This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1377a.RRS
DATE: 1/11/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1377 Pub. Rec./Investigations by the Department of Legal Affairs
SPONSOR(S): Sirois
TIED BILLS: HB 1 IDEN./SIM. BILLS: SB 1790
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
14 Y, 0 N Wright Anstead
2) State Affairs Committee
SUMMARY ANALYSIS
Generally, a social media platform is a computer-based technology that facilitates the sharing of ideas,
thoughts, and information through virtual networks and communities. Social media use by children can have
negative effects on their wellbeing, and studies have found a link between child social media use and poor
mental health.
To attempt to reduce such effects on kids, Utah, Arkansas, Louisiana, and Ohio recently enacted laws to
require social media platforms to verify user age and require parental consent for minors to have an account.
HB 1, to which this bill is linked, requires social media platforms to:
Verify the age of a person wishing to open a new account,
Prohibit minors under 16 years of age from creating a new account, and
Implement certain Internet safety measures for minors under 18 years of age.
The Department of Legal Affairs (DLA), upon belief that any social media platform is in violation of HB 1’s
provisions, may bring an action under the Florida Unfair or Deceptive Trade Practices Act. A private cause of
action is permitted in certain limited circumstances.
This bill provides that all information received by DLA pursuant to a notification or investigation by DLA or a law
enforcement agency of a violation is confidential and exempt from public record requirements. The bill provides
that the information may be released by DLA during an active investigation only:
• In the furtherance of its official duties and responsibilities;
• For print, publication, or broadcast to notify the public of a data breach; or
• To another governmental entity in the furtherance of the receiving entity’s official duties and
responsibilities.
Once an investigation is completed, the following information remains confidential and exempt:
• All information to which another public records exemption applies;
• Personal information;
• A computer forensic report;
• Information that would otherwise reveal weaknesses in data security; and
• Information that would otherwise disclose proprietary information.
The bill provides that the public records exemption is subject to the Open Government Sunset Review Act and
will repeal on October 2, 2029, unless reviewed and saved from repeal through reenactment by the
Legislature.
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record or public meeting exemption.
The bill creates a public record exemption; thus, it requires a two-thirds vote for final passage. STORAGE NAME: h1377a.RRS PAGE: 2
DATE: 1/11/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Public Records
Article I, s. 24(a) of the State Constitution sets forth the state’s public policy regarding access to
government records. This section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government.
1
The Legislature, however, may
provide by general law for the exemption of records from these requirements provided the exemption
passes by two-thirds vote of each chamber, states with specificity the public necessity justifying the
exemption, and is no broader than necessary to meet its public purpose.
2
Public policy regarding access to government records is also addressed by statute. Section 119.07(1),
F.S., guarantees every person a right to inspect and copy any state, county, or municipal record, unless
the record is exempt.
3
Furthermore, the Open Government Sunset Review Act
4
provides that a public
record exemption may be created or maintained only if it serves an identifiable public purpose that is
sufficiently compelling to override the strong public policy of open government and that cannot be
accomplished without the exemption.
5
An identifiable public purpose is served if the exemption meets
one of the following purposes:
Allows the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption;
Protects sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision; or
Protects trade or business secrets.
6
The Open Government Sunset Review Act requires the automatic repeal of a newly created exemption
on October 2nd of the fifth year after creation or substantial amendment, unless the Legislature
reenacts the exemption.
7
Social Media and Kids
Generally, a social media platform is a computer-based technology that facilitates the sharing of ideas,
thoughts, and information through virtual networks and communities. Social media is Internet-based
and gives users quick electronic communication of content, such as personal information, videos, and
photos. Users engage with social media via a computer, tablet, or smartphone via web-based software
or applications.
8
1
Art. I, s. 24(a), Fla. Const.
2
Art. I, s. 24(c), Fla. Const.
3
A “public record exemption” means a provision of general law which provides that a specified record, or portion thereof, is not
subject to the access requirements of s. 119.07(1), F.S., or Art. I, s. 24 of the State Constitution. See s. 119.011(8), F.S.
4
S. 119.15, F.S.
5
S. 119.15(6)(b), F.S.
6
Id.
7
S. 119.15(3), F.S.
8
Maya Dollarhide, Social Media: Definition, Effects, and List of Top Apps, Investopedia.com,
https://www.investopedia.com/terms/s/social-media.asp (last visited Jan. 6, 2024). STORAGE NAME: h1377a.RRS PAGE: 3
DATE: 1/11/2024
Social media use by children can have negative effects on their health.
9
Some potential safety risks of
social media use include:
Exposure to harmful or inappropriate content;
Exposure to dangerous people;
Cyberbullying;
Oversharing personal information;
Exposure to excessive advertisements;
Privacy concerns, including the collection of data about minors;
Identity theft or being hacked; and
Interference with sleep, exercise, homework, or family activities.
10
Additionally, a 2022 study conducted by social media and psychology scholars found a link between
social media use and poor mental health, especially among girls.
11
Such study demonstrated that girls
experience a consistent and substantial association between mental health and social media, and such
associations were stronger than links between mental health and binge drinking, sexual assault,
obesity, and hard drug use.
12
To attempt to reduce such effects on kids, Utah, Arkansas, Louisiana, and Ohio recently enacted laws
to require social media platforms to verify user age and require parental consent for minors to have an
account.
13
Department of Legal Affairs
The Office of the Attorney General, also known as the Department of Legal Affairs (DLA), provides a
wide variety of legal services, including defending the state in civil litigation cases, representing the
people of Florida in criminal appeals in state and federal courts, protecting rights of children,
consumers, and victims through its various protection programs, and investigating and litigating against
businesses that seek to limit competition and defraud taxpayers.
14
HB 1
HB 1, to which this bill is linked, requires social media platforms to:
Verify the age of a person wishing to open a new account,
Prohibit minors under 16 years of age from creating a new account, and
Implement certain Internet safety measures for minors under 18 years of age.
DLA, upon belief that a social media platform is in violation of the bill, may bring an action under the
Florida Unfair or Deceptive Trade Practices Act. A private cause of action is permitted in certain limited
circumstances.
9
Mayo Clinic Staff, Teens and social media use: What's the impact?, Mayo Foundation for Medical Education and Research,
https://www.mayoclinic.org/healthy-lifestyle/tween-and-teen-health/in-depth/teens-and-social-media-use/art-20474437 (last visited
Jan. 6, 2024).
10
Loyola Medicine, Social Media Safety for Kids and Teens, https://www.loyolamedicine.org/about-us/blog/social-media-safety-kids-
teens, (last visited Jan. 6, 2024)
11
Jean Twenge, Jonathan Haidt, Jimmy Lozano, and Kevin Cummins, Specification curve analysis shows that social media use is
linked to poor mental health, especially among girls, 224 Acta Psychologica, (April 2022),
https://www.sciencedirect.com/science/article/pii/S0001691822000270 (last visited Jan. 6, 2024); Jean Twenge, et al, infra note 12.
12
Jean Twenge, et al, Social media is riskier for kids than ‘screen time’, The Washington Post, Feb. 16, 2022,
https://www.washingtonpost.com/opinions/2022/02/16/social-media-is-riskier-kids-than-screen-time/ (last visited Jan. 8, 2024).
13
Ch. 498, Laws of Utah 2023; Act No. 441, 2023 La. Acts; 2023 Ark. Acts 689; Ohio House Bill 33 - 135th General Assembly.
14
OPPAGA, Office of the Attorney General (Department of Legal Affairs),
https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=1026 (last visited Mar. 31, 2023). STORAGE NAME: h1377a.RRS PAGE: 4
DATE: 1/11/2024
Effect of Proposed Changes
The bill creates a public record exemption for all information received by DLA pursuant to a notification
or investigation by DLA or a law enforcement agency of a violation of certain statutory requirements.
Such information is made confidential and exempt
15
from public record requirements.
During an active investigation, information made confidential and exempt may be disclosed by DLA:
In the furtherance of its official duties and responsibilities;
• For print, publication, or broadcast if DLA determines that such release would assist in notifying
the public or locating or identifying a person that DLA believes to be a victim of a data breach or
improper use or disposal of customer records, except that information made confidential and
exempt after an investigation may not be released in this manner; or
• To another governmental entity in the furtherance of the receiving entity’s official duties and
responsibilities.
Once an investigation is completed or once an investigation ceases to be active, the following
information received by DLA remains confidential and exempt:
All information to which another public records exemption applies;
Personal information;
A computer forensic report;
Information that would otherwise reveal weaknesses in a social media platform’s data security;
and
Information that would otherwise disclose a social media platform’s proprietary information.
The bill defines the term "proprietary information" to mean information that:
Is owned or controlled by the social media platform;
Is intended to be private and is treated by the social media platform as private because
disclosure would harm the social media platform or its business operations;
Has not been disclosed except as required by law or through a private agreement that provides
that the information will not be released to the public;
Is not publicly available or otherwise readily ascertainable through proper means from another
source in the same configuration as received by DLA; and
Includes trade secrets and competitive interests.
The bill provides a public necessity statement as required by article I, s. 24(c) of the Florida
Constitution. The public necessity statement provides that, if released, information received by DLA
pursuant to an investigation by DLA or a law enforcement agency could:
Frustrate or thwart the investigation and impair the ability of DLA to perform assigned functions;
Undo a specific statutory exemption protecting the information;
Be used for the purpose of identity theft;
Result in the identification of vulnerabilities; and
Result in economic harm.
The bill provides that the public record exemption is subject to the Open Government Sunset Review
Act and will repeal on October 2, 2029, unless the Legislature reviews and reenacts the exemption by
that date.
The bill will become effective on the same date that HB 1 or similar legislation takes effect, if such
legislation is adopted in the same legislative session or an extension thereof and becomes a law.
15
There is a difference between records the Legislature designates exempt from public record requirements and those the Legislature
deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circumstances.
See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So.2d 1015 (Fla. 2004); City of
Rivera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5
th
DCA
1991). If the Legislature designates a record as confidential and exempt from public disclosure, such record may not be released by the
custodian of public records, to anyone other than the persons or entities specifically designated in statute. See Op. Att’y Gen. Fla.
(1985). STORAGE NAME: h1377a.RRS PAGE: 5
DATE: 1/11/2024
B. SECTION DIRECTORY:
Section 1: Creates a public record exemption for investigations related to s. 501.1736, F.S.
Section 2: Provides a public necessity statement as required by the Florida Constitution.
Section 3: Provides an effective date of the same date that HB 1 or similar legislation takes effect, if
such legislation is adopted in the same legislative session or an extension thereof and
becomes law.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill may have a minimal fiscal impact on DLA because agency staff responsible for complying with
public records requests may require training related to the creation of the public record exemption. DLA
could incur costs associated with redacting the confidential and exempt information prior to releasing a
record. The costs, however, would be absorbed by existing resources, as they are part of the day-to-
day responsibilities of agencies.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.
2. Other:
Vote Requirement
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record or public meeting exemption.
The bill creates a public record exemption; thus, it requires a two-thirds vote for final passage.
STORAGE NAME: h1377a.RRS PAGE: 6
DATE: 1/11/2024
Public Necessity Statement
Article I, s. 24(c) of the Florida Constitution requires a public necessity statement for a newly created
or expanded public record or public meeting exemption. The bill creates a public record exemption;
thus, it includes a public necessity statement. The public necessity statement provides that, if
released, information received by DLA pursuant to an investigation could frustrate or thwart the
investigation and impair the ability of DLA to perform assigned functions, undo a specific statutory
exemption protecting the information, be used for the purpose of identity theft, result in the
identification of vulnerabilities, and result in economic harm.
Breadth of Exemption
Article I, s. 24(c) of the Florida Constitution requires a newly created or expanded public record or
public meeting exemption to be no broader than necessary to accomplish the stated purpose of the
law. The bill creates a public record exemption for sensitive investigative materials and personal
information, which does not appear to be broader than necessary to accomplish its purpose.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES