This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1377c.SAC
DATE: 1/17/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1377 Pub. Rec./Investigations by the Department of Legal Affairs
SPONSOR(S): State Affairs Committee, Sirois, McFarland
TIED BILLS: CS/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 20 Y, 0 N, As CS Skinner Williamson
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 the
provisions of HB 1, may bring an action under the Florida Deceptive and Unfair Trade Practices Act. A private
cause of action is permitted in certain limited circumstances.
This bill creates a public record exemption for all information held by DLA pursuant to a notification or an
investigation of a violation. The bill provides that the confidential and exempt 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 in certain instances; 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:
• Information that is otherwise confidential or exempt;
• Personal identifying 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 record 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. It also includes a statement of public necessity as required by the Florida Constitution.
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 exemption. The bill creates a
public record exemption; thus, it requires a two-thirds vote for final passage. STORAGE NAME: h1377c.SAC PAGE: 2
DATE: 1/17/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Public Records
The Florida Constitution sets forth the state’s public policy regarding access to government records,
guaranteeing 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 an exemption
2
from public record requirements provided the exemption passes by a 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.
3
Current law also addresses the public policy regarding access to government records by guaranteeing
every person a right to inspect and copy any state, county, or municipal record, unless the record is
exempt.
4
Furthermore, the Open Government Sunset Review (OGSR) Act
5
provides that a public
record exemption may be created or maintained only if it serves an identifiable public purpose and the
“Legislature finds that the purpose is sufficiently compelling to override the strong public policy of open
government and that cannot be accomplished without the exemption.”
6
An identifiable public purpose is
served if the exemption meets one of the following purposes:
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption;
Protect 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
Protect trade or business secrets.
7
Pursuant to the OGSR Act, a new public record exemption, or the substantial amendment of an existing
public record exemption, is repealed on October 2nd of the fifth year following enactment, unless the
Legislature reenacts the exemption.
8
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.
9
1
Art. I, s. 24(a), Fla. Const.
2
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 s. 24, Art. I of the Florida Constitution. See s. 119.011(8), F.S.
3
Art. I, s. 24(c), Fla. Const.
4
See s. 119.01, F.S.
5
S. 119.15, F.S.
6
S. 119.15(6)(b), F.S.
7
Id.
8
S. 119.15(3), F.S.
9
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. 12, 2024). STORAGE NAME: h1377c.SAC PAGE: 3
DATE: 1/17/2024
Social media use by children can have negative effects on their health.
10
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.
11
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.
12
Such study demonstrated that girls
experience a consistent and substantial association between mental health and social media use, and
such associations were stronger than links between mental health and binge drinking, sexual assault,
obesity, and hard drug use.
13
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.
14
Department of Legal Affairs
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.
15
House Bill 1 (2024)
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.
10
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. 12, 2024).
11
American Academy of Child and Adolescent Psychiatry, Social Media and Teens, March 2018,
https://www.aacap.org/AACAP/Families_and_Youth/Facts_for_Families/FFF-Guide/Social-Media-and-Teens-100.aspx (last visited
Jan. 12, 2024); see also Loyola Medicine, Social Media Safety for Kids and Teens, https://www.loyolamedicine.org/about-
us/blog/social-media-safety-kids-teens, (last visited Jan. 12, 2024)
12
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. 12, 2024); Jean Twenge, et al, infra note 12.
13
Id.; see also 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. 12, 2024).
14
Ch. 498, Laws of Utah 2023; Act No. 456, 2023 La. Acts; 2023 Ark. Acts 689; Ohio House Bill 33 - 135th General Assembly.
15
OPPAGA, Office of the Attorney General (Department of Legal Affairs),
https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=1026 (last visited Jan. 12, 2024); see also ch. 16 and s.
20.11, F.S. STORAGE NAME: h1377c.SAC PAGE: 4
DATE: 1/17/2024
DLA, upon belief that a social media platform is in violation of the bill, may bring an action under the
Florida Deceptive and Unfair Trade Practices Act.
16
A private cause of action is permitted in certain
limited circumstances.
Effect of Proposed Changes
The bill creates a public record exemption for all information held by DLA pursuant to a notification or
an investigation of a violation by a social media platform of the requirements created by HB 1. Such
information is made confidential and exempt
17
from public record requirements until the investigation is
completed or is no longer active.
18
During an active investigation, the confidential and exempt information 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 DLA believes to be a victim of an improper use or
disposal of customer records, except that information which remains 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 ceases to be active, the following information held by DLA
remains confidential and exempt:
Information that is otherwise confidential or exempt;
Personal identifying 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.
19
The bill provides the constitutionally required public necessity statement, which states that, if released,
information held by DLA pursuant to a notification or an investigation of a violation by commercial
entities of the requirements created by HB 1 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.
16
Part II of Ch. 501, F.S. is known as the “Florida Deceptive and Unfair Trade Practices Act.” S. 501.201, F.S. The Florida Deceptive
and Unfair Trade Practices Act is a consumer and business protection measure that prohibits unfair methods of competition,
unconscionable acts or practices, and unfair or deceptive acts or practices in trade or commerce. S. 501.202, F.S.
17
There is a difference between records the Legislature designates exempt from public record requirements and those the Legislature
designates 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); State v. Wooten, 260 So. 3d 1060, 1070 (Fla. 4th DCA 2018); 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. 5th 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. 04-09 (2004).).
18
The bill states that the public record exemption should be construed in conformity with s. 119.071(2)(c), F.S. Section 119.071(2)(c),
F.S., creates an exemption for active criminal investigative and criminal intelligence information. Section 119.011(3), F.S., defines the
terms “criminal intelligence information,” “criminal investigative information,” and “active.”
19
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 reveals competitive interests. STORAGE NAME: h1377c.SAC PAGE: 5
DATE: 1/17/2024
The bill provides that the public record exemption is subject to the OGSR Act and will repeal on
October 2, 2029, unless reenacted by the Legislature.
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.
B. SECTION DIRECTORY:
Section 1: Amends s. 501.1736, F.S., as created by HB 1 (2024), to create 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 a contingent effective date.
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 record 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.
STORAGE NAME: h1377c.SAC PAGE: 6
DATE: 1/17/2024
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.
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 held by DLA pursuant to a notification or 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 information and personal
identifying information, which does not appear to be broader than necessary to accomplish its
purpose.
B. RULE-MAKING AUTHORITY:
The bill does not require rulemaking, nor does the bill confer or alter DLA’s rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE S UBSTITUTE CHANGES
On January 17, 2024, the State Affairs Committee adopted a strike-all amendment and reported the bill
favorably as a committee substitute. The amendment revised the bill to use common phrases and terms
that exist in other public records statutes. The amendment also:
Clarified that the public record exemption applies to information held by DLA to ensure records
received or created by the department relating to its investigations of certain commercial entities is
protected.
Clarified that information that is otherwise confidential or exempt remains protected at the
conclusion of the investigation.
Removed a duplicative public record exemption for trade secrets.
Conformed the public necessary statement to the changes made to the public record exemption.
This analysis is drafted to the committee substitute as approved by the State Affairs Committee.