CS/HB 699 2023
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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 for enforcement under the 10
Florida Deceptive and Unfair Trade Practices Act; 11
providing that the Department of Legal Affairs is the 12
sole entity authorized to bring specified actions; 13
authorizing the State Board of Education to adopt 14
rules; providing an effective date. 15
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Be It Enacted by the Legislature of the State of Florida: 17
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Section 1. This act may be cited as the "Student Online 19
Personal Information Protection Act." 20
Section 2. Section 1006.1494, Florida Statutes, is creat ed 21
to read: 22
1006.1494 Student online personal information protection. — 23
(1) As used in this section, the term: 24
(a) "Covered information" means personal identifying 25
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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
information or material of a student, or information linked to 26
personal identifying inf ormation or material of a student, in 27
any media or format that is not publicly available and is any of 28
the following: 29
1. Created by or provided to an operator by the student, 30
or the student's parent or legal guardian, in the course of the 31
student's, parent's, or legal guardian's use of the operator's 32
site, service, or application for K –12 school purposes. 33
2. Created by or provided to an operator by an employee or 34
agent of a K-12 school or school district for K -12 school 35
purposes. 36
3. Gathered by an ope rator through the operation of its 37
site, service, or application for K -12 school purposes and 38
personally identifies a student, including, but not limited to, 39
information in the student's educational record or electronic 40
mail, first and last name, home addr ess, telephone number, 41
electronic mail address, or other information that allows 42
physical or online contact, discipline records, test results, 43
special education data, juvenile dependency records, grades, 44
evaluations, criminal records, medical records, heal th records, 45
social security number, biometric information, disabilities, 46
socioeconomic information, food purchases, political 47
affiliations, religious information, text messages, documents, 48
student identifiers, search activity, photos, voice recordings, 49
or geolocation information. 50
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(b) "Interactive computer service" means any information 51
service, system, or access software provider that provides or 52
enables computer access by multiple users to a computer server, 53
including a service or system that provides ac cess to the 54
Internet and such systems operated or services offered by 55
libraries or educational institutions. 56
(c) "K-12 school" has the same meaning as described in s. 57
1000.04(2). 58
(d) "K–12 school purposes" means purposes directed by or 59
that customarily take place at the direction of a K -12 school, 60
teacher, or school district or that aid in the administration of 61
school activities, including, but not limited to, instruction in 62
the classroom or at home, administrative activities, and 63
collaboration between students, school personnel, or parents, or 64
that are otherwise for the use and benefit of the school. 65
(e) "Operator" means, to the extent that it is operating 66
in this capacity, the operator of an Internet website, online 67
service, online application, or mo bile application with actual 68
knowledge that the site, service, or application is used 69
primarily for K–12 school purposes, or the site, service, or 70
application was designed and marketed for K –12 school purposes. 71
(f) "School district" has the same meaning as in s. 72
595.402. 73
(g) "Targeted advertising" means presenting advertisements 74
to a student which are selected on the basis of information 75
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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
obtained or inferred over time from that student's online 76
behavior, usage of applications, or covered information. Th e 77
term does not include advertising to a student at an online 78
location based upon the student's current visit to that 79
location, or advertising presented in response to a student's 80
request for information or feedback, if the student's online 81
activities or requests are not retained over time for the 82
purpose of targeting subsequent advertisements to that student. 83
(2) An operator may not knowingly do any of the following: 84
(a) Engage in targeted advertising on the operator's site, 85
service, or application, or targeted advertising on any other 86
site, service, or application if the targeting of the 87
advertising is based on any information, including covered 88
information and persistent unique identifiers, which the 89
operator has acquired because of the use of that op erator's 90
site, service, or application for K -12 school purposes. 91
(b) Use covered information, including persistent unique 92
identifiers, created or gathered by the operator's site, 93
service, or application to amass a profile of a student, except 94
in furtherance of K–12 school purposes. The term "amass a 95
profile" does not include the collection and retention of 96
account information that remains under the control of the 97
student or the student's parent or guardian or K -12 school. 98
(c) Share, sell, or rent a stud ent's information, 99
including covered information. This paragraph does not apply to 100
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the purchase, merger, or other acquisition of an operator by a 101
third party, if the third party complies with this section 102
regarding previously acquired student information, or to a 103
national assessment provider if the provider obtains the express 104
written consent of the parent or student, given in response to 105
clear and conspicuous notice, solely to provide access to 106
employment, educational scholarships or financial aid, or 107
postsecondary educational opportunities. 108
(d) Except as otherwise provided in subsection (4), 109
disclose covered information, unless the disclosure is made for 110
any of the following purposes: 111
1. In furtherance of the K –12 school purpose of the site, 112
service, or application, if the recipient of the covered 113
information disclosed under this subparagraph does not further 114
disclose the information. 115
2. Disclosure as required by state or federal law. 116
3. To comply with the order of a court or quasi -judicial 117
entity. 118
4. To protect the safety or integrity of users of the site 119
or others or the security of the site, service, or application. 120
5. For a school, educational, or employment purpose 121
requested by the student or the student's parent or guardian, 122
provided that the information is not used or further disclosed 123
for any other purpose. 124
6. To a third party, if the operator contractually 125
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prohibits the third party from using any covered information for 126
any purpose other than providing the contracted service to or on 127
behalf of the operator, prohibits the third party from 128
disclosing any covered information provided by the operator with 129
subsequent third parties, and requires the third party to 130
implement and maintain reasonable security procedures and 131
practices. An operator may not disclose covered information 132
relating to any contracted services provided in paragraph (a), 133
paragraph (b), or paragraph (c). 134
(3) An operator shall do all of the following: 135
(a) Collect no more covered information than is reasonably 136
necessary to operate an Internet website, online service, online 137
application, or mobile application with actual knowledge that 138
the site, service, or application is used primarily for K –12 139
school purposes, or the site, service, or application was 140
designed and marketed for K–12 school purposes. 141
(b) Implement and maintain reasonable security procedures 142
and practices appropriate to the nature of the covered 143
information which are designed to protect it from unauthorized 144
access, destruction, use, modification, or disclosur e. 145
(c) Unless a parent or guardian expressly consents to the 146
operator retaining a student's covered information, delete the 147
covered information at the conclusion of the course or 148
corresponding program and no later than 90 days after a student 149
is no longer enrolled in a school within the district. 150
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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
(4) An operator may use or disclose covered information of 151
a student under any of the following circumstances: 152
(a) If federal or state law requires the operator to 153
disclose the information, and the operator c omplies with federal 154
or state law, as applicable, in protecting and disclosing that 155
information. 156
(b) If the covered information is disclosed to a state 157
educational agency or the student's local educational agency for 158
K-12 school purposes, as allowed unde r state or federal law. 159
(c) If the covered information is disclosed to a state or 160
local educational agency, including K -12 schools and school 161
districts, for K–12 school purposes, as allowed under state or 162
federal law. 163
(5) This section does not prohibit an operator from doing 164
any of the following: 165
(a) Using covered information to improve educational 166
products, if that information is not associated with an 167
identified student within the operator's site, service, or 168
application, or other sites, services, o r applications owned by 169
the operator. 170
(b) Using covered information that is not associated with 171
an identified student to demonstrate the effectiveness of the 172
operator's products or services, including use in their 173
marketing. 174
(c) Sharing covered informa tion that is not associated 175
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with an identified student for the development and improvement 176
of educational sites, services, or applications. 177
(d) Using recommendation engines to recommend to a student 178
any of the following: 179
1. Additional content relating to an educational, an 180
employment, or any other learning opportunity purpose within an 181
online site, service, or application, if the recommendation is 182
not determined in whole or in part by payment or other 183
consideration from a third party. 184
2. Additional services relating to an educational, an 185
employment, or any other learning opportunity purpose within an 186
online site, service, or application, if the recommendation is 187
not determined in whole or in part by payment or other 188
consideration from a third party. 189
(e) Responding to a student's request for information or 190
feedback without the information or response being determined in 191
whole or in part by payment or other consideration from a third 192
party. 193
(6) This section does not do any of the following: 194
(a) Limit the authority of a law enforcement agency to 195
obtain any content or information from an operator as authorized 196
by law or under a court order. 197
(b) Limit the ability of an operator to use student data, 198
including covered information, for adaptive learn ing or 199
customized student learning purposes. 200
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(c) Apply to general audience Internet websites, general 201
audience online services, general audience online applications, 202
or general audience mobile applications, even if login 203
credentials created for an operat or's site, service, or 204
application may be used to access those general audience sites, 205
services, or applications. 206
(d) Limit service providers from providing Internet 207
connectivity to schools or students and their families. 208
(e) Prohibit an operator of an Internet website, online 209
service, online application, or mobile application from 210
marketing educational products directly to parents, if such 211
marketing did not result from the use of covered information 212
obtained by the operator through the provision of ser vices 213
covered under this section. 214
(f) Impose a duty upon a provider of an electronic store, 215
gateway, marketplace, or other means of purchasing or 216
downloading software or applications to review or enforce 217
compliance with this section on such software or a pplications. 218
(g) Impose a duty upon a provider of an interactive 219
computer service to review or enforce compliance with this 220
section by third-party content providers. 221
(h) Prohibit students from downloading, exporting, 222
transferring, saving, or maintainin g their own student data or 223
documents. 224
(7) Any violation of this section is a deceptive and 225
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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
unfair trade practice and constitutes a violation of the Florida 226
Deceptive and Unfair Trade Practices Act, part II of chapter 227
501. Notwithstanding the provisions of part II of chapter 501, 228
the Department of Legal Affairs is the sole entity authorized to 229
bring an enforcement action against an entity that violates this 230
section. 231
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The State Board of Education may adopt rules to implement this 233
section. 234
Section 3. This act shall take effect July 1, 2023. 235