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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS
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F.S. 112.23
112.23 Government-directed content moderation of social media platforms prohibited.
(1) As used in this section, the term:
(a) “Governmental entity” means any officer or employee of a state, county, district, authority, municipality, department, agency, division, board, bureau, commission, or other separate unit of government created or established by law, and includes any other public or private entity acting on behalf of such governmental entity.
(b) “Social media platform” means a form of electronic communication through which users create online communities or groups to share information, ideas, personal messages, and other content.
(2) A governmental entity may not communicate with a social media platform to request that it remove content or accounts from the social media platform.
(3) A governmental entity may not initiate or maintain any agreements or working relationships with a social media platform for the purpose of content moderation.
(4) Subsections (2) and (3) do not apply if the governmental entity or an officer or an employee acting on behalf of a governmental entity is acting as part of any of the following:
(a) Routine account management of the governmental entity’s account, including, but not limited to, the removal or revision of the governmental entity’s content or account or identification of accounts falsely posing as a governmental entity, officer, or salaried employee.
(b) An attempt to remove content that pertains to the commission of a crime or violation of this state’s public records law.
(c) An attempt to remove an account that pertains to the commission of a crime or violation of this state’s public records law.
(d) An investigation or inquiry related to an effort to prevent imminent bodily harm, loss of life, or property damage.
History.s. 1, ch. 2023-201.