Florida Senate - 2021 SB 7072 By the Committee on Governmental Oversight and Accountability 585-03840-21 20217072__ Page 1 of 19 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to social media platforms; creating s. 2 106.072, F.S.; defining terms; prohibiting a social 3 media platform from knowingly deplatforming a 4 candidate; providing fines for violations; authorizing 5 social media platforms to provide free advertising for 6 candidates under specified conditions; providing 7 enforcement authority consistent with federal and 8 state law; creating s. 287.137, F.S.; defining terms; 9 providing requirements for public contracts and 10 economic incentives related to entities that have been 11 convicted or held civilly liable for antitrust 12 violations; prohibiting a public entity from entering 13 into any type of contract with a person or an 14 affiliate on the antitrust violator vendor list; 15 providing applicability; requiring certain contract 16 documents to contain a specified statement; requiring 17 the Department of Management Services to maintain a 18 list of people or affiliates disqualified from the 19 public contracting and purchasing process; specifying 20 requirements for publishing such list; providing 21 procedures for placing a person or an affiliate on the 22 list; providing procedural and legal rights for a 23 person or affiliate to challenge placement on the 24 list; providing a procedure for temporarily placing a 25 person on an antitrust violator vendor list; providing 26 procedural and legal rights for a person to challenge 27 temporary placement on the list; specifying conditions 28 for removing certain entities and affiliates from the 29

Florida Senate - 2021 SB 7072 585-03840-21 20217072__ Page 2 of 19 CODING: Words stricken are deletions; words underlined are additions. list; authorizing a person, under specified 30 conditions, to retain rights or obligations under 31 existing contracts or binding agreements; prohibiting 32 a person who has been placed on the antitrust violator 33 vendor list from receiving certain economic 34 incentives; providing exceptions; providing 35 enforcement authority consistent with federal and 36 state law; creating s. 501.2041, F.S.; defining terms; 37 providing that social media platforms that fail to 38 comply with specified requirements and prohibitions 39 commit an unfair or deceptive act or practice; 40 requiring a notification given by a social media 41 platform for censoring content or deplatforming a user 42 to contain certain information; providing an exception 43 to the notification requirements; authorizing the 44 Department of Legal Affairs to investigate suspected 45 violations under the Deceptive and Unfair Trade 46 Practices Act and bring specified actions for such 47 violations; specifying circumstances under which a 48 private cause of action may be brought; specifying how 49 damages are to be calculated; providing construction 50 for violations of certain provisions of this act; 51 granting the department specified subpoena powers; 52 providing enforcement authority consistent with 53 federal and state law; amending s. 501.212, F.S.; 54 conforming a provision to changes made by the act; 55 providing for severability; providing an effective 56 date. 57 58

Florida Senate - 2021 SB 7072 585-03840-21 20217072__ Page 3 of 19 CODING: Words stricken are deletions; words underlined are additions. Be It Enacted by the Legislature of the State of Florida: 59 60

Section

Section 106.072, Florida Statutes, is created to 61 read: 62 106.072 Social media deplatforming of political 63 candidates.— 64

(1) As used in this section, the term: 65 (a) “Candidate” has the same meaning as in s. 66 106.011(3)(e). 67 (b) “Deplatform” has the same meaning as in s. 501.2041. 68 (c) “Social media platform” has the same meaning as in s. 69 501.2041. 70

(2) A social media platform may not knowingly deplatform a 71 candidate. Upon a finding of a violation of this

section by the 72 Elections Commission, in addition to the remedies provided in 73 ss. 106.265 and 106.27, the social media platform may be fined 74 $100,000 per day for statewide candidates and $10,000 per day 75 for other candidates. 76

(3) A social media platform that knowingly provides free 77 advertising for a candidate must inform the candidate of such 78 in-kind contribution. Posts, content, material, and comments by 79 candidates which are shown on the platform in the same or 80 similar way as other users’ posts, content, material, and 81 comments are not considered free advertising. 82

(4) This

section may only be enforced to the extent not 83 inconsistent with federal law and 47 U.S.C. s. 230(e)(3), and 84 notwithstanding any other provision of state law. 85

Section

Section 287.137, Florida Statutes, is created to 86 read: 87

Florida Senate - 2021 SB 7072 585-03840-21 20217072__ Page 4 of 19 CODING: Words stricken are deletions; words underlined are additions. 287.137 Antitrust violations; denial or revocation of the 88 right to transact business with public entities; denial of 89 economic benefits.— 90

(1) As used in this section, the term: 91 (a) “Affiliate” means: 92 1. A predecessor or successor of a person convicted of or 93 held civilly liable for an antitrust violation; or 94 2. An entity under the control of any natural person who is 95 active in the management of the entity and who has been 96 convicted of or held civilly liable for an antitrust violation. 97 The term includes those officers, directors, executives, 98 partners, shareholders, employees, members, and agents who are 99 active in the management of an affiliate.

The ownership by one 100 person of shares constituting a controlling interest in another 101 person, or a pooling of equipment or income among persons when 102 not for fair market value under an arm’s length agreement, is a 103 prima facie case that one person controls another person.

The 104 term also includes a person who knowingly enters into a joint 105 venture with a person who has violated an antitrust law during 106 the preceding 36 months. 107 (b) “Antitrust violation” means any state or federal 108 antitrust law as determined in a civil or criminal proceeding 109 brought by the Attorney General, a state attorney, a similar 110 body or agency of another state, the Federal Trade Commission, 111 or the United States Department of Justice. 112 (c) “Antitrust violator vendor list” means the list 113 required to be kept by the department pursuant to paragraph 114 (3)(b). 115 (d) “Conviction or being held civilly liable” or “convicted 116

Florida Senate - 2021 SB 7072 585-03840-21 20217072__ Page 5 of 19 CODING: Words stricken are deletions; words underlined are additions. or held civilly liable” means a criminal finding of guilt or 117 conviction, with or without an adjudication of guilt, being held 118 civilly liable, or having a judgment levied for an antitrust 119 violation in any federal or state trial court of record relating 120 to charges brought by indictment, information, or complaint on 121 or after July 1, 2021, as a result of a jury verdict, nonjury 122 trial, or entry of a plea of guilty or nolo contendere or other 123 order finding of liability. 124 (e) “Economic incentives” means state grants, cash grants, 125 tax exemptions, tax refunds, tax credits, state funds, and other 126 state incentives under

chapter 288 or administered by Enterprise 127 Florida, Inc. 128 (f) “Person” means a natural person or an entity organized 129 under the laws of any state or of the United States which 130 operates as a social media platform, as defined in s. 501.2041, 131 with the legal power to enter into a binding contract and which 132 bids or applies to bid on contracts let by a public entity, or 133 which otherwise transacts or applies to transact business with a 134 public entity.

The term includes those officers, directors, 135 executives, partners, shareholders, employees, members, and 136 agents who are active in the management of an entity. 137 (g) “Public entity” means the state and any of its 138 departments or agencies. 139 (2)(

a) A person or an affiliate who has been placed on the 140 antitrust violator vendor list following a conviction or being 141 held civilly liable for an antitrust violation may not submit a 142 bid, proposal, or reply for any new contract to provide any 143 goods or services to a public entity; may not submit a bid, 144 proposal, or reply for a new contract with a public entity for 145

Florida Senate - 2021 SB 7072 585-03840-21 20217072__ Page 6 of 19 CODING: Words stricken are deletions; words underlined are additions. the construction or repair of a public building or public work; 146 may not submit a bid, proposal, or reply on new leases of real 147 property to a public entity; may not be awarded or perform work 148 as a contractor, supplier, subcontractor, or consultant under a 149 new contract with a public entity; and may not transact new 150 business with a public entity. 151 (

b) A public entity may not accept a bid, proposal, or 152 reply from, award a new contract to, or transact new business 153 with any person or affiliate on the antitrust violator vendor 154 list unless that person or affiliate has been removed from the 155 list pursuant to paragraph (3)(e). 156 (

c) This subsection does not apply to contracts that were 157 awarded or business transactions that began before a person or 158 an affiliate was placed on the antitrust violator vendor list or 159 before July 1, 2021. 160 (3)(

a) Beginning July 1, 2021, all invitations to bid, 161 requests for proposals, and invitations to negotiate, as those 162 terms are defined in s. 287.012, and any contract document 163 described in s. 287.058 must contain a statement informing 164 persons of the provisions of paragraph (2)(a). 165 (

b) The department shall maintain an antitrust violator 166 vendor list of the names and addresses of the people or 167 affiliates who have been disqualified from the public 168 contracting and purchasing process under this section. The 169 department shall electronically publish the initial antitrust 170 violator vendor list on January 1, 2022, and shall update and 171 electronically publish the list quarterly thereafter. 172 Notwithstanding this paragraph, a person or an affiliate 173 disqualified from the public contracting and purchasing process 174

Florida Senate - 2021 SB 7072 585-03840-21 20217072__ Page 7 of 19 CODING: Words stricken are deletions; words underlined are additions. pursuant to this

section is disqualified as of the date the 175 final order is entered. 176 (c)1. Upon receiving reasonable information from any source 177 that a person was convicted or held civilly liable, the 178 department shall investigate the information and determine 179 whether good cause exists to place that person or an affiliate 180 of that person on the antitrust violator vendor list.

If good 181 cause exists, the department shall notify the person or 182 affiliate in writing of its intent to place the name of that 183 person or affiliate on the antitrust violator vendor list and of 184 the person’s or affiliate’s right to a hearing, the procedure 185 that must be followed, and the applicable time requirements. If 186 the person or affiliate does not request a hearing, the 187 department shall enter a final order placing the name of the 188 person or affiliate on the antitrust violator vendor list.

A 189 person or an affiliate may not be placed on the antitrust 190 violator vendor list without receiving an individual notice of 191 intent from the department. 192 2. Within 21 days after receipt of the notice of intent, 193 the person or affiliate may file a petition for a formal hearing 194 under ss. 120.569 and 120.57(1) to determine whether it is in 195 the public interest for the person or affiliate to be placed on 196 the antitrust violator vendor list. A person or an affiliate may 197 not file a petition for an informal hearing under s. 120.57(2). 198 The procedures of

chapter 120 shall apply to any formal hearing 199 under this paragraph except, within 30 days after the formal 200 hearing or receipt of the hearing transcript, whichever is 201 later, the administrative law judge shall enter a final order 202 that shall consist of findings of fact, conclusions of law, 203

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interpretation of agency rules, and any other information 204 required by law or rule to be contained in the final order. The 205 final order shall direct the department to place or not place 206 the person or affiliate on the antitrust violator vendor list. 207 The final order of the administrative law judge is final agency 208 action for purposes of s. 120.68. 209 3. In determining whether it is in the public interest to 210 place a person or an affiliate on the antitrust violator vendor 211 list under this paragraph, the administrative law judge shall 212 consider the following factors: 213 a.

Whether the person or affiliate committed an antitrust 214 violation. 215 b. The nature and details of the antitrust violation. 216 c. The degree of culpability of the person or affiliate 217 proposed to be placed on the antitrust violator vendor list. 218 d. Reinstatement or clemency in any jurisdiction in 219 relation to the antitrust violation at issue in the proceeding. 220 e. The needs of public entities for additional competition 221 in the procurement of goods and services in their respective 222 markets. 223 4.

In any proceeding under this paragraph, the department 224 must prove that it is in the public interest for the person or 225 affiliate to whom it has given notice under this paragraph to be 226 placed on the antitrust violator vendor list. Proof that a 227 person was convicted or was held civilly liable or that an 228 entity is an affiliate of such person constitutes a prima facie 229 case that it is in the public interest for the person or 230 affiliate to whom the department has given notice to be put on 231 the antitrust violator vendor list. Status as an affiliate must 232

Florida Senate - 2021 SB 7072 585-03840-21 20217072__ Page 9 of 19 CODING: Words stricken are deletions; words underlined are additions. be proven by clear and convincing evidence. If the 233 administrative law judge determines that the person was not 234 convicted or that the person was not civilly liable or is not an 235 affiliate of such person, that person or affiliate may not be 236 placed on the antitrust violator vendor list. 237 5.

Any person or affiliate who has been notified by the 238 department of its intent to place his or her name on the 239 antitrust violator vendor list may offer evidence on any 240 relevant issue. An affidavit alone does not constitute competent 241 substantial evidence that the person has not been convicted or 242 is not an affiliate of a person convicted or held civilly 243 liable.

Upon establishment of a prima facie case that it is in 244 the public interest for the person or affiliate to whom the 245 department has given notice to be put on the antitrust violator 246 vendor list, the person or affiliate may prove by a 247 preponderance of the evidence that it would not be in the public 248 interest to put him or her on the antitrust violator vendor 249 list, based upon evidence addressing the factors in subparagraph 250 3. 251 (d)1.

If a person has been charged or accused of any state 252 or federal antitrust law in a civil or criminal proceeding 253 brought by the Attorney General, a state attorney, the Federal 254 Trade Commission, or the United States Department of Justice on 255 or after July 1, 2021, the Attorney General may, by a finding of 256 probable cause that a person has likely violated the underlying 257 antitrust laws, temporarily place such person on the antitrust 258 violator vendor list until such proceeding has concluded. 259 2.

If probable cause exists, the Attorney General shall 260 notify the person in writing of its intent to temporarily place 261

Florida Senate - 2021 SB 7072 585-03840-21 20217072__ Page 10 of 19 CODING: Words stricken are deletions; words underlined are additions. the name of that person on the antitrust violator vendor list, 262 and of the person’s right to a hearing, the procedure that must 263 be followed, and the applicable time requirements. If the person 264 does not request a hearing, the Attorney General shall enter a 265 final order temporarily placing the name of the person on the 266 antitrust violator vendor list.

A person may not be placed on 267 the antitrust violator vendor list without receiving an 268 individual notice of intent from the Attorney General. 269 3. Within 21 days after receipt of the notice of intent, 270 the person may file a petition for a formal hearing pursuant to 271 ss. 120.569 and 120.57(1) to determine whether it is in the 272 public interest for the person to be temporarily placed on the 273 antitrust violator vendor list. A person may not file a petition 274 for an informal hearing under s. 120.57(2). The procedures of 275

chapter 120 shall apply to any formal hearing under this 276 paragraph. 277 4. In determining whether it is in the public interest to 278 place a person on the antitrust violator vendor list under this 279 paragraph, the administrative law judge shall consider the 280 following factors: 281 a. The likelihood the person committed the antitrust 282 violation. 283 b. The nature and details of the antitrust violation. 284 c. The degree of culpability of the person proposed to be 285 placed on the antitrust violator vendor list. 286 d.

The needs of public entities for additional competition 287 in the procurement of goods and services in their respective 288 markets. 289 5. This paragraph does not apply to affiliates. 290

Florida Senate - 2021 SB 7072 585-03840-21 20217072__ Page 11 of 19 CODING: Words stricken are deletions; words underlined are additions. (e)1. A person or an affiliate may be removed from the 291 antitrust violator vendor list subject to such terms and 292 conditions as may be prescribed by the administrative law judge 293 upon a determination that removal is in the public interest. In 294 determining whether removal would be in the public interest, the 295 administrative law judge must consider any relevant factors, 296 including, but not limited to, the factors identified in 297 subparagraph (c)3.

Upon proof that a person was found not guilty 298 or not civilly liable, the antitrust violation case was 299 dismissed, the court entered a finding in the person’s favor, 300 the person’s conviction or determination of liability has been 301 reversed on appeal, or the person has been pardoned, the 302 administrative law judge shall determine that removal of the 303 person or an affiliate of that person from the antitrust 304 violator vendor list is in the public interest.

A person or an 305 affiliate on the antitrust violator vendor list may petition for 306 removal from the list no sooner than 6 months after the date a 307 final order is entered pursuant to this

section but may petition 308 for removal at any time if the petition is based upon a reversal 309 of the conviction or liability on appellate review or pardon. 310 The petition must be filed with the department, and the 311 proceeding must be conducted pursuant to the procedures and 312 requirements of this subsection. 313 2. If the petition for removal is denied, the person or 314 affiliate may not petition for another hearing on removal for a 315 period of 9 months after the date of denial unless the petition 316 is based upon a reversal of the conviction on appellate review 317 or a pardon.

The department may petition for removal before the 318 expiration of such period if, in its discretion, it determines 319

Florida Senate - 2021 SB 7072 585-03840-21 20217072__ Page 12 of 19 CODING: Words stricken are deletions; words underlined are additions. that removal would be in the public interest. 320

(4) The conviction of a person or a person held civilly 321 liable for an antitrust violation, or placement on the antitrust 322 violator vendor list, does not affect any rights or obligations 323 under any contract, franchise, or other binding agreement that 324 predates such conviction or placement on the antitrust violator 325 vendor list. 326

(5) A person who has been placed on the antitrust violator 327 vendor list is not a qualified applicant for economic incentives 328 under

chapter 288, and such entity shall not be qualified to 329 receive such economic incentives. 330

(6) This

section does not apply to any activities regulated 331 by the Public Service Commission or to the purchase of goods or 332 services made by any public entity from the Department of 333 Corrections, from the nonprofit corporation organized under 334

chapter 946, or from any qualified nonprofit agency for the 335 blind or any qualified nonprofit agency for other severely 336 handicapped persons under ss. 413.032-413.037. 337

(7) This

section may only be enforced to the extent not 338 inconsistent with federal law and notwithstanding any other 339 provision of state law. 340

Section

Section 501.2041, Florida Statutes, is created 341 to read: 342 501.2041 Unlawful acts and practices by social media 343 platforms.— 344

(1) As used in this section, the term: 345 (a) “Algorithm” means a mathematical set of rules that 346 specifies how a group of data behaves and that will assist in 347 ranking search results and maintaining order or that is used in 348

Florida Senate - 2021 SB 7072 585-03840-21 20217072__ Page 13 of 19 CODING: Words stricken are deletions; words underlined are additions. sorting or ranking content or material based on relevancy or 349 other factors instead of using published time or chronological 350 order of such content or material. 351 (b) “Censor” includes any action taken by a social media 352 platform to delete, regulate, restrict, edit, alter, inhibit the 353 publication or republication of, suspend a right to post, 354 remove, or post an addendum to any content or material posted by 355 a user.

The term also includes actions to inhibit the ability of 356 a user to be viewable by or to interact with another user of the 357 social media platform. 358 (c) “Deplatform” means the action or practice by a social 359 media platform to permanently delete or ban a user or to 360 temporarily delete or ban a user from the social media platform 361 for more than 60 days. 362 (d) “Journalistic enterprise” means an entity that: 363 1. Publishes in excess of 100,000 words available online 364 with at least 50,000 paid subscribers or 100,000 monthly active 365 users; 366 2.

Publishes 100 hours of audio or video available online 367 with at least 100 million viewers annually; 368 3. Operates a cable channel that provides more than 40 369 hours of content per week to more than 100,000 cable television 370 subscribers; or 371 4. Operates under a broadcast license issued by the Federal 372 Communications Commission. 373 (e) “Post-prioritization” means action by a social media 374 platform to place, feature, or prioritize certain content or 375 material ahead of, below, or in a more or less prominent 376 position than others in a newsfeed, a feed, a view, or in search 377

Florida Senate - 2021 SB 7072 585-03840-21 20217072__ Page 14 of 19 CODING: Words stricken are deletions; words underlined are additions. results. The term does not include post-prioritization of 378 content and material based on payments by a third party, 379 including other users, to the social media platform. 380 (f) “Shadow ban” means action by a social media platform, 381 through any means, whether the action is determined by a natural 382 person or an algorithm, to limit or eliminate the exposure of a 383 user or content or material posted by a user to other users of 384 the social media platform.

This term includes acts of shadow 385 banning by a social media platform which are not readily 386 apparent to a user. 387 (g) “Social media platform” means any technology platform 388 or access software provider that does business in the state and 389 provides or enables computer access by multiple users in a 390 public digital forum for the primary purpose of connecting with 391 other users and creating and sharing user generated content over 392 the Internet.

The Internet platform or social media site may be 393 a sole proprietorship, partnership, limited liability company, 394 corporation, association, or other legal entity that does 395 business in this state and that satisfies at least one of the 396 following thresholds: 397 1. Has annual gross revenues in excess of $100 million, as 398 adjusted in January of each odd-numbered year to reflect any 399 increase in the Consumer Price Index. 400 2.

Has at least 100 million monthly individual platform 401 participants globally. 402 (h) “User” means a person who resides or is domiciled in 403 this state and who has an account on a social media platform, 404 regardless of whether the person posts or has posted content or 405 material to the social media platform. 406

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(2) A social media platform that fails to comply with any 407 of the provisions of this subsection commits an unfair or 408 deceptive act or practice as specified in s. 501.204. 409 (

a) A social media platform must publish the standards, 410 including detailed

definitions, it uses or has used for 411 determining how to censor, deplatform, and shadow ban. 412 (

b) A social media platform must apply censorship, 413 deplatforming, and shadow banning standards in a consistent 414 manner among its users on the platform. 415 (

c) A social media platform must inform each user about any 416 changes to its user rules, terms, and agreements before 417 implementing the changes and may not make changes more than once 418 every 30 days. 419 (

d) A social media platform may not censor a user’s content 420 or material or deplatform a user from the social media platform: 421 1. Without notifying the user who posted or attempted to 422 post the content or material; or 423 2. In a way that violates this part. 424 (

e) A social media platform must: 425 1. Provide a mechanism that allows a user to request the 426 number of other individual platform participants who were 427 provided or shown the user’s content or posts. 428 2. Provide, upon request, a user with the number of other 429 individual platform participants who were provided or shown 430 content or posts. 431 (

f) A social media platform must: 432 1. Categorize algorithms used for post-prioritization and 433 shadow banning. 434 2. Allow a user to opt out of post-prioritization and 435

Florida Senate - 2021 SB 7072 585-03840-21 20217072__ Page 16 of 19 CODING: Words stricken are deletions; words underlined are additions. shadow banning algorithm categories to allow sequential or 436 chronological posts and content. 437 (

g) A social media platform must provide users with an 438 annual notice on the use of algorithms for post-prioritization 439 and shadow banning and reoffer annually the opt-out opportunity 440 in subparagraph (f)2. 441 (

h) A social media platform may not apply or use post-442 prioritization or shadow banning algorithms for content and 443 material posted by or about a user who is known by the social 444 media platform to be a candidate as defined in s. 106.011(3)(e), 445 beginning from the date of qualification and ending on the date 446 of the election or the date such candidate for office ceases to 447 be a candidate before the date of election.

Post-prioritization 448 of certain content or material from or about a candidate for 449 office based on payments to the social media platform by such 450 candidate for office or a third party is not a violation of this 451 paragraph. Social media platforms must provide users with a 452 method to identify themselves as qualified candidates and may 453 confirm such qualification by reviewing the website of the 454 Division of Elections of the Department of State. 455 (

i) A social media platform must allow a user who has been 456 deplatformed to access or retrieve all of the user’s 457 information, content, material, and data for at least 60 days 458 after being deplatformed. 459 (

j) A social media platform may not take any action to 460 censor, deplatform, or shadow ban a journalistic enterprise 461 based on the content of its publication or broadcast. Post-462 prioritization of certain journalistic enterprise content based 463 on payments to the social media platform by such journalistic 464

Florida Senate - 2021 SB 7072 585-03840-21 20217072__ Page 17 of 19 CODING: Words stricken are deletions; words underlined are additions. enterprise is not a violation of this paragraph. 465

(3) For purposes of subparagraph (2)(d)1., a notification 466 must: 467 (

a) Be in writing. 468 (

b) Be delivered via electronic mail or direct electronic 469 notification to the user within 30 days after the censoring 470 action. 471 (

c) Include a thorough rationale explaining the reason that 472 the social media platform censored the user. 473 (

d) Include a precise and thorough explanation of how the 474 social media platform became aware of the censored content or 475 material, including a thorough explanation of the algorithms 476 used, if any, to identify or flag the user’s content or material 477 as objectionable. 478

(4) Notwithstanding any other provisions of this section, a 479 social media platform is not required to notify a user if the 480 censored content or material is obscene as defined in s. 481 847.001. 482

(5) If the department, by its own inquiry or as a result of 483 a complaint, suspects that a violation of this

section is 484 imminent, occurring, or has occurred, the department may 485 investigate the suspected violation in accordance with this 486 part. Based on its investigation, the department may bring a 487 civil or administrative action under this part. 488

(6) A user may only bring a private cause of action for 489 violations of paragraph (2)(

b) or subparagraph (2)(d)1. In a 490 private cause of action brought under paragraph (2)(

b) or 491 subparagraph (2)(d)1., the court may award the following damages 492 to the user: 493

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a) Up to $100,000 in statutory damages per proven claim. 494 (

b) Actual damages. 495 (

c) If aggravating factors are present, punitive damages. 496 (

d) Other forms of equitable relief. 497 (

e) If the user was deplatformed in violation of paragraph 498 (2)(b), costs and reasonable attorney fees. 499

(7) For purposes of bringing an action under subsection (2) 500 or subsection (6), each failure to comply with the individual 501 provisions of subsection (2) shall be treated as a separate 502 violation, act, or practice. 503

(8) In an investigation by the department into alleged 504 violations of this section, the department’s investigative 505 powers include, but are not limited to, the ability to subpoena 506 any algorithm used by a social media platform related to any 507 alleged violation. 508

(9) This

section may only be enforced to the extent not 509 inconsistent with federal law and 47 U.S.C. s. 230(e)(3), and 510 notwithstanding any other provision of state law. 511

Section 4. Subsection (2) of

section 501.212, Florida 512 Statutes, is amended to read: 513 501.212 Application.—This part does not apply to: 514

(2) Except as provided in s. 501.2041, a publisher, 515 broadcaster, printer, or other person engaged in the 516 dissemination of information or the reproduction of printed or 517 pictorial matter, insofar as the information or matter has been 518 disseminated or reproduced on behalf of others without actual 519 knowledge that it violated this part. 520

Section 5. If any provision of this act or the application 521 thereof to any person or circumstance is held invalid, the 522

Florida Senate - 2021 SB 7072 585-03840-21 20217072__ Page 19 of 19 CODING: Words stricken are deletions; words underlined are additions. invalidity shall not affect other provisions or applications of 523 the act which can be given effect without the invalid provision 524 or application, and to this end the provisions of this act are 525 declared severable. 526

Section 6. This act shall take effect July 1, 2021. 527 528