HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 379 Technology in K-12 Public Schools
SPONSOR(S): Choice & Innovation Subcommittee, Yeager and others
TIED BILLS: None IDEN./SIM. BILLS: SB 52
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Choice & Innovation Subcommittee 17 Y, 0 N, As CS McDaniel Sleap
2) Education & Employment Committee 19 Y, 0 N McDaniel Hassell
SUMMARY ANALYSIS
The bill prescribes specific measures a district school board must undertake to protect instructional time and
protect students while using district owned devices and networks.
The bill requires a district school board to prohibit any device used by a student from accessing a website,
application, or software that does not have an Internet safety policy. The safety policy must address access by
minors to inappropriate content and restricting access to such content, safety and security of minors using
district electronic communications, unauthorized access by minors to data or information, and unauthorized
disclosure, use, or dissemination of a minors’ personal information.
District school boards must implement Internet website filtering to prevent a student’s device from connecting
to social media sites using district-owned computer servers, and prohibits TikTok on district-owned devices or
as a platform used to communicate or promote any school, school-sponsored club, extracurricular
organization, or athletic team.
Students in grades 6 through 12 must receive instruction on the social, emotional, and physical effects of social
media. The instruction must include information on the negative effects of social media on mental health,
including addiction; the distribution of misinformation; how social media manipulates behavior; the permanency
of material shared online; how to maintain personal security and identify cyberbullying, predatory behavior, and
human trafficking; and how to report suspicious behavior online. The Department of Education must make the
instructional materials used to provide this instruction available online and a district school board must notify
parents of the material’s availability.
To ensure instructional time free from distraction, district school boards must adopt rules prohibiting the use of
wireless communications devices during instructional time and may authorize a teacher to withhold a student’s
device.
To align with the provisions made under the bill, the authority of a teacher to establish classroom rules of
conduct is expanded to include the authority to designate an area for wireless communications devices during
instructional time.
The bill has an indeterminate fiscal impact. See Fiscal Comments.
The bill has an effective date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0379b.EEC
DATE: 3/14/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Social Media
In 2023, 86 percent of the global population will own a smartphone, equating to 6.92 billion smartphone
users worldwide.1 The United States (U.S.) has the highest smartphone penetration market with 81.6
percent of its population, or 270 million people, owning a smartphone. 2 According to Common Sense
Media, by the age of 12, 69 percent of kids own a smartphone.3
Screen media is defined as television viewing, computer or electronic game playing, or use of portable
screen-based devices, i.e. cell phones.4 On average, tweens, or 8- to 12-year-olds, use five and a half
hours of screen media per day, while teens, or 13- to 18-year-olds, use eight and a half hours.5
The top screen media activities are the following:
watching video content, including TV shows and online videos;
gaming on consoles, portable players, computers or mobile devices;
social media; and
browsing websites.6
Teens have indicated a preference for YouTube7 over other social media platforms such as Facebook,
Instagram, and TikTok, and the platform is used by 95 percent of teens. TikTok has risen in popularity
since its debut and is now a top social media platform for teens, with 67 percent reporting using the
platform.
The increased time spent on devices by tweens and teens has given rise to cyberbullying. 8 The most
common places where cyberbullying occurs are:
social media such as Facebook, Instagram, Snapchat, and TikTok;
text messaging and messaging apps;
instant messaging, direct messaging, and online chatting over the Internet;
online forums, chat rooms, and message boards;
email; and
online gaming communities.9
1 Bankmycell, How many smartphones are in the world?, https://www.bankmycell.com/blog/how-many-phones-are-in-the-world (last
visited Feb. 21, 2023).
2 Id.
3 Common Sense, The Common Sense Census: Media Use by Tweens and Teens, 2019, at 5, available at
https://www.commonsensemedia.org/sites/default/files/research/report/2019-census-8-to-18-full-report-updated.pdf.
4 National Library of Medicine, Childhood Obesity, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3746292/ (last visited Feb. 21,
2023).
5 Common Sense, The Common Sense Census: Media Use by Tweens and Teens, 2021, at 3, available at
https://www.commonsensemedia.org/sites/default/files/research/report/8-18-census-integrated-report-final-web_0.pdf. These findings
on total amount of screen media used do not mean that kids exclusively devote this time each day to screen media for two reas ons.
First, they spend some proportion of time using multiple screens at once (e.g., scrolling social media while watching television).
Second, they often watch or use screen media while they are doing other things, like riding in a car or eating breakfast. Id.
6 Id. at 23.
7 The Pew Research Center, Teens, Social Media and Technology 2022, https://www.pewresearch.org/Internet/2022/08/10/teens-
social-media-and-technology-2022/ (last visited Feb. 21, 2023).
8 Security.org, Cyberbullying: Twenty Crucial Statistics for 2023, https://www.security.org/resources/cyberbullying-facts-statistics/
(last visited Feb. 21, 2023).
9 Stop Bullying, What is Cyberbullying, https://www.stopbullying.gov/cyberbullying/what-is-it (last visited Feb. 21, 2023).
STORAGE NAME: h0379b.EEC PAGE: 2
DATE: 3/14/2023
YouTube is the most likely social network for cyberbullying, with 79 percent, followed by Snapchat (69
percent), TikTok (64 percent), and Facebook (49 percent).10
Not only has the rise in social media use shown an increase in cyberbullying, but impacts on mental
health are also reported. In comparison to 2012, twice as many teens and tweens felt lonely in 2018,
with girls reporting higher levels of loneliness than boys. Eighth graders who are heavy users of social
media have a 27 percent higher risk of depression than kids who exceed the average time playing
sports or hanging out with friends.11 An observational study among adolescents showed that spending
more than a few hours per week using screen media correlated negatively with self-reported happiness,
life satisfaction and self-esteem, whereas time spent on non-screen activities correlated positively with
psychological well-being.12
The Center for Disease Control (CDC) found the suicide rate for children ages 10 to 14 doubled from
2007 to 2014, at the same time social media usage surged. 13 Teens’ use of electronic devices for at
least five hours daily more than doubled, from 8 percent in 2009 to 19 percent in 2015. These teens
were 70 percent more likely to have suicidal thoughts or actions than those who reported one hour of
daily use.14 The CDC Teen Mental Health Report showed teen girls in the U.S. are experiencing
increased sadness and violence. A reported 30 percent seriously considered attempting suicide, up
from nearly 60 percent from a decade ago.15
The use of social media may also pose a data security risk. Studies on social media and potential data
security risks found YouTube and TikTok track users’ personal data more than any other social media
applications.16 Google-owned company YouTube collects personal data to serve the consumer relevant
ads. According to the study, TikTok permits third-party trackers to collect user personal data.17 TikTok’s
data collection methods include the ability to collect user contact lists, access calendars, scan hard
drives including external ones, and geolocate devices on an hourly basis. 18 In 2020, the U.S.
government opened a national security review of the acquisition of TikTok by a Chinese company. The
Federal Trade Commission fined TikTok $5.7 million for violating the Children’s Online Privacy
Protection Act.19
10 Id.
11 Away for the Day, Results of Screenagers’ Survey of Cell Phone Policies and Pa rental Preferences in Middle Schools,
https://www.awayfortheday.org/research (last visited Feb. 21, 2023).
12 National Library of Medicine, Smartphones, social media use and youth mental health ,
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7012622/ (last visited Feb. 21, 2023).
13 Nicholas Kardaras, PhD., The Adverse Psychological and Pedagogical Impact of Screens on Students, presentation before the
Education & Employment Committee (Feb. 16, 2023), at 8, available at
https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3240&Session=20
23&DocumentType=Meeting+Packets&FileName=eec+2-16-23.pdf.
14 Id.
15 Id.
16 Tom Huddleston, Jr., TikTok shares your data more than any other social media app – and it’s unclear where it goes, study says,
https://www.cnbc.com/2022/02/08/tiktok-shares-your-data-more-than-any-other-social-media-app-study.html (last visited Feb. 21,
2023).
17 Id.
18 The Guardian, TikTok has been accused of ‘aggressive’ data harvesting. Is your information at risk?,
https://www.theguardian.com/technology/2022/jul/19/tiktok-has-been-accused-of-aggressive-data-harvesting-is-your-information-at-
risk (last visited Feb. 21, 2023).
19 Federal Trade Commission, Video Social Networking App Musical.ly Agrees to Settle FTC Allegations That it Violated Children’s
Privacy Law, https://www.ftc.gov/news -events/news/press-releases/2019/02/video-social-networking-app-musically-agrees-settle-ftc-
allegations-it-violated-childrens-privacy (last visited Feb. 23, 2023). The Children’s Online Privacy Protection Act prohibits unfair or
deceptive acts or practices in connection with the collection, use, and/or disclosure of personal information from and about children on
the Internet. See also 15 U.S.C. § 312.
STORAGE NAME: h0379b.EEC PAGE: 3
DATE: 3/14/2023
Cell Phones
Research indicates that removing cell phones from classrooms is likely to reduce students' inclination
to check their devices, play games, text, and surf the Internet, thereby enhancing their ability to
concentrate and enhancing their academic performance as a result of greater material intake and
retention.20
Following a ban on cell phones, researchers found that student standardized test scores increased by
around 6 percent on average and by more than 14 percent for low-performing kids, according to
research examining the impact of cell phones on students' academic performance. 21 The results
suggest that low-achieving students are more likely to be distracted by the presence of mobile phones,
while high achievers can focus in the classroom, regardless of whether phones are present.22
Most U.S. school districts have policies or practices to limit phone use during the day, especially in
class, however policies vary by state, district and school. 23 In the U.S., 85 percent of schools do not
restrict phones during lunch or recess periods. Sixteen percent of middle schools and 25 percent of
high schools do not restrict phone use in classrooms. 24 As of 2020, nearly 77 percent of schools
prohibited non-academic use of cell phones or smartphones during school hours. 25
Under Florida law, as a part of a district school board’s responsibility for control of students, a board
must adopt rules for the control, attendance, discipline, in-school suspension, suspension, and
expulsion of students and decide all cases recommended for expulsion and maintain a code of student
conduct.26 The law provides that a student may possess a wireless communications device while on
school property or in attendance at a school function, 27 however, a district school board has the
authority to adopt rules governing the use of the device by a student while on school property or in
attendance at a school function within the district’s code of student conduct. 28
Children’s Online Privacy Protection Act
The Children’s Internet Protection Act (CIPA) was enacted by Congress in 2000 to address concerns
about children’s access to obscene or harmful content over the Internet.29 CIPA imposes certain
requirements on schools and libraries that receive discounts for Internet access or internal connections
through an E-rate program.30 Schools and libraries subject to CIPA may not receive the discounts
offered by the E-rate program unless they certify that they have an Internet safety policy that includes
20 See Smale et al., Cell Phones, Student Rights, and School Safety: Finding the Right Balance, 195 CANADIAN JOURNAL OF
EDUCAT IONAL A DMINIST RATION AND POLICY 49, 50 (2021).
21 See Beland & Murphy, Ill Communication: Technology, distraction & student performance, 41 LABOUR ECONOMICS 61, 62 (2016).
22 Nicholas Kardaras, PhD., The Adverse Psychological and Pedagogical Impact of Screens on Students, presentation before the
Education & Employment Committee (Feb. 16, 2023), at 28, available at
https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3240&Session=20
23&DocumentType=Meeting+Packets&FileName=eec+2-16-23.pdf.
23 The Center Square, Cell phone bans in public schools are trending nationwide, https://www.thecentersquare.com/national/cell-
phone-bans-in-public-schools-are-trending-nationwide/article_6cd34ae0-5492-11ed-998b-eb633c856964.html (last visited Feb. 21,
2023).
24 Away for the Day, Studies on the impact of cell phones on academics, at 3, available at
https://static1.squarespace.com/static/5a69fe629f8dce3218418fe2/t/6316562074c45411df2ba035/1662408224236/ACA DEMIC+IMP
ACT.pdf.
25 The Center Square, Cell phone bans in public schools are trending nationwide, https://www.thecentersquare.com/national/cell-
phone-bans-in-public-schools-are-trending-nationwide/article_6cd34ae0-5492-11ed-998b-eb633c856964.html (last visited Feb. 21,
2023).
26 Section 1003.02(1)(c), F.S. see also s. 1006.07, F.S.
27 Section 1006.07(2)(f), F.S.
28 Id.
29 Federal Communications Commission, Children’s Internet Protection Act (CIPA),
https://www.fcc.gov/consumers/guides/childrens -Internet-protection-act (last visited Feb. 21, 2023).
30 Id. An E-rate program is a program that makes certain communications services and products more affordable for eligible schools
and libraries. Id.
STORAGE NAME: h0379b.EEC PAGE: 4
DATE: 3/14/2023
technology protection measures. The protection measures must block or filter Internet access to
pictures that are obscene, child pornography, or harmful to minors on computers accessed by minors.31
Schools and libraries subject to CIPA are required to adopt and implement an Internet safety policy
addressing:
access by minors to inappropriate matter on the Internet;
the safety and security of minors when using electronic mail, chat rooms, and other forms of
direct electronic communications;
unauthorized access, including ‘hacking’, and other unlawful activities by minors online;
unauthorized disclosure, use, and dissemination of personal information regarding minors; and
measures restricting minors’ access to materials harmful to them. 32
District School Board Operations
District school boards are constitutionally and statutorily charged with the operation and control of
public K-12 education within their school districts. A district school board must establish, organize, and
operate their public K-12 schools and educational programs, employees and facilities.33 Their
responsibilities include staff development, public K-12 school student education including education for
exceptional students and students in juvenile justice programs, special programs, adult education
programs, and career education programs.34 A district school board is responsible for providing for the
proper accounting for all students of school age, for the attendance and control of students at school,
and for proper attention to health, safety, and other matters relating to the welfare of students, in the
following areas:
admission, classification, promotion, and graduation of students;
enforcement of attendance laws;
control of students;
courses of study and instructional materials;
transportation;
facilities and school plant;
school operation;
records and reports;
parental notification