Florida Senate - 2024                                     SB 454
       
       
        
       By Senator Garcia
       
       
       
       
       
       36-00574-24                                            2024454__
    1                        A bill to be entitled                      
    2         An act relating to the protection of minors on social
    3         media platforms; creating s. 501.174, F.S.; defining
    4         the terms “account holder” and “social media
    5         platform”; requiring social media platforms to develop
    6         and implement a content moderation strategy to prevent
    7         a minor from being exposed to certain materials on the
    8         social media platform; providing requirements for the
    9         moderation strategy; requiring social media platforms
   10         to verify the ages of users creating accounts on the
   11         platforms; requiring certain features and content to
   12         be restricted from minors; requiring social media
   13         platforms to provide parents or legal guardians with
   14         parental control settings that place controls on a
   15         minor child’s account; requiring algorithms and a
   16         real-time monitoring system that meet certain
   17         requirements; requiring social media platforms to
   18         report certain activity to the appropriate local
   19         authorities or child protection agencies; requiring
   20         social media platforms to collaborate with certain
   21         entities and experts to ensure compliance with privacy
   22         laws and regulations; requiring safety alerts and
   23         notifications to account holders; requiring regular
   24         audits and assessments of the monitoring and reporting
   25         measures; providing penalties under the Florida
   26         Deceptive and Unfair Trade Practices Act; providing an
   27         effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 501.174, Florida Statutes, is created to
   32  read:
   33         501.174 Social media platform content moderation; penalty.—
   34         (1)DEFINITIONS.—As used in this section, the term:
   35         (a)“Account holder” means a resident of this state who has
   36  or opens an account or creates a profile in order to use or
   37  access a social media platform.
   38         (b)“Social media platform” has the same meaning as in s.
   39  112.23.
   40         (2)DATA COLLECTION AND ANALYSIS.—A social media platform
   41  shall develop and implement a content moderation strategy to
   42  prevent an account holder who is a minor from being exposed to
   43  content that promotes, glorifies, or facilitates grooming,
   44  solicitation, child pornography, or other sexual exploitation or
   45  abuse.
   46         (a)The content moderation strategy developed must include,
   47  at a minimum, all of the following:
   48         1.The use of natural language processing techniques that
   49  analyze text content for patterns associated with grooming,
   50  solicitation, or sexually explicit language involving minors.
   51         2.The use of computer vision techniques that analyze
   52  images shared on social media platforms to identify sexually
   53  explicit or inappropriate images involving minors.
   54         (b)The data and information collected pursuant to this
   55  subsection must be compiled in a standardized format for
   56  analysis.
   57         (3)AGE VERIFICATION AND AGE-RESTRICTED CONTENT.—A social
   58  media platform shall:
   59         (a)Verify the age of users who attempt to create an
   60  account with the social media platform.
   61         (b)Identify features and content that are inappropriate
   62  for an account holder who is a minor to access and that use geo
   63  fencing to restrict the minor’s access to such content or
   64  features.
   65         (4)PARENTAL CONTROLS.—A social media platform shall
   66  provide parental control settings that include geo-fencing
   67  features, allowing parents or legal guardians to set boundaries
   68  on their minor child’s social media usage based on location and
   69  time restrictions.
   70         (5)REAL-TIME MONITORING AND REPORTING.—A social media
   71  platform shall:
   72         (a)Develop and use:
   73         1.Algorithms that detect suspicious patterns and flag
   74  potentially inappropriate activity, including adult interactions
   75  with minors, private messaging frequency, and attempts to
   76  establish inappropriate relationships with minors.
   77         2.A real-time monitoring system that continuously analyzes
   78  social media content and identifies potentially inappropriate
   79  activity involving minors, including an automated reporting
   80  mechanism that promptly reports identified instances to the
   81  appropriate authorities.
   82         (b)Prioritize and handle reports of inappropriate activity
   83  involving minors by directing reports to the appropriate local
   84  authorities or child protection agencies based on the user’s
   85  location.
   86         (c)Collaborate with law enforcement agencies, child
   87  protection agencies, and legal experts to ensure compliance with
   88  privacy laws and regulations.
   89         (d)Send safety alerts and notifications to an account
   90  holder in a specific geographic area that has an increased risk
   91  of child exploitation or grooming.
   92         (e)Conduct regular audits and assessments to evaluate the
   93  effectiveness of the implemented monitoring and reporting
   94  measures and make necessary improvements.
   95         (6)PENALTY.—A social media platform that fails to comply
   96  with this section commits a deceptive and unfair trade practice
   97  under part II of this chapter and is subject to the penalties
   98  and remedies provided in that part.
   99         Section 2. This act shall take effect July 1, 2024.