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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title IX
Chapter 106
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F.S. 106.072
106.072 Social media deplatforming of political candidates.
(1) As used in this section, the term:
(a) “Candidate” has the same meaning as in s. 106.011(3)(e).
(b) “Deplatform” has the same meaning as in s. 501.2041.
(c) “Social media platform” has the same meaning as in s. 501.2041.
(d) “User” has the same meaning as in s. 501.2041.
(2) A social media platform may not willfully deplatform a candidate for office who is known by the social media platform to be a candidate, beginning on the date of qualification and ending on the date of the election or the date the candidate ceases to be a candidate. A social media platform must provide each user a method by which the user may be identified as a qualified candidate and which provides sufficient information to allow the social media platform to confirm the user’s qualification by reviewing the website of the Division of Elections or the website of the local supervisor of elections.
(3) Upon a finding of a violation of subsection (2) by the Florida Elections Commission, in addition to the remedies provided in ss. 106.265 and 106.27, the social media platform may be fined $250,000 per day for a candidate for statewide office and $25,000 per day for a candidate for other offices.
(4) A social media platform that willfully provides free advertising for a candidate must inform the candidate of such in-kind contribution. Posts, content, material, and comments by candidates which are shown on the platform in the same or similar way as other users’ posts, content, material, and comments are not considered free advertising.
(5) This section may only be enforced to the extent not inconsistent with federal law and 47 U.S.C. s. 230(e)(3), and notwithstanding any other provision of state law.
History.s. 2, ch. 2021-32; s. 2, ch. 2022-267.