Signed by Governor Ron DeSantis

Vote Smart's Synopsis:

Vote to concur with amendments and pass a bill that prohibits social media companies from "deplatforming" political candidates by fining them $25,000 to $250,000 a day.

Highlights:

• Defines “antitrust violation” as any state or federal antitrust law as determined in a civil or criminal proceeding brought by the Attorney General, a state attorney, a similar body or agency of another state, the Federal Trade Commission, or the United States Department of Justice (Sec. 2.b).

• Defines “shadow ban” as an action by a social media platform, through any means, whether the action is determined by a natural person or an algorithm, to limit or eliminate the exposure of a user or content or material posted by a user to other users of the social media platform. This term includes acts of shadow banning by a social media platform that is not readily apparent to a user (Sec. 3.f).

• Prohibits a social media platform from knowingly deplatforming a candidate. Upon a finding of a violation of this section by the Elections Commission, the social media platform may be fined $100,000 per day for statewide candidates and $10,000 per day for other candidates (Sec. 1-2).

• Prohibits a public entity from accepting a bid, proposal, or reply from, award a new contract to, or transact new business with any person or affiliate on the antitrust violator vendor list unless that person or affiliate has been removed from the list (Sec. 2.b).

• Requires the Department of Justice to maintain an antitrust violator vendor list of the names and addresses of the people or affiliates who have been disqualified from the public contracting and purchasing process under this law (Sec. 2-3.b).

• Specifies in determining whether it is in the public interest to place a person or an affiliate on the antitrust violator vendor list under this paragraph, the administrative law judge will consider the following factors (Sec. 287.137-3.b):

• Whether the person or affiliate committed an antitrust violation.

• The nature and details of the antitrust violation.

• The degree of culpability of the person or affiliate proposed to be placed on the antitrust violator vendor list.

• Reinstatement or clemency in any jurisdiction concerning the antitrust violation at issue in the proceeding.

• The needs of public entities for additional competition in the procurement of goods and services in their respective markets.

• Prohibits a social media platform from censoring a user’s content or material or deplatform a user from the social media platform (Sec. 3.d):

• Without notifying the user who posted or attempted to post the content or material; or

• In a way that violates this part.

• Prohibits a social media platform from applying or use post- prioritization or shadowbanning algorithms for content and material posted by or about a user who is known by the social media platform to be a candidate, beginning from the date of qualification and ending on the date of the election or the date such candidate for office ceases to be a candidate before the date of the election (Sec. 3.h).

• Requires a social media platform to allow a user who has been deplatformed to access or retrieve all of the user’s information, content, material, and data for at least 60 days after being deplatformed (Sec. 3.i).

• Specifies a user may only bring a private cause of action for violations. In a private cause of action the court may award the following damages to the user (Sec. 3-6):

• Up to $100,000 in statutory damages per proven claim;

• Actual damages;

• If aggravating factors are present, punitive damages;

• Other forms of equitable relief; and

• If the user was deplatformed, costs and reasonable attorney fees.

Full Bill Text

Vote Smart's Synopsis:

Vote to concur with amendments and amend a bill that prohibits social media companies from "deplatforming" political candidates by fining them $25,000 to $250,000 a day.

Highlights:

• Defines “antitrust violation” as any state or federal antitrust law as determined in a civil or criminal proceeding brought by the Attorney General, a state attorney, a similar body or agency of another state, the Federal Trade Commission, or the United States Department of Justice (Sec. 2.b).

• Defines “shadow ban” as an action by a social media platform, through any means, whether the action is determined by a natural person or an algorithm, to limit or eliminate the exposure of a user or content or material posted by a user to other users of the social media platform. This term includes acts of shadow banning by a social media platform that is not readily apparent to a user (Sec. 3.f).

• Prohibits a social media platform from knowingly deplatforming a candidate. Upon a finding of a violation of this section by the Elections Commission, the social media platform may be fined $100,000 per day for statewide candidates and $10,000 per day for other candidates (Sec. 1-2).

• Prohibits a public entity from accepting a bid, proposal, or reply from, award a new contract to, or transact new business with any person or affiliate on the antitrust violator vendor list unless that person or affiliate has been removed from the list (Sec. 2.b).

• Requires the Department of Justice to maintain an antitrust violator vendor list of the names and addresses of the people or affiliates who have been disqualified from the public contracting and purchasing process under this law (Sec. 2-3.b).

• Specifies in determining whether it is in the public interest to place a person or an affiliate on the antitrust violator vendor list under this paragraph, the administrative law judge will consider the following factors (Sec. 287.137-3.b):

• Whether the person or affiliate committed an antitrust violation.

• The nature and details of the antitrust violation.

• The degree of culpability of the person or affiliate proposed to be placed on the antitrust violator vendor list.

• Reinstatement or clemency in any jurisdiction concerning the antitrust violation at issue in the proceeding.

• The needs of public entities for additional competition in the procurement of goods and services in their respective markets.

• Prohibits a social media platform from censoring a user’s content or material or deplatform a user from the social media platform (Sec. 3.d):

• Without notifying the user who posted or attempted to post the content or material; or

• In a way that violates this part.

• Prohibits a social media platform from applying or use post- prioritization or shadowbanning algorithms for content and material posted by or about a user who is known by the social media platform to be a candidate, beginning from the date of qualification and ending on the date of the election or the date such candidate for office ceases to be a candidate before the date of the election (Sec. 3.h).

• Requires a social media platform to allow a user who has been deplatformed to access or retrieve all of the user’s information, content, material, and data for at least 60 days after being deplatformed (Sec. 3.i).

• Specifies a user may only bring a private cause of action for violations. In a private cause of action the court may award the following damages to the user (Sec. 3-6):

• Up to $100,000 in statutory damages per proven claim;

• Actual damages;

• If aggravating factors are present, punitive damages;

• Other forms of equitable relief; and

• If the user was deplatformed, costs and reasonable attorney fees.

Full Bill Text