F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 7013 2021
1 A bill to be entitled
2 An act relating to technology transparency; creating
3 s. 106.072, F.S.; providing definitions; prohibiting a
4 social media platform from knowingly deplatforming a
5 candidate; providing fines for violations; authorizing
6 social media platforms to provide free advertising for
7 candidates under specified conditions; providing
8 enforcement mechanism; creating s. 287.137, F.S.;
9 providing definitions; providing requirements for
10 public contracts and economic incentives related to
11 entities that have been convicted or held civilly
12 liable for antitrust violations; prohibiting a public
13 entity from entering into any type contract with a
14 person or affiliate on the antitrust violator vendor
15 list; providing applicability; requiring certain
16 contract documents to contain a specified statement;
17 requiring the Department of Management Services to
18 maintain a list of people or affiliates disqualified
19 from the public contracting and purchasing process;
20 specifying requirements for publishing such list;
21 providing procedures for placing a person or affiliate
22 on the list; providing procedural and legal rights for
23 a person or affiliate to challenge placement on the
24 list; providing a procedure for placing a person
25 temporarily on an antitrust violator vendor list;
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26 providing procedural and legal rights for a person to
27 challenge temporary placement on the list; specifying
28 conditions for removing certain entities and
29 affiliates from the list; authorizing a person, under
30 specified conditions, to retain rights or obligations
31 under existing contracts or binding agreements;
32 prohibiting a person who has been placed on antitrust
33 violator vendor list from receiving certain economic
34 incentives; providing exceptions; providing
35 enforcement authority; creating s. 501.2041, F.S.;
36 providing definitions; authorizing the Department of
37 Legal Affairs to bring specified actions against
38 social media platforms for failure to comply with
39 specified requirements and prohibitions; specifying
40 requirements that must be contained when notification
41 is given by a social platform for certain purposes;
42 providing an exception to notification requirements;
43 authorizing the department to investigate suspected
44 violations under the Deceptive and Unfair Trade
45 Practices Act; specifying circumstances under which a
46 private cause of action may be brought; specifying how
47 damages are to be calculated; providing construction
48 for violations of certain provisions of this act;
49 specifying powers of the Department of Legal Affairs
50 related to investigations related to acts of shadow
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51 banning by social media platforms; granting the
52 department specified subpoena powers; providing
53 enforcement authority; amending s. 501.212, F.S.;
54 conforming a provision to changes made by the act;
55 providing a severability clause; providing an
56 effective date.
57
58 Be It Enacted by the Legislature of the State of Florida:
59
60 Section 1. Section 106.072, Florida Statutes, is created
61 to read:
62 106.072 Social media deplatforming of political
63 candidates.—
64 (1) As used in this section, the term:
65 (a) "Candidate" has the same meaning as in s.
66 106.011(3)(e).
67 (b) "Deplatform" has the same meaning as in s. 501.2041.
68 (c) "Social media platform" has the same meaning as in s.
69 501.2041.
70 (2) A social media platform may not knowingly deplatform a
71 candidate. Upon a finding of a violation of this section by the
72 Elections Commission, in addition to the remedies provided in
73 ss. 106.265 and 106.27, the social media platform may be fined
74 $100,000 per day for statewide candidates and $10,000 per day
75 for other candidates.
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76 (3) A social media platform that knowingly provides free
77 advertising for a candidate must inform the candidate of such
78 in-kind contribution. Posts, content, material, and comments by
79 candidates that are shown on the platform in the same or similar
80 way as other user's posts, content, material, and comments is
81 not considered free advertising.
82 (4) This section may only be enforced to the extent not
83 inconsistent with federal law and 47 U.S.C. s. 230(e)(3), and
84 notwithstanding any other provision of state law.
85 Section 2. Section 287.137, Florida Statutes, is created
86 to read:
87 287.137 Antitrust violations; denial or revocation of the
88 right to transact business with public entities; denial of
89 economic benefits.—
90 (1) As used in this section, the term:
91 (a) "Affiliate" means:
92 1. A predecessor or successor of a person convicted of or
93 held civilly liable for an antitrust violation; or
94 2. An entity under the control of any natural person who
95 is active in the management of the entity and who has been
96 convicted of, or held civilly liable for, an antitrust
97 violation. The term includes those officers, directors,
98 executives, partners, shareholders, employees, members, and
99 agents who are active in the management of an affiliate. The
100 ownership by one person of shares constituting a controlling
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101 interest in another person, or a pooling of equipment or income
102 among persons when not for fair market value under an arm's
103 length agreement, is a prima facie case that one person controls
104 another person. The term also includes a person who knowingly
105 enters into a joint venture with a person who has violated an
106 antitrust law during the preceding 36 months.
107 (b) "Antitrust violation" means any state or federal
108 antitrust law as determined in a civil or criminal proceeding
109 brought by the Attorney General, a state attorney, a similar
110 body or agency of another state, the Federal Trade Commission,
111 or the United States Department of Justice.
112 (c) "Antitrust violator vendor list" means the list
113 required to be kept by the department pursuant to paragraph
114 (3)(b).
115 (d) "Conviction or being held civilly liable" or
116 "convicted or held civilly liable" means a criminal finding of
117 guilt or conviction, with or without an adjudication of guilt,
118 being held civilly liable, or having a judgment levied for an
119 antitrust violation, in any federal or state trial court of
120 record relating to charges brought by indictment, information,
121 or complaint on or after July 1, 2021, as a result of a jury
122 verdict, nonjury trial, or entry of a plea of guilty or nolo
123 contendere or other order finding of liability.
124 (e) "Economic incentives" means state grants, cash grants,
125 tax exemptions, tax refunds, tax credits, state funds, and other
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126 state incentives under chapter 288 or administered by Enterprise
127 Florida, Inc.
128 (f) "Person" means a natural person or an entity organized
129 under the laws of any state or of the United States which
130 operates as a social media platform, as defined in s. 501.2041,
131 with the legal power to enter into a binding contract and which
132 bids or applies to bid on contracts let by a public entity, or
133 which otherwise transacts or applies to transact business with a
134 public entity. The term "person" includes those officers,
135 directors, executives, partners, shareholders, employees,
136 members, and agents who are active in the management of an
137 entity.
138 (g) "Public entity" means the state and any of its
139 departments or agencies.
140 (2)(a) A person or affiliate who has been placed on the
141 antitrust violator vendor list following a conviction or being
142 held civilly liable for an antitrust violation may not submit a
143 bid, proposal, or reply for any new contract to provide any
144 goods or services to a public entity; may not submit a bid,
145 proposal, or reply for a new contract with a public entity for
146 the construction or repair of a public building or public work;
147 may not submit a bid, proposal, or reply on new leases of real
148 property to a public entity; may not be awarded or perform work
149 as a contractor, supplier, subcontractor, or consultant under a
150 new contract with a public entity; and may not transact new
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151 business with a public entity.
152 (b) A public entity may not accept a bid, proposal, or
153 reply from, award a new contract to, or transact new business
154 with any person or affiliate on the antitrust violator vendor
155 list unless that person or affiliate has been removed from the
156 list pursuant to paragraph (3)(e).
157 (c) This subsection does not apply to contracts that were
158 awarded or business transactions that began before a person or
159 an affiliate was placed on the antitrust violator vendor list,
160 and in no event before July 1, 2021.
161 (3)(a) Beginning July 1, 2021, all invitations to bid,
162 requests for proposals, and invitations to negotiate, as defined
163 in s. 287.012, and any contract document described in s. 287.058
164 shall contain a statement informing persons of the provisions of
165 paragraph (2)(a).
166 (b) The department shall maintain an antitrust violator
167 vendor list of the names and addresses of the people or
168 affiliates who have been disqualified from the public
169 contracting and purchasing process under this section. The
170 department shall publish the initial antitrust violator vendor
171 list on January 1, 2022, and shall publish an updated version of
172 the list quarterly thereafter. The revised quarterly list shall
173 also be electronically posted. Notwithstanding this paragraph, a
174 person or affiliate disqualified from the public contracting and
175 purchasing process pursuant to this section is disqualified as
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176 of the date the final order is entered.
177 (c)1. Upon receiving reasonable information from any
178 source that a person was convicted or held civilly liable, the
179 department shall investigate the information and determine
180 whether good cause exists to place that person or an affiliate
181 of that person on the antitrust violator vendor list. If good
182 cause exists, the department shall notify the person or
183 affiliate in writing of its intent to place the name of that
184 person or affiliate on the antitrust violator vendor list, and
185 of the person's or affiliate's right to a hearing, the procedure
186 that must be followed, and the applicable time requirements. If
187 the person or affiliate does not request a hearing, the
188 department shall enter a final order placing the name of the
189 person or affiliate on the antitrust violator vendor list. A
190 person or affiliate may not be placed on the antitrust violator
191 vendor list without receiving an individual notice of intent
192 from the department.
193 2. Within 21 days after receipt of the notice of intent,
194 the person or affiliate may file a petition for a formal hearing
195 under ss. 120.569 and 120.57(1) to determine whether it is in
196 the public interest for the person or affiliate to be placed on
197 the antitrust violator vendor list. A person or affiliate may
198 not file a petition for an informal hearing under s. 120.57(2).
199 The procedures of chapter 120 shall apply to any formal hearing
200 under this paragraph except, within 30 days after the formal
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201 hearing or receipt of the hearing transcript, whichever is
202 later, the administrative law judge shall enter a final order
203 which shall consist of findings of fact, conclusions of law,
204 interpretation of agency rules, and any other information
205 required by law or rule to be contained in the final order. The
206 final order shall direct the department to place or not place
207 the person or affiliate on the antitrust violator vendor list.
208 The final order of the administrative law judge is final agency
209 action for purposes of s. 120.68.
210 3. In determining whether it is in the public interest to
211 place a person or affiliate on the antitrust violator vendor
212 list under this paragraph, the administrative law judge shall
213 consider the followi