An act relating to transparency in technology; creating s. 501.2041, F.S. (Bill Original Year)
- Issuer
- Congressional materials
- Document type
- 2021 3098 Commerce Committee General Publications Fn Technology Transparency Tta Press Con
Summary
A 19-page press conference draft of a Florida House of Representatives bill relating to transparency in technology. Section 1 creates s. 501.2041, F.S., defining terms such as censor, deplatform, shadow ban and social media platform, and setting requirements for platforms, enforceable by the Department of Legal Affairs. It provides a private cause of action with up to $100,000 in statutory damages per proven claim for certain violations. Section 2 creates s. 287.137, F.S., on antitrust violations and the right to transact business with public entities. The draft also amends s. 501.212, F.S., includes a severability clause in Section 5 and states in Section 6 that the act takes effect July 1, 2021.
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Cite this document
“An act relating to transparency in technology; creating s. 501.2041, F.S. (Bill Original Year).”
Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-3098-commerce-committee-general-publications-fn-technology-transparency-tta-press-conference-draft-02-02-21/
, SHA-256 02568941f9c05129493ae59acd6dd6be11f0aa058f7f21ad97b94c3a275013ff.Full text
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
BILL ORIGINAL YEAR
A bill to be entitled
An act relating to transparency in technology;
creating s. 501.2041, F.S.; creating a cause of action
against a social media platform for unlawful
practices; providing requirements for social media
platforms; creating s. 287.137, F.S.; providing
requirements for public contracts and economic
incentives related to entities who have committed
antitrust violations; creating s. 106.072, F.S.;
providing a violation for social media platforms who
deplatform certain political candidates; amending s.
501.212, F.S.; conforming a provision; providing a
severability clause; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 501.2041, Florida Statutes, is created
to read:
501.2041 Unlawful acts and practices by social media
platforms.—
(1) As used in this section, the term:
(a) "Algorithm" means a mathematical set of rules that
specify how a group of data behaves that will assist in ranking
search results and maintaining order or that is used in sorting
or ranking content or material based on relevancy or other
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factors instead of using published time or chronological order
of such content or material.
(b) "Censor" includes any action taken by a social media
platform to delete, regulate, restrict, edit, alter, inhibit the
publication or republication of, suspend a right to post,
remove, or post an addendum to any content or material posted by
a user. This term also includes actions to inhibit the ability
of a user to be viewable by or to interact with another user of
the social media platform.
(c) "Department" means the Department of Legal Affairs.
(d) "Deplatform" means the action or practice by a social
media platform to permanently delete or ban a user or to
temporarily delete or ban a user for more than 60 days.
(e) “Journalistic enterprise” means any entity:
1. Publishing in excess of 100,000 words available online
with at least 50,000 paid subscribers or 100,000 monthly active
users; or
2. Publishing 100 hours of audio or video available online
with at least 100 million yearly viewers; or
3. Operating a cable channel providing in excess of 40
hours of content per week to more than 100,000 cable television
subscribers; or
4. Operating under a broadcast license issued by the FCC.
(f) "Post-prioritization” means action by a social media
platform to place, feature, or prioritize certain content or
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material ahead of others in a newsfeed, feed, view, or search
results. This term does not include post-prioritization of
content and material based on payments by a third party,
including other users, to the social media platform.
(g) "Shadow ban" means action by a social media platform,
through any means whether the action is determined by a natural
person or an algorithm, to limit or eliminate the exposure of a
user or content or material posted by a user to other users of
the social media platform. This term includes acts of shadow
banning by a social media platform that are not readily apparent
to a user.
(h) "Social media platform" means any information service,
system, internet search engine, or access software provider that
does business in the State of Florida, and provides or enables
computer access by multiple users to a computer server,
including an internet platform and/or a social media site, which
is a sole proprietorship, partnership, limited liability
company, corporation, association, or other legal entity that is
organized or operated for the profit or financial benefit of its
shareholders or other owners, and that satisfies one or more of
the following thresholds:
1. Has annual gross revenues in excess of $100 million, as
adjusted in January of every odd-numbered year to reflect any
increase in the Consumer Price Index.
2. Has at least 100 million monthly users globally.
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(i) "User" means a person who has an account on a social
media platform, regardless of whether the person posts or has
posted content or material to the social media platform.
(2) The department may bring an action under part II of
chapter 501, otherwise known as the Florida Deceptive and Unfair
Trade Practices Act, against a social media platform if the
social media platform fails to comply with the requirements set
forth in this subsection.
(a) A social media platform must publish the standards,
including detailed definitions, it uses or has used for
determining how to censor, deplatform, and shadow ban.
(b) A social media platform must apply censorship,
deplatforming, and shadow banning standards in a consistent
manner among its users on the platform.
(c) A social media platform must inform a user about any
changes to user rules, terms, and agreements prior to
implementing such changes.
(d) A social media platform may not censor a user's
content or material or deplatform a user from the social media
platform:
1. Without providing notification to the user who posted
or attempted to post the content or material; or
2. In a way that violates part II of chapter 501, F.S.
(e) A social media platform must:
1. Allow a user and provide a mechanism to request the
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number of other users who were actually provided or shown such
user’s content or posts upon such user’s request; and
2. Provide such user with the number of other users who
were actually provided or shown such content or posts upon
request.
(f) A social media platform must:
1. Categorize algorithms used for post-prioritization and
shadow banning; and
2. Allow a user to opt-out of post-prioritization and
shadow banning algorithm categories to allow sequential or
chronological posts and content.
(g) A social media platform must provide users with an
annual notice on the use of algorithms used for post-
prioritization and shadow banning and reoffer annually the opt-
out opportunity in subparagraph (2)(f)2.
(h) A social media company must not apply or use post-
prioritization or shadow banning algorithms for content and
material posted by or about a user who is known by the social
media platform to be a candidate as defined in s. 106.011(3)(e),
from the date of qualification through the date of the election
or the date such candidate for office ceases to be a candidate
before the date of election. Post-prioritization of certain
content or material from or about a candidate for office based
on payments to the social media platform by such candidate for
office or a third party is not a violation of this paragraph.
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Social media platforms must provide users with a method to
identify themselves as qualified candidates, and may confirm
such qualification by reviewing the Florida Department of State,
Division of Elections website.
(i) A social media platform must allow a user who has been
deplatformed to access or retrieve all of the user’s
information, content, material, and data for at least 60 days
after being deplatformed.
(j) A social media platform may not knowingly take any
action to censor, deplatform, or shadow ban a journalistic
enterprise based on the content of its publication or broadcast.
Post-prioritization of certain journalistic enterprise content
based on payments to the social media platform by such
journalistic enterprise is not a violation of this paragraph.
Social media platforms must provide journalistic enterprises
with a method to identify themselves as such.
(3) For purposes of subparagraph (2)(d)1., a notification
must:
(a) Be in writing;
(b) Be delivered via electronic mail or direct electronic
notification to the user within 30 days of the censoring action;
(c) Include a thorough rationale explaining why the social
media platform censored the user; and
(d) Include a precise and thorough explanation of how the
social media platform became aware of the censored content or
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material, including a thorough explanation of the algorithms
used, if any, to identify or flag the user's content or material
as objectionable.
(4) Notwithstanding any other provisions of this section,
a social media platform is not required to notify a user if the
censored content or material is obscene as defined in s.
847.001.
(5) A user may only bring a private cause of action for
violations of paragraph (2)(b) or subparagraph (2)(d)1. In a
private cause of action brought under paragraph (2)(b) or
subparagraph (2)(d)1., the court may award all of the following
damages to the user:
(a) Up to $100,000 in statutory damages per proven claim.
(b) Actual damages.
(c) If aggravating factors are present, punitive damages.
(d) Other forms of equitable relief.
(e) If the user was deplatformed in violation of paragraph
(2)(b), costs and reasonable attorney fees.
(6) In an investigation by the department into acts of
shadow banning by a social media platform, the department has
the power to subpoena the social media platform for any
algorithm related to shadow banning and any related
documentation used within the previous 24 months related to
shadow banning.
(7) This section may only be enforced to the extent not
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inconsistent with federal law, to the extent authorized under 47
U.S.C. s. 230(e)(3), and notwithstanding any other provision of
state or local law.
Section 2. Section 287.137, Florida Statutes, is created
to read:
287.137 Antitrust violations; denial or revocation of the
right to transact business with public entities; denial of
economic benefits.—
(1) As used in this section:
(a) “Affiliate” means:
1. A predecessor or successor of a person convicted of or
held liable for an antitrust violation; or
2. An entity under the control of any natural person who is
active in the management of the entity and who has been
convicted of or held liable for an antitrust violation. The term
“affiliate” includes those officers, directors, executives,
partners, shareholders, employees, members, and agents who are
active in the management of an affiliate. The ownership by one
person of shares constituting a controlling interest in another
person, or a pooling of equipment or income among persons when
not for fair market value under an arm’s length agreement, is a
prima facie case that one person controls another person. A
person who knowingly enters into a joint venture with a person
who has violated an antitrust law during the preceding 36 months
is considered an affiliate.
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(b) "Antitrust violation" means any state or federal
antitrust law as determined in a civil or criminal proceeding
which has been brought by the Attorney General, a state
attorney, a similar body or agency of another state, or the
United States Department of Justice.
(c) “Conviction or being held liable” or “convicted or held
liable” means a criminal finding of guilt or conviction, with or
without an adjudication of guilt, being held civilly liable, or
having a judgment levied for an antitrust violation, in any
federal or state trial court of record relating to charges
brought by indictment, information, or complaint after July 1,
2021, as a result of a jury verdict, nonjury trial, or entry of
a plea of guilty or nolo contendere or other order with a
finding of liability.
(d) “Antitrust violator vendor list” means the list
required to be kept by the department pursuant to paragraph
(3)(b).
(e) "Economic incentives" means state grants, cash grants,
tax exemptions, tax refunds, tax credits, state funds, and other
state incentives under chapter 288 or administered by Enterprise
Florida, Inc.
(f) “Person” means any natural person or any entity
organized under the laws of any state or of the United States
who operates as a social media platform, as defined in s.
501.2041, with the legal power to enter into a binding contract
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and which bids or applies to bid on contracts let by a public
entity, or which otherwise transacts or applies to transact
business with a public entity. The term “person” includes those
officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of
an entity.
(g) “Public entity” means the State of Florida and any of
its departments or agencies.
(2)(a) A person or affiliate who has been placed on the
antitrust violator vendor list following a conviction or being
held liable for an antitrust violation may not submit a bid,
proposal, or reply for any new contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or
reply for any new contract with a public entity for the
construction or repair of a public building or public work; may
not submit bids, proposals, or replies on any new leases of real
property to a public entity; may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a
new contract with any public entity; and may not transact any
new business with any public entity.
(b) A public entity may not accept any bid, proposal, or
reply from, award any new contract to, or transact any new
business with any person or affiliate on the antitrust violator
vendor list unless that person or affiliate has been removed
from the list pursuant to paragraph (3)(e).
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(c) This subsection does not apply to contracts that were
awarded or business transactions that began before such person
or entity was placed on the antitrust violator vendor list, and
in no event before July 1, 2021.
(3)(a) Starting July 1, 2021, all invitations to bid,
requests for proposals, and invitations to negotiate, as defined
in s. 287.012, and any contract document described by s. 287.058
shall contain a statement informing persons of the provisions of
paragraph (2)(a).
(b) The department shall maintain a list of the names and
addresses of those who have been disqualified from the public
contracting and purchasing process under this section, entitled
the “antitrust violator vendor list.” The department shall
publish an initial list on January 1, 2022, and shall publish an
updated version of the list quarterly thereafter. The revised
quarterly lists shall be electronically posted. Notwithstanding
this paragraph, a person or affiliate disqualified from the
public contracting and purchasing process pursuant to this
section is disqualified as of the date the final order is
entered.
(c)1. Upon receiving reasonable information from any source
that a person has been convicted or held liable, the department
shall investigate the information and determine whether good
cause exists to place that person or an affiliate of that person
on the antitrust violator vendor list. If good cause exists, the
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department shall notify the person or affiliate in writing of
its intent to place the name of that person or affiliate on the
antitrust violator vendor list, and of the person’s or
affiliate’s right to a hearing, the procedure that must be
followed, and the applicable time requirements. If the person or
affiliate does not request a hearing, the department shall enter
a final order placing the name of the person or affiliate on the
antitrust violator vendor list. No person or affiliate may be
placed on the antitrust violator vendor list without receiving
an individual notice of intent from the department.
2. Within 21 days of receipt of the notice of intent, the
person or affiliate may file a petition for a formal hearing
pursuant to ss. 120.569 and 120.57(1) to determine whether it is
in the public interest for that person or affiliate to be placed
on the antitrust violator vendor list. A person or affiliate may
not file a petition for an informal hearing under s. 120.57(2).
The procedures of chapter 120 shall apply to any formal hearing
under this paragraph except within 30 days after the formal
hearing or receipt of the hearing transcript, whichever is
later, the administrative law judge shall enter a final order,
which shall consist of findings of fact, conclusions of law,
interpretation of agency rules, and any other information
required by law or rule to be contained in the final order. The
final order shall direct the department to place or not place
the person or affiliate on the antitrust violator vendor list.
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The final order of the administrative law judge is final agency
action for purposes of s. 120.68.
3. In determining whether it is in the public interest to
place a person or affiliate on the antitrust violator vendor
list under this paragraph, the administrative law judge shall
consider the following factors:
a. Whether the person or affiliate committed an antitrust
violation.
b. The nature and details of the antitrust violation.
c. The degree of culpability of the person or affiliate
proposed to be placed on the antitrust violator vendor list.
d. Reinstatement or clemency in any jurisdiction in
relation to the antitrust violation at issue in the proceeding.
e. The needs of public entities for additional competition
in the procurement of goods and services in their respective
markets.
4. In any proceeding under this paragraph, the department
must prove that it is in the public interest for the person or
affiliate to whom it has given notice under this paragraph to be
placed on the antitrust violator vendor list. Proof of a
conviction of the person or that the person was held liable or
that one is an affiliate of such person constitutes a prima
facie case that it is in the public interest for the person or
affiliate to whom the department has given notice to be put on
the antitrust violator vendor list. Status as an affiliate must
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be proven by clear and convincing evidence. If the
administrative law judge determines that the person was not
convicted or that the person was not held liable or is not an
affiliate of such person, that person or affiliate shall not be
placed on the antitrust violator vendor list.
5. Any person or affiliate who has been notified by the
department of its intent to place his or her name on the
antitrust violator vendor list may offer evidence on any
relevant issue. An affidavit alone does not constitute competent
substantial evidence that the person has not been convicted or
is not an affiliate of a person so convicted or held liable.
Upon establishment of a prima facie case that it is in the
public interest for the person or affiliate to whom the
department has given notice to be put on the antitrust violator
vendor list, that person or affiliate may prove by a
preponderance of the evidence that it would not be in the public
interest to put him or her on the antitrust violator vendor
list, based upon evidence addressing the factors in subparagraph
3.
(d)1. If a person has been charged or accused of any state
or federal antitrust law in a civil or criminal proceeding
brought by the Attorney General, a state attorney, or the United
States Department of Justice initiated after July 1, 2021, the
Attorney General may, by a finding of probable cause that a
person has likely violated the underlying antitrust laws,
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temporarily place such person on the antitrust violator vendor
list until such proceeding has concluded.
2. If probable cause exists, the Attorney General shall
notify the person in writing of its intent to temporarily place
the name of that person on the antitrust violator vendor list,
and of the person’s right to a hearing, the procedure that must
be followed, and the applicable time requirements. If the person
does not request a hearing, the Attorney General shall enter a
final order temporarily placing the name of the person on the
antitrust violator vendor list. No person may be placed on the
antitrust violator vendor list without receiving an individual
notice of intent from the Attorney General.
3. Within 21 days of receipt of the notice of intent, the
person may file a petition for a formal hearing pursuant to ss.
120.569 and 120.57(1) to determine whether it is in the public
interest for that person or affiliate to be placed on the
antitrust violator vendor list. A person or affiliate may not
file a petition for an informal hearing under s. 120.57(2). The
procedures of chapter 120 shall apply to any formal hearing
under this paragraph.
4. In determining whether it is in the public interest to
place a person on the antitrust violator vendor list under this
paragraph, the administrative law judge shall consider the
following factors:
a. The likelihood the person committed the antitrust
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violation.
b. The nature and details of the antitrust violation.
c. The degree of culpability of the person proposed to be
placed on the antitrust violator vendor list.
d. The needs of public entities for additional competition
in the procurement of goods and services in their respective
markets.
5. This paragraph does not apply to affiliates.
(e)1. A person may be removed from the antitrust violator
vendor list subject to such terms and conditions as may be
prescribed by the administrative law judge upon a determination
that removal is in the public interest. In determining whether
removal would be in the public interest, the administrative law
judge must consider any relevant factors, including, but not
limited to, the factors identified in subparagraph (c)3. Upon
proof that a person was found not guilty or not liable, the
antitrust violation case was dismissed, or the court entered a
finding in the person's favor, or the person's conviction or
determination of liability has been reversed on appeal or that
he or she has been pardoned, the administrative law judge shall
determine that removal of the person or an affiliate of that
person from the antitrust violator vendor list is in the public
interest. A person or affiliate on the antitrust violator vendor
list may petition for removal from the list no sooner than 6
months from the date a final order is entered pursuant to this
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section, but may petition for removal at any time if the
petition is based upon a reversal of the conviction or liability
on appellate review or pardon. The petition shall be filed with
the department, and the proceeding shall be conducted pursuant
to the procedures and requirements of this subsection.
2. If a petition for removal is denied, the person or
affiliate may not petition for another hearing on removal for a
period of 9 months after the date of denial, unless the petition
is based upon a reversal of the conviction on appellate review
or a pardon. The department may petition for removal prior to
the expiration of such period if, in its discretion, it
determines that removal would be in the public interest.
(5) The conviction of a person or a person being held
liable for an antitrust violation, or placement on the antitrust
violator vendor list, shall not affect any rights or obligations
under any contract, franchise, or other binding agreement which
predates such conviction or placement on the antitrust violator
vendor list.
(6) A person who has been placed on the antitrust violator
vendor list is not a qualified applicant for economic incentives
under chapter 288, and such entity shall not be qualified to
receive such economic incentives.
(7) The provisions of this section do not apply to any
activities regulated by the Florida Public Service Commission or
to the purchase of goods or services made by any public entity
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from the Department of Corrections, from the nonprofit
corporation organized under chapter 946, or from any accredited
nonprofit workshop certified under ss. 413.032-413.037.
(8) This section may only be enforced to the extent not
inconsistent with federal law, and notwithstanding any other
provision of state or local law.
Section 3. Section 106.072, Florida Statutes, is created
to read:
106.072 Social media deplatforming of political
candidates.—
(1) As used in this section, the term:
(a) "Candidate" has the same meaning as in s.
106.011(3)(e).
(a) "Deplatform" has the same meaning as in s. 501.172.
(b) "Social media platform" has the same meaning as in s.
501.172.
(2) A social media platform may not knowingly deplatform a
candidate. Upon a finding of a violation of this section by the
Florida Elections Commission, the social media platform may be
fined $100,000 per day for statewide candidates and $10,000 per
day for other candidates of unlawful deplatforming.
(3) A social media platform that knowingly provides free
advertising for a candidate must report such advertising as an
in-kind contribution to the candidate under state election laws.
Posts, content, material, and comments by candidates that are
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shown on the platform in the same or similar way as other user’s
posts, content, material, and comments is not considered free
advertising.
(4) This section may only be enforced to the extent not
inconsistent with federal law, to the extent authorized under 47
U.S.C. s. 230(e)(3), and notwithstanding any other provision of
state or local law.
Section 4. Subsection (2) of section 501.212, Florida
Statutes, is amended to read:
501.212 Application.—This part does not apply to:
(2) Except as provided in s. 501.2041, a publisher,
broadcaster, printer, or other person engaged in the
dissemination of information or the reproduction of printed or
pictorial matter, insofar as the information or matter has been
disseminated or reproduced on behalf of others without actual
knowledge that it violated this part.
Section 5. If any provision of this act or the application
thereof to any person or circumstance is held invalid, the
invalidity shall not affect other provisions or applications of
the act which can be given effect without the invalid provision
or application, and to this end the provisions of this act are
declared severable.
Section 6. This act shall take effect July 1, 2021.
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VFile and source
- File
- 2021_3098_commerce-committee_general-publications_fn-technology-transparency-tta-press-conference-draft-02-02-21.pdf
- Size
- 232,228 bytes
- SHA-256
- 02568941f9c05129493ae59acd6dd6be11f0aa058f7f21ad97b94c3a275013ff
- Original
- www.flhouse.gov