Florida 2024 Regular Session

Florida House Bill H1541 Latest Draft

Bill / Engrossed Version Filed 02/29/2024

                                    
 
CS/HB 1541, Engrossed 1 	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1541-02-e1 
Page 1 of 5 
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 transparency in social media; 2 
creating s. 501.20411, F.S.; providing a short title; 3 
providing legislative findings; providing definitions; 4 
requiring foreign-adversary-owned entities operating 5 
social media platforms in the state to publicly 6 
disclose specified information in a certain manner; 7 
requiring foreign-adversary-owned entities operating 8 
social media platforms to implement a user 9 
verification system for certain entities; providing 10 
penalties; requiring enforcement by the Department of 11 
Legal Affairs; providing severability; providing an 12 
effective date. 13 
 14 
Be It Enacted by the Legislature of the State of Florida: 15 
 16 
 Section 1.  Section 50 1.20411, Florida Statutes, is created 17 
to read: 18 
 501.20411  Transparency in Social Media Act. — 19 
 (1)  This section may be cited as the "Transparency in 20 
Social Media Act." 21 
 (2)  The Legislature finds that: 22 
 (a)  Social media platforms play a significant role in 23 
shaping public discourse and opinion. 24 
 (b)  Algorithms used by social media platforms can 25          
 
CS/HB 1541, Engrossed 1 	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1541-02-e1 
Page 2 of 5 
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 
 
 
 
influence user behavior and content visibility. 26 
 (c)  Transparency in the functioning of such algorithms and 27 
in political and social advertising is vital for safeg uarding 28 
democratic values and user privacy. 29 
 (d)  Ownership of social media platforms by foreign 30 
entities can raise concerns regarding foreign influence and data 31 
security. 32 
 (3)  For purposes of this section, the term: 33 
 (a)  "Algorithm" has the same meanin g as in s. 501.2041(1). 34 
 (b)  "Foreign-adversary-owned entity" or "entity" means a 35 
social media company that is more than 15 -percent owned or 36 
controlled by nationals, governments, or corporations domiciled, 37 
incorporated, or otherwise holding residence in a country 38 
designated as a foreign adversary under 15 C.F.R. s. 7.4. As 39 
used in this paragraph, the term "owned or controlled" means 40 
that a national, government, or corporation designated as a 41 
foreign adversary has power: 42 
 1.  Over the election of the directors, or of individuals 43 
exercising similar functions, for the entity; or 44 
 2.  To exercise influence over the management of the 45 
entity. 46 
 (c)  "Social media platform" means a public online service 47 
that allows users to create and share or participate in social 48 
networking. 49 
 (d)  "Social or political advertising" means any 50          
 
CS/HB 1541, Engrossed 1 	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1541-02-e1 
Page 3 of 5 
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 
 
 
 
advertisement on a social media platform that: 51 
 1.  References, or advocates for or against, a candidate 52 
for political office, a political or executive offici al, a 53 
political party, or a political action committee; 54 
 2.  References, or advocates for or against, an outcome or 55 
position in any election, referendum, ballot initiative, or 56 
voter registration campaign; 57 
 3.  References, advocates, or discusses matters of public 58 
policy, including, but not limited to, matters of foreign policy 59 
or diplomacy, healthcare, civil rights, economic matters, 60 
governance structures, or any other matters that pertain to 61 
governmental policymaking; 62 
 4.  Includes messaging, language, or graphics that a 63 
reasonable person might believe seeks to influence public 64 
opinion, debate, or discussion; or 65 
 5.  Is otherwise regulated as political advertising. 66 
 (4)(a)  Each foreign -adversary-owned entity operating a 67 
social media platform in the state m ust publicly disclose the 68 
core functional elements of the social media platform's content 69 
curation and algorithms. 70 
 (b)  The disclosure must identify: 71 
 1.  The factors that influence content ranking and 72 
visibility. 73 
 2.  Measures taken to address misinforma tion and harmful 74 
content. 75          
 
CS/HB 1541, Engrossed 1 	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1541-02-e1 
Page 4 of 5 
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 
 
 
 
 3.  The process of personalization and targeting of 76 
content. 77 
 (5)  Each foreign-adversary-owned entity operating a social 78 
media platform must make publicly available the source code of 79 
its algorithms through an open -source license. 80 
 (6)(a)  Each foreign -adversary-owned entity operating a 81 
social media platform must implement a user verification system 82 
for each user and organization that purchases advertisements 83 
concerning social or political issues. The system must verify 84 
key identifying information, including citizenship, residency, 85 
and age of the user or the individuals that own the 86 
organization, as applicable. 87 
 (b)  Once verified, the identity of the purchaser of each 88 
social or political advertisement must be disclosed with the 89 
advertisement. 90 
 (7)(a)  A foreign-adversary-owned entity operating a social 91 
media platform that violates this section is liable up to 92 
$10,000 for each discrete violation. 93 
 (b)  The Department of Legal Affairs shall enforce this 94 
section. 95 
 Section 2.  If any provision of this act or its application 96 
to any person or circumstances is held invalid, the invalidity 97 
does not affect other provisions or applications of this act 98 
which can be given effect without the invalid provision or 99 
application, and to this end t he provisions of this act are 100          
 
CS/HB 1541, Engrossed 1 	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1541-02-e1 
Page 5 of 5 
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 
 
 
 
severable. 101 
 Section 3.  This act shall take effect July 1, 2024. 102