retain personal identifying information used to
  267  verify age once the age of an account holder or a person seeking
  268  an account has been verified.
  269         (b)May not use personal identifying information used to
  270  verify age for any other purpose.
  271         (c)Must keep anonymous any personal identifying
  272  information used to verify age. Such information may not be
  273  shared or otherwise communicated to any person.
  274         (d)Must protect personal identifying information used to
  275  verify age from unauthorized or illegal access, destruction,
  276  use, modification, or disclosure through reasonable security
  277  procedures and practices appropriate to the nature of the
  278  personal information.
  279         Section 4. If any provision of this act or its application
  280  to any person or circumstances is held invalid, the invalidity
  281  does not affect other provisions or applications of this act
  282  which can be given effect without the invalid provision or
  283  application, and to this end the provisions of this act are
  284  severable.
  285         Section 5. This act shall take effect July 1, 2024.
  286  
  287  ================= T I T L E  A M E N D M E N T ================
  288  And the title is amended as follows:
  289         Delete everything before the enacting clause
  290  and insert:
  291                        A bill to be entitled                      
  292         An act relating to online protections for minors;
  293         creating s. 501.1736, F.S.; defining terms; requiring
  294         social media platforms to prohibit certain minors from
  295         creating new accounts, to use reasonable age
  296         verification methods to verify the ages of account
  297         holders, and to terminate certain accounts and provide
  298         additional options for termination of such accounts;
  299         authorizing the Department of Legal Affairs to bring
  300         actions for violations under the Florida Deceptive and
  301         Unfair Trade Practices Act; providing penalties;
  302         providing for private causes of actions; providing
  303         that certain social media platforms are subject to the
  304         jurisdiction of state courts; providing that if a
  305         social media platform allows an account holder to use
  306         such platform, the parties have entered into a
  307         contract; providing construction; authorizing the
  308         department to adopt rules; creating s. 501.1737, F.S.;
  309         defining terms; requiring a commercial entity that
  310         publishes or distributes material harmful to minors on
  311         a website or application that contains a substantial
  312         portion of such material to perform reasonable age
  313         verification methods and prevent access to such
  314         material by minors; prohibiting the retention of
  315         certain personal identifying information; providing
  316         applicability and construction; authorizing the
  317         Department of Legal Affairs to bring an action for
  318         violations under the Florida Deceptive and Unfair
  319         Trade Practices Act; providing civil penalties;
  320         providing for private causes of action; providing that
  321         certain commercial entities are subject to the
  322         jurisdiction of state courts; providing construction;
  323         authorizing the department to adopt rules; creating s.
  324         501.1738, F.S.; defining the term “reasonable age
  325         verification method”; providing requirements for a
  326         third party conducting age verification pursuant to
  327         certain provisions; providing for severability;
  328         providing an effective date.