Florida Senate - 2024 SB 1430



By Senator Book





35-00809-24 20241430__
1 A bill to be entitled
2 An act relating to social media protection for minors;
3 creating s. 501.174, F.S.; defining the term “social
4 media platform” or “platform”; requiring social media
5 platforms to disclose specified policies and provide
6 specified resources, measures, and disclaimers,
7 beginning on a specified date; authorizing social
8 media platforms to post specified compliance
9 statements on their Internet homepage or platform user
10 login page; prohibiting certain schools from using or
11 having an account on certain social media platforms
12 and from requiring students to register, enroll, or
13 participate in social media platforms for educational
14 purposes; providing applicability; providing an
15 effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 501.174, Florida Statutes, is created to
20 read:
21 501.174 Social media protection for minors.—
22 (1) As used in this section, the term “social media
23 platform” or “platform” means a digital platform operating in
24 the state which is predominantly accessed by platform users who
25 are under the age of 18 and which offers forms of electronic
26 communication through which such platform users are permitted to
27 create online communities to share information, ideas, personal
28 messages, and other content.
29 (2) Beginning January 1, 2025, a social media platform, on
30 its Internet homepage or platform user login page or through a
31 clearly labeled, conspicuous, and readily accessible link on
32 such homepage or login page, must:
33 (a) Disclose the following social media platform policies
34 in a manner that is clearly, concisely, prominently, and
35 understandably written using language suited to the age of users
36 who are under the age of 18 likely to routinely access the
37 platform, without unrelated, confusing, or contradictory
38 materials:
39 1. The content moderation policies the social media
40 platform uses for content on the platform.
41 2. Whether the social media platform uses or allows the use
42 of addictive design or deceptive pattern features, including
43 autoplay or infinite scroll.
44 3. Whether the social media platform allows manipulated
45 photographs or digital images to be shared on the platform.
46 4. Whether the social media platform considers the best
47 interests of platform users who are under the age of 18 when
48 designing, developing, and providing services.
49 5. The methodology the social media platform uses to
50 consider the best interests of platform users who are under the
51 age of 18 when designing, developing, and providing services.
52 6. The policies and protections the social media platform
53 uses to protect platform users who are under the age of 18
54 against harmful behaviors, such as bullying, harassment, and
55 threats of violence or self-harm.
56 7. Whether the social media platform collects or sells
57 personal information of platform users who are under the age of
58 18, including personal identifiers, biometrics, and geolocation
59 data. If such personal information is collected, the platform
60 must disclose the type of personal information collected and the
61 purpose of such collection. If such personal information is
62 sold, the platform must disclose to whom the information is
63 sold.
64 (b) Provide clear access to the following:
65 1. Zip code-based references to local resources for law
66 enforcement, suicide prevention, and domestic violence
67 prevention services.
68 2. Protective measures, such as screen time limitations,
69 data usage limitations, content filters, and other parental
70 settings.
71 3. Reporting mechanisms related to harmful behaviors, such
72 as bullying, harassment, and threats of violence or self-harm.
73 (3) At the time of log in, and before obtaining access to
74 the platform, a social media platform must require platform
75 users who are under the age of 18 to read and accept a
76 disclaimer which must be in substantially the following form:
77
78 This application may be harmful to your mental health
79 and may use design features that have addictive
80 qualities or present unverified information or that
81 may be manipulated by ...insert platform name... or
82 others for your viewing. This application may also
83 collect your personal data to further manipulate your
84 viewable content and may share your personal data with
85 others.
86
87 (4) A social media platform that complies with subsections
88 (2) and (3) may post a statement confirming such compliance on
89 its Internet homepage or platform user login page.
90 (5) A public K-12 school may not:
91 (a) Use or have an account on a social media platform that
92 does not have a statement pursuant to subsection (4) on its
93 Internet homepage or platform user login page.
94 (b) Require students, regardless of age, to register,
95 enroll, or participate in a social media platform as a means to
96 access information, materials, or resources related to school
97 sponsored educational activities. This paragraph does not apply
98 to portal, e-mail, and message board accounts used for official
99 business with the school or to classroom information, materials,
100 or resources viewed in a classroom on one screen controlled by
101 instructional or administrative personnel of the school.
102 Section 2. This act shall take effect July 1, 2024.