HB 699 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0699-00
Page 1 of 10
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
A bill to be entitled 1
An act relating to student online personal information 2
protection; providing a short title; creating s. 3
1006.1494, F.S.; defining terms; prohibiting operators 4
from knowingly engaging in specified activities 5
relating to students' covered information; providing 6
an exception; specifying the duties of an operator; 7
providing circumstances under which an operator may 8
disclose students' covered information; providing 9
construction; providing an effective date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
13
Section 1. This act may be cited as the "Student Online 14
Personal Information Protection Act." 15
Section 2. Section 1006.1494, Florida Statutes, is created 16
to read: 17
1006.1494 Student online personal information protection. — 18
(1) As used in this section, the term: 19
(a) "Covered information" means personal identifying 20
information or material of a student, or information linked to 21
personal identifying information or material of a student, in 22
any media or format that is not publicly available and is any of 23
the following: 24
1. Created by or provided to an operator by the student, 25
HB 699 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0699-00
Page 2 of 10
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
or the student's parent or legal guardian, in the course of the 26
student's, parent's, or legal guardian's use of the operator's 27
site, service, or application for K –12 school purposes. 28
2. Created by or provided to an operator by an employee or 29
agent of a K-12 school or school district for K -12 school 30
purposes. 31
3. Gathered by an operator through the operation of its 32
site, service, or application for K -12 school purposes and 33
personally identifies a student, including, but not limited to, 34
information in the student's educational record or electronic 35
mail, first and last name, h ome address, telephone number, 36
electronic mail address, or other information that allows 37
physical or online contact, discipline records, test results, 38
special education data, juvenile dependency records, grades, 39
evaluations, criminal records, medical recor ds, health records, 40
social security number, biometric information, disabilities, 41
socioeconomic information, food purchases, political 42
affiliations, religious information, text messages, documents, 43
student identifiers, search activity, photos, voice recordi ngs, 44
or geolocation information. 45
(b) "Interactive computer service" means any information 46
service, system, or access software provider that provides or 47
enables computer access by multiple users to a computer server, 48
including a service or system that pro vides access to the 49
Internet and such systems operated or services offered by 50
HB 699 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0699-00
Page 3 of 10
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
libraries or educational institutions. 51
(c) "K-12 school" has the same meaning as described in s. 52
1000.04(2). 53
(d) "K–12 school purposes" means purposes directed by or 54
that customarily take place at the direction of a K -12 school, 55
teacher, or school district or that aid in the administration of 56
school activities, including, but not limited to, instruction in 57
the classroom or at home, administrative activities, and 58
collaboration between students, school personnel, or parents, or 59
that are otherwise for the use and benefit of the school. 60
(e) "Operator" means, to the extent that it is operating 61
in this capacity, the operator of an Internet website, online 62
service, online applicatio n, or mobile application with actual 63
knowledge that the site, service, or application is used 64
primarily for K–12 school purposes and was designed and marketed 65
for K–12 school purposes. 66
(f) "School district" has the same meaning as in s. 67
595.402. 68
(g) "Targeted advertising" means presenting advertisements 69
to a student which are selected on the basis of information 70
obtained or inferred over time from that student's online 71
behavior, usage of applications, or covered information. The 72
term does not include advertising to a student at an online 73
location based upon the student's current visit to that 74
location, or advertising presented in response to a student's 75
HB 699 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0699-00
Page 4 of 10
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
request for information or feedback, if the student's online 76
activities or requests are not ret ained over time for the 77
purpose of targeting subsequent advertisements to that student. 78
(2) An operator may not knowingly do any of the following: 79
(a) Engage in targeted advertising on the operator's site, 80
service, or application, or target advertising on any other 81
site, service, or application if the targeting of the 82
advertising is based on any information, including covered 83
information and persistent unique identifiers, which the 84
operator has acquired because of the use of that operator's 85
site, service, or application for K -12 school purposes. 86
(b) Use information, including persistent unique 87
identifiers, created or gathered by the operator's site, 88
service, or application to amass a profile of a student, except 89
in furtherance of K–12 school purposes. The term "amass a 90
profile" does not include the collection and retention of 91
account information that remains under the control of the 92
student or the student's parent or guardian or K -12 school. 93
(c) Share, sell, or rent a student's information, 94
including covered information. This paragraph does not apply to 95
the purchase, merger, or other acquisition of an operator by 96
another entity, if the operator or successor entity complies 97
with this section regarding previously acquired student 98
information, or to a nat ional assessment provider if the 99
provider obtains the express written consent of the parent or 100
HB 699 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0699-00
Page 5 of 10
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
student, given in response to clear and conspicuous notice, 101
solely to provide access to employment, educational scholarships 102
or financial aid, or postsecondary e ducational opportunities. 103
(d) Except as otherwise provided in subsection (4), 104
disclose covered information, unless the disclosure is made for 105
any of the following purposes: 106
1. In furtherance of the K –12 school purpose of the site, 107
service, or applicati on, if the recipient of the covered 108
information disclosed under this subparagraph does not further 109
disclose the information, unless such disclosure is made to 110
allow or improve operability and functionality of the operator's 111
site, service, or application. 112
2. To ensure legal and regulatory compliance or protect 113
against liability. 114
3. To respond to or participate in the judicial process. 115
4. To protect the safety or integrity of users of the site 116
or others or the security of the site, service, or applicati on. 117
5. For a school, educational, or employment purpose 118
requested by the student or the student's parent or guardian, 119
provided that the information is not used or further disclosed 120
for any other purpose. 121
6. To a third party, if the operator contractual ly 122
prohibits the third party from using any covered information for 123
any purpose other than providing the contracted service to or on 124
behalf of the operator, prohibits the third party from 125
HB 699 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0699-00
Page 6 of 10
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
disclosing any covered information provided by the operator with 126
subsequent third parties, and requires the third party to 127
implement and maintain reasonable security procedures and 128
practices. 129
(e) This subsection does not prohibit an operator's use of 130
information for maintaining, developing, supporting, improving, 131
or diagnosing the operator's site, service, or application. 132
(3) An operator shall do all of the following: 133
(a) Collect no more covered information than is reasonably 134
necessary to operate an Internet website, online service, online 135
application, or mobile appli cation with actual knowledge that 136
the site, service, or application is used primarily for K –12 137
school purposes and was designed and marketed for K –12 school 138
purposes. 139
(b) Implement and maintain reasonable security procedures 140
and practices appropriate to the nature of the covered 141
information which are designed to protect it from unauthorized 142
access, destruction, use, modification, or disclosure. 143
(c) Within a reasonable timeframe, delete a student's 144
covered information if the K -12 school or school distric t 145
requests deletion of covered information under the control of 146
the K-12 school or school district, unless a student or a parent 147
or guardian consents to the maintenance of the covered 148
information. 149
(4) An operator may use or disclose covered information o f 150
HB 699 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0699-00
Page 7 of 10
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
a student under any of the following circumstances: 151
(a) If federal or state law requires the operator to 152
disclose the information, and the operator complies with federal 153
or state law, as applicable, in protecting and disclosing that 154
information. 155
(b) If covered information is not used for advertising or 156
to amass a profile of the student for purposes other than K -12 157
school purposes, legitimate research purposes, as required by 158
state or federal law and subject to restrictions imposed 159
thereunder; or as al lowed by state or federal law and in 160
furtherance of K–12 school purposes or postsecondary educational 161
purposes. 162
(c) If the covered information is disclosed to a state or 163
local educational agency, including K -12 schools and school 164
districts, for K–12 school purposes, as allowed under state or 165
federal law. 166
(5) This section does not prohibit an operator from doing 167
any of the following: 168
(a) Using covered information to improve educational 169
products, if that information is not associated with an 170
identified student within the operator's site, service, or 171
application, or other sites, services, or applications owned by 172
the operator. 173
(b) Using covered information that is not associated with 174
an identified student to demonstrate the effectiveness of the 175
HB 699 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0699-00
Page 8 of 10
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
operator's products or services, including use in their 176
marketing. 177
(c) Sharing covered information that is not associated 178
with an identified student for the development and improvement 179
of educational sites, services, or applications. 180
(d) Using recommendation e ngines to recommend to a student 181
any of the following: 182
1. Additional content relating to an educational, an 183
employment, or any other learning opportunity purpose within an 184
online site, service, or application, if the recommendation is 185
not determined in whole or in part by payment or other 186
consideration from a third party. 187
2. Additional services relating to an educational, an 188
employment, or any other learning opportunity purpose within an 189
online site, service, or application, if the recommendation is 190
not determined in whole or in part by payment or other 191
consideration from a third party. 192
(e) Responding to a student's request for information or 193
feedback without the information or response being determined in 194
whole or in part by payment or other consideration from a third 195
party. 196
(6) This section does not do any of the following: 197
(a) Limit the authority of a law enforcement agency to 198
obtain any content or information from an operator as authorized 199
by law or under a court order. 200
HB 699 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0699-00
Page 9 of 10
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
(b) Limit the ability of an operator to use student data, 201
including covered information, for adaptive learning or 202
customized student learning purposes. 203
(c) Apply to general audience Internet websites, general 204
audience online servic es, general audience online applications, 205
or general audience mobile applications, even if login 206
credentials created for an operator's site, service, or 207
application may be used to access those general audience sites, 208
services, or applications. 209
(d) Limit service providers from providing Internet 210
connectivity to schools or students and their families. 211
(e) Prohibit an operator of an Internet website, online 212
service, online application, or mobile application from 213
marketing educational products directly to p arents, if such 214
marketing did not result from the use of covered information 215
obtained by the operator through the provision of services 216
covered under this section. 217
(f) Impose a duty upon a provider of an electronic store, 218
gateway, marketplace, or other m eans of purchasing or 219
downloading software or applications to review or enforce 220
compliance with this section on such software or applications. 221
(g) Impose a duty upon a provider of an interactive 222
computer service to review or enforce compliance with this 223
section by third-party content providers. 224
(h) Prohibit students from downloading, exporting, 225
HB 699 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0699-00
Page 10 of 10
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
transferring, saving, or maintaining their own student data or 226
documents. 227
Section 3. This act shall take effect July 1, 2023. 228