Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS/HB 1, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  02/16/2024           .                                

       The Committee on Fiscal Policy (Hutson) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 501.1736, Florida Statutes, is created
    6  to read:
    7         501.1736Social media use for minors.—
    8         (1)As used in this section, the term:
    9         (a)“Account holder” means a resident who opens an account
   10  or creates a profile or is permitted to use or is identified by
   11  any other form of identification while using or accessing a
   12  social media platform when the social media platform knows or
   13  has reason to believe the resident is located in this state.
   14         (b)“Addictive features” means features that are designed
   15  to cause an account holder to have an excessive or compulsive
   16  need to use or engage with the social media platform.
   17         (c)“Daily active users” means the unique users in the
   18  United States who used the social media platform at least 80
   19  percent of the days during the previous calendar year, or if the
   20  social media platform did not exist during the previous calendar
   21  year, the number of unique users in the United States who used
   22  the social media platform at least 80 percent of the days during
   23  the previous month.
   24         (d)“Department” means the Department of Legal Affairs.
   25         (e)“Reasonable age verification method” means a
   26  commercially reasonable method used by a government agency or a
   27  business for the purpose of age verification which is conducted
   28  by a nongovernmental, independent, third party organized under
   29  the laws of a state of the United States which:
   30         1.Has its principal place of business in a state of the
   31  United States; and
   32         2.Is not owned or controlled by a company formed in a
   33  foreign country, a government of a foreign country, or any other
   34  entity formed in a foreign country.
   35         (f)“Resident” means a person who lives in this state for
   36  more than 6 months of the year.
   37         (g)“Social media platform” means an online forum, a
   38  website, or an application offered by an entity which does all
   39  of the following:
   40         1.Uses algorithms that analyze user data or information on
   41  users whom the online forum, website, or application knows or
   42  has reason to believe are younger than 16 years of age to:
   43         a.Select content for users; or
   44         b.Target advertising toward users.
   45         2.Has one or more of the following addictive features:
   46         a.Infinite scrolling with continuous loading content, or
   47  content that loads as the user scrolls down the page without the
   48  need to open a separate page; or seamless content, or the use of
   49  pages with no visible or apparent breaks.
   50         b.Push notifications or alerts sent by the online forum,
   51  website, or application to inform a user about specific
   52  activities or events related to the user’s account.
   53         c.Display personal interactive metrics that indicate the
   54  number of times other users have clicked a button to indicate
   55  reaction to content or have shared or reposted the content.
   56         d.Auto-play video or video that begins to play without the
   57  user first clicking on the video or on a play button for that
   58  video.
   59         e.Live-streaming or a function that allows a user or
   60  advertiser to broadcast live video content in real-time.
   61         3.Has 10 percent or more of daily active users younger
   62  than 16 years of age spending, on average, 2 hours per day on
   63  the online forum, website, or application.
   64         4.Allows a user to upload content or view the content or
   65  activity of other users.
   67  The term does not include an online service, a website, or an
   68  application where the exclusive function is e-mail or direct
   69  messaging consisting of text, photographs, pictures, images, or
   70  videos shared only between the sender and the recipients,
   71  without displaying or posting publicly or to other users not
   72  specifically identified as the recipients by the sender.
   73         (2)(a)A social media platform shall do all of the
   74  following:
   75         1.Prohibit a minor who is younger than 16 years of age
   76  from entering into a contract with a social media platform to
   77  become an account holder.
   78         2.Use reasonable age verification methods to verify the
   79  age of each account holder on the social media platform at the
   80  time a new account is created. If an account holder fails to
   81  verify his or her age, the social media platform must deny the
   82  account.
   83         3.Use a reasonable age verification method to perform age
   84  verification that ensures that the requirements of subsection
   85  (3) are met.
   86         (b)For existing accounts, a social media platform shall do
   87  the following:
   88         1.Terminate any account that the social media platform
   89  knows or has reason to believe is held by an account holder
   90  younger than 16 years of age, including accounts that the social
   91  media platform treats or categorizes as belonging to an account
   92  holder who is likely younger than 16 years of age for purposes
   93  of targeting content or advertising, and provide a minimum of 90
   94  days for an account holder to dispute such termination by
   95  verifying his or her age.
   96         2.Allow an account holder younger than 16 years of age to
   97  request to terminate the account. Termination must be effective
   98  within 5 business days after such request.
   99         3.Allow the confirmed parent or guardian of an account
  100  holder younger than 16 years of age to request the minor’s
  101  account be terminated. Termination must be effective within 10
  102  business days after such request.
  103         4.Permanently delete all personal information held by the
  104  social media platform relating to the terminated account, unless
  105  there are legal requirements to maintain such information.
  106         (3)A third party conducting age verification:
  107         (a)May not retain personal identifying information used to
  108  verify age once the age of an account holder or a person seeking
  109  an account has been verified.
  110         (b)May not use personal identifying information used to
  111  verify age for any other purpose.
  112         (c)Must keep anonymous any personal identifying
  113  information used to verify age. Such information may not be
  114  shared or otherwise communicated to any person.
  115         (d)Must protect personal identifying information used to
  116  verify age from unauthorized or illegal access, destruction,
  117  use, modification, or disclosure through reasonable security
  118  procedures and practices appropriate to the nature of the
  119  personal information.
  120         (4)(a)Any violation of subsection (2) is deemed an unfair
  121  and deceptive trade practice actionable under part II of this
  122  chapter solely by the department against a social media
  123  platform. If the department has reason to believe that a social
  124  media platform is in violation of subsection (2), the
  125  department, as the enforcing authority, may bring an action
  126  against such platform for an unfair or deceptive act or
  127  practice. For the purpose of bringing an action pursuant to this
  128  section, ss. 501.211 and 501.212 do not apply. In addition to
  129  other remedies under part II of this chapter, the department may
  130  collect a civil penalty of up to $50,000 per violation.
  131         (b)A third party that performs age verification for a
  132  social media platform in violation of subsection (3) is deemed
  133  to have committed an unfair and deceptive trade practice
  134  actionable under part II of this chapter solely by the
  135  department against such third party. If the department has
  136  reason to believe that the third party is in violation of
  137  subsection (3), the department, as the enforcing authority, may
  138  bring an action against such third party for an unfair or
  139  deceptive act or practice. For the purpose of bringing an action
  140  pursuant to this section, ss. 501.211 and 501.212 do not apply.
  141  In addition to other remedies under part II of this chapter, the
  142  department may collect a civil penalty of up to $50,000 per
  143  violation.
  144         (5)(a)A social media platform that violates subparagraph
  145  (2)(b)2. or subparagraph (2)(b)3. for failing to terminate an
  146  account within the required time after being notified to do so
  147  by the minor account holder or a confirmed parent or guardian is
  148  liable to such minor account holder for such access, including
  149  court costs and reasonable attorney fees as ordered by the
  150  court. Claimants may be awarded up to $10,000 in damages.
  151         (b)A civil action for a claim under this subsection must
  152  be brought within 1 year after the violation.
  153         (6)Any action brought under subsection (4) or subsection
  154  (5) may only be brought on behalf of a minor account holder.
  155         (7)For purposes of bringing an action in accordance with
  156  subsection (4) or subsection (5), a social media platform that
  157  allows a minor account holder younger than 16 years of age to
  158  create an account on such platform is considered to be both
  159  engaged in substantial and not isolated activities within this
  160  state and operating, conducting, engaging in, or carrying on a
  161  business and doing business in this state, and is therefore
  162  subject to the jurisdiction of the courts of this state.
  163         (8)If a social media platform allows an account holder to
  164  use the social media platform, the parties have entered into a
  165  contract.
  166         (9)This section does not preclude any other available
  167  remedy at law or equity.
  168         (10)The department may adopt rules to implement this
  169  section.
  170         Section 2. If any provision of this act or its application
  171  to any person or circumstances is held invalid, the invalidity
  172  does not affect other provisions or applications of this act
  173  which can be given effect without the invalid provision or
  174  application, and to this end the provisions of this act are
  175  severable.
  176         Section 3. This act shall take effect July 1, 2024.
  178  ================= T I T L E  A M E N D M E N T ================
  179  And the title is amended as follows:
  180         Delete everything before the enacting clause
  181  and insert:
  182                        A bill to be entitled                      
  183         An act relating to online protections for minors;
  184         creating s. 501.1736, F.S.; defining terms; requiring
  185         social media platforms to prohibit certain minors from
  186         creating new accounts, to use reasonable age
  187         verification methods to verify the ages of account
  188         holders, and to terminate certain accounts and provide
  189         additional options for termination of such accounts;
  190         providing requirements for a third party conducting
  191         age verification; authorizing the Department of Legal
  192         Affairs to bring actions for violations under the
  193         Florida Deceptive and Unfair Trade Practices Act;
  194         providing penalties; providing for private causes of
  195         action; providing that certain social media platforms
  196         are subject to the jurisdiction of state courts;
  197         providing that if a social media platform allows an
  198         account holder to use such platform, the parties have
  199         entered into a contract; providing construction;
  200         authorizing the department to adopt rules; providing
  201         for severability; providing an effective date.