Florida 2024 Regular Session Status: In Committee 2 R cosponsors

SB 1788 — Social Media Use for Minors

Last action — Died in Fiscal Policy, companion bill(s) passed, see CS/CS/HB 3 (Ch. 2024-42)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Social Media Use for Minors; Requiring social media platforms to prohibit certain minors from creating new accounts, to terminate certain accounts and provide additional options for termination of such accounts, and to use reasonable age verification methods to verify the ages of account holders; authorizing the Department of Legal Affairs to bring actions for violations under the Florida Deceptive and Unfair Trade Practices Act, etc.

Bill Text

What changed in the latest version

208 added · 253 removed

Plain-language change summary

The revised version of Bill SB 1788 introduces a few key changes related to the regulation of social media use by minors. It clarifies that social media platforms must not only verify the ages of account holders but also explicitly terminate certain accounts and provide more options for account termination. Additionally, it emphasizes that allowing an account holder to use the platform constitutes a contract between the parties. This matters because these updates strengthen the accountability of social media companies in protecting minors, ensuring they have clearer guidelines and more resources to enforce age-verification and account management.

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Florida Senate - 2024 SB 1788 By Senator Grall 29-01310B-24 20241788__ A bill to be entitled An act relating to age verification for social media platform accounts;
Florida Senate - 2024 CS for SB 1788 By the Committee on Judiciary;
and Senators Grall and Garcia 590-02928-24 20241788c1 A bill to be entitled An act relating to social media use for minors;
defining terms;
providing definitions;
requiring social media platforms to prohibit certain minors from creating new accounts, use reasonable age-verification methods to verify the ages of account holders, to terminate certain accounts and provide additional options for termination of such accounts, and to disclose specified policies and provide specified resources, measures, and disclaimers;
requiring social media platforms to prohibit certain minors from creating new accounts, to terminate certain accounts and provide additional options for termination of such accounts, and to use reasonable age verification methods to verify the ages of account holders;
providing that if a social media platform allows an account holder to use such platform, the parties have entered into a contract;
501.1736 Age verification for social media platform accounts.— (1) As used in this section, the term:
501.1736 Social media use for minors.— (1) As used in this section, the term:
(a) “Account holder” means a resident of this state who has or opens an account or creates a profile or other form of identification to use or access a social media platform.
(a) “Account holder” means a resident of this state who opens an account or creates a profile or is permitted to use any other form of identification to use or access a social media Page 1 of 7 CODING:
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Florida Senate - 2024 SB 1788 29-01310B-24 20241788__ (b) “Department” means the Department of Legal Affairs.
Florida Senate - 2024 CS for SB 1788 590-02928-24 20241788c1 platform.
(c) “Reasonable age-verification method” means any commercially reasonable method regularly used by government agencies or businesses for the purpose of age and identity verification.
(b) “Department” means the Department of Legal Affairs.
(d) “Social media platform”:
(c) “Reasonable age verification method” means any commercially reasonable method regularly used by government agencies or businesses for the purpose of age and identity verification.
1.
(d) “Social media platform:” 1.
Means an online forum offered by an entity which has the ability to track the activity of an account holder or user, if such online forum allows an account holder or user to do all of the following:
Means an online forum, website, or application offered by an entity that does all of the following:
Create or use a profile, account, or other form of identification.
Allows the social media platform to track the activity of the account holder.
Upload content or view the content or activity of other account holders.
Allows an account holder to upload content or view the content or activity of other account holders.
Interact with or track other account holders or users.
Allows an account holder to interact with or track other account holders.
d.
Utilizes addictive, harmful, or deceptive design features, or any other feature that is designed to cause an account holder to have an excessive or compulsive need to use or engage with the social media platform.
e.
Allows the utilization of information derived from the social media platform’s tracking of the activity of an account holder to control or target at least part of the content offered to the account holder.
E-mail.
Electronic mail.
Direct messaging consisting of text, photos, or videos that are sent between devices by electronic means where messages are shared between the sender and the recipient only, visible to the sender and the recipient, and are not posted publicly.
Direct messaging consisting of text, photos, or videos that are sent between devices by electronic means where messages are shared between the sender and the recipient only, visible to Page 2 of 7 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 1788 590-02928-24 20241788c1 the sender and the recipient, and are not posted publicly.
News, sports, entertainment, or other content that is preselected by the provider and not user generated, and any chat, comment, or interactive functionality that is provided Page 2 of 8 CODING:
News, sports, entertainment, or other content that is preselected by the provider and not user generated, and any chat, comment, or interactive functionality that is provided incidental to, directly related to, or dependent upon provision of the content.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 SB 1788 29-01310B-24 20241788__ incidental to, directly related to, or dependent upon provision of the content.
Interactive gaming, virtual gaming, or an online service that allows the creation and uploading of content for the purpose of interactive gaming, edutainment, or associated entertainment, and the communication related to that content.
Interactive gaming, virtual gaming, or an online service, that allows the creation and uploading of content for the purpose of interactive gaming, edutainment, or associated entertainment, and the communication related to that content.
Single-purpose community groups for public safety if the interaction with other users or account holders is generally limited to that single purpose and the community group has guidelines or policies against illegal content.
Single-purpose community groups for public safety if the interaction with other users or account holders is generally limited to that single purpose and the community group has Page 3 of 7 CODING:
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words underlined are additions.
Florida Senate - 2024 CS for SB 1788 590-02928-24 20241788c1 guidelines or policies against illegal content.
Business-to-business software.
Business to business software.
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m.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 SB 1788 29-01310B-24 20241788__ m.
and (III) A subject or skill-specific program.
and Page 4 of 7 CODING:
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(2) A social media platform shall do all of the following:
(a) Prohibit a minor who is under 16 years of age from creating a new account on the social media platform.
(b) Use reasonable age-verification methods to verify the age of each account holder on the social media platform at the time a new account is created.
1.
If an account holder fails to verify his or her age, the Page 4 of 8 CODING:
Florida Senate - 2024 SB 1788 29-01310B-24 20241788__ social media platform must deny the account.
Florida Senate - 2024 CS for SB 1788 590-02928-24 20241788c1 (III) A subject or skill-specific program.
The reasonable age- verification method must be conducted by an independent, third party not affiliated with the social media platform.
(2) A social media platform shall do all of the following:
(a) Prohibit a minor who is younger than 16 years of age from entering into a contract with a social media platform to become an account holder.
(b)1.
Use reasonable age verification methods to verify the age of each account holder on the social media platform at the time a new account is created.
If an account holder fails to verify his or her age, the social media platform must deny the account.
The reasonable age verification method must be conducted by a nongovernmental, independent third party that is not affiliated with the social media platform and is organized under the laws of a state of the United States and has its principal place of business in a state of the United States.
Terminate any account that is reasonably known by the social media platform to be held by a minor under 16 years of age, and provide a minimum of 90 days for an account holder to dispute such termination by verifying his or her age.
Terminate any account that is reasonably known by the social media platform to be held by a minor younger than 16 years of age and provide a minimum of 90 days for an account holder to dispute such termination by verifying his or her age.
Allow an existing account holder under 16 years of age to request to terminate the account.
Allow an account holder younger than 16 years of age to request to terminate the account.
Allow the confirmed parent or guardian of an existing account holder under 16 years of age to request the minor’s account be terminated.
Allow the confirmed parent or guardian of an account holder younger than 16 years of age to request the minor’s Page 5 of 7 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 1788 590-02928-24 20241788c1 account be terminated.
(d) If the social media platform allows minors under 18 years of age to create an account on the platform, the platform must, on its Internet homepage or platform user login page or through a clearly labeled, conspicuous, and readily accessible link on such homepage or login page:
1.
Disclose the following social media platform policies in Page 5 of 8 CODING:
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words underlined are additions.
Florida Senate - 2024 SB 1788 29-01310B-24 20241788__ a manner that is clearly, concisely, prominently, and understandably written using language suited to the age of users who are under 18 years of age likely to routinely access the platform without unrelated, confusing, or contradictory materials:
a.
The content moderation policies the social media platform uses for content on the platform.
b.
Whether the social media platform uses or allows the use of addictive design or deceptive pattern features, including autoplay or infinite scroll.
c.
Whether the social media platform allows manipulated photographs or digital images to be shared on the platform.
d.
Whether the social media platform considers the best interests of platform users who are under 18 years of age when designing, developing, and providing services.
e.
The methodology the social media platform uses to consider the best interests of platform users who are under the age of 18 when designing, developing, and providing services.
f.
The policies and protections the social media platform uses to protect platform users who are under 18 years of age against harmful behaviors, such as bullying, harassment, and threats of violence or self-harm.
g.
Whether the social media platform collects or sells personal information of platform users who are under 18 years of age, including personal identifiers, biometrics, and geolocation data.
If such personal information is collected, the platform must disclose the type of personal information collected and the purpose of such collection.
If such personal information is sold, the platform must disclose to whom the information is Page 6 of 8 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 SB 1788 29-01310B-24 20241788__ sold.
2.
Provide clear access to the following:
a.
Zip code-based references to local resources for law enforcement, suicide prevention, and domestic violence prevention services.
b.
Reporting mechanisms related to harmful behaviors, such as bullying, harassment, and threats of violence or self-harm.
3.
At the time of log-in, and before obtaining access to the platform, require platform users who are under 18 years of age to read and accept a disclaimer which must be in substantially the following form:
This application may be harmful to your mental health and may use design features that have addictive qualities or present unverified information or that may be manipulated by ...insert platform name...
or others for your viewing.
This application may also collect your personal data to further manipulate your viewable content and may share your personal data with others.
For the purpose of bringing an action pursuant to this Page 7 of 8 CODING:
For the purpose of bringing an action pursuant to this section, ss.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 SB 1788 29-01310B-24 20241788__ section, ss.
(6) For purposes of bringing an action in accordance with subsections (3) and (4), a social media platform that allows a Florida minor under 16 years of age to create an account on such platform is considered to be both engaged in substantial and not isolated activities within this state and operating, conducting, engaging in, or carrying on a business, and doing business in this state and is therefore subject to the jurisdiction of the courts of this state.
(6) For purposes of bringing an action in accordance with subsections (3) and (4), a social media platform that allows a Page 6 of 7 CODING:
(7) This section does not preclude any other available remedy at law or equity.
Words stricken are deletions;
(8) The department may adopt rules to implement this section.
words underlined are additions.
Florida Senate - 2024 CS for SB 1788 590-02928-24 20241788c1 Florida minor younger than 16 years of age to create an account on such platform is considered to be both engaged in substantial and not isolated activities within this state and operating, conducting, engaging in, or carrying on a business, and doing business in this state and is therefore subject to the jurisdiction of the courts of this state.
(7) If a social media platform allows the account holder to use the social media platform, the parties have entered into a contract.
(8) This section does not preclude any other available remedy at law or equity.
(9) The department may adopt rules to implement this section.
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Action History

  1. Died in Fiscal Policy, companion bill(s) passed, see CS/CS/HB 3 (Ch. 2024-42)

  2. Now in Fiscal Policy

  3. CS by Judiciary read 1st time

  4. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  5. CS by Judiciary; YEAS 7 NAYS 2

  6. On Committee agenda-- Judiciary, 02/05/24, 2:30 pm, 110 Senate Building

  7. Introduced

  8. Referred to Judiciary; Fiscal Policy

  9. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 1 co-sponsors · 161 not signed on

Sponsors (2)

Co-sponsors (1)

Not signed on (161)

161 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable with Committee Substitute

Passed 7 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 6000
Unaffiliated 1201
Total 7201
% of votes cast 70%20%0%10%
How each member voted (10)
Member Party Vote
Broxson — Yea
Book — Nay
Stewart — Nay
Thompson, Geraldine F. "Geri" — Not Voting
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Harrell, Gayle Republican Yea
Yarborough, Clay Republican Yea

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Subjects

public-safety civil-rights technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1788 do?
Social Media Use for Minors; Requiring social media platforms to prohibit certain minors from creating new accounts, to terminate certain accounts and provide additional options for termination of such accounts, and to use reasonable age verification methods to verify the ages of account holders; authorizing the Department of Legal Affairs to bring actions for violations under the Florida Deceptive and Unfair Trade Practices Act, etc.
Who sponsors SB 1788?
SB 1788 is sponsored by Judiciary, Grall, Erin (Republican), and Garcia, Ileana (Republican).
What is the current status of SB 1788?
This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1788?
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