(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.
Structure Florida Statutes
Title IX - Electors and Elections
Chapter 106 - Campaign Financing
106.021 - Campaign Treasurers; Deputies; Primary and Secondary Depositories.
106.022 - Appointment of a Registered Agent; Duties.
106.023 - Statement of Candidate.
106.025 - Campaign Fund Raisers.
106.03 - Registration of Political Committees and Electioneering Communications Organizations.
106.05 - Deposit of Contributions; Statement of Campaign Treasurer.
106.055 - Valuation of In-Kind Contributions.
106.06 - Treasurer to Keep Records; Inspections.
106.07 - Reports; Certification and Filing.
106.0702 - Reporting; Political Party Executive Committee Candidates.
106.0705 - Electronic Filing of Campaign Treasurer’s Reports.
106.0706 - Electronic Filing of Campaign Finance Reports; Public Records Exemption.
106.071 - Independent Expenditures; Electioneering Communications; Reports; Disclaimers.
106.072 - Social Media Deplatforming of Political Candidates.
106.08 - Contributions; Limitations On.
106.09 - Cash Contributions and Contribution by Cashier’s Checks.
106.11 - Expenses of and Expenditures by Candidates and Political Committees.
106.113 - Expenditures by Local Governments.
106.12 - Petty Cash Funds Allowed.
106.125 - Credit Cards; Conditions on Use.
106.14 - Utilities; Deposits; Prior Authorization.
106.1405 - Use of Campaign Funds.
106.141 - Disposition of Surplus Funds by Candidates.
106.143 - Political Advertisements Circulated Prior to Election; Requirements.
106.1435 - Usage and Removal of Political Campaign Advertisements.
106.1437 - Miscellaneous Advertisements.
106.1439 - Electioneering Communications; Disclaimers.
106.1475 - Text Message and Telephone Solicitation; Registered Agent Requirements; Penalty.
106.15 - Certain Acts Prohibited.
106.16 - Limitation on Certain Rates and Charges.
106.161 - Air Time Available at the Lowest Unit Rate.
106.165 - Use of Closed Captioning and Descriptive Narrative in All Television Broadcasts.
106.17 - Polls and Surveys Relating to Candidacies.
106.18 - When a Candidate’s Name to Be Omitted From Ballot.
106.19 - Violations by Candidates, Persons Connected With Campaigns, and Political Committees.
106.191 - Signatures Gathered for Initiative Petition; Effect of Ch. 97-13.
106.21 - Certificates of Election Not to Be Issued Upon Conviction.
106.22 - Duties of the Division of Elections.
106.23 - Powers of the Division of Elections.
106.24 - Florida Elections Commission; Membership; Powers; Duties.
106.25 - Reports of Alleged Violations to Florida Elections Commission; Disposition of Findings.
106.26 - Powers of Commission; Rights and Responsibilities of Parties; Findings by Commission.
106.27 - Determinations by Commission; Legal Disposition.
106.28 - Limitation of Actions.
106.32 - Election Campaign Financing Trust Fund.
106.33 - Election Campaign Financing; Eligibility.
106.35 - Distribution of Funds.