Bill Amendment: FL S0662 | 2023 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: Student Online Personal Information Protection

Status: 2023-06-01 - Chapter No. 2023-170 [S0662 Detail]

Download: Florida-2023-S0662-Senate_Floor_Amendment_937544.html

---

       Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. SB 662
       
       
       
       
       
       
                                Ì9375449Î937544                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Bradley moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 65 - 227
    4  and insert:
    5  primarily for K–12 school purposes, or the site, service, or
    6  application was designed and marketed for K–12 school purposes.
    7         (f) “School district” has the same meaning as in s.
    8  595.402.
    9         (g) “Targeted advertising” means presenting advertisements
   10  to a student which are selected on the basis of information
   11  obtained or inferred over time from that student’s online
   12  behavior, usage of applications, or covered information. The
   13  term does not include advertising to a student at an online
   14  location based upon the student’s current visit to that
   15  location, or advertising presented in response to a student’s
   16  request for information or feedback, if the student’s online
   17  activities or requests are not retained over time for the
   18  purpose of targeting subsequent advertisements to that student.
   19         (2) An operator may not knowingly do any of the following:
   20         (a) Engage in targeted advertising on the operator’s site,
   21  service, or application, or targeted advertising on any other
   22  site, service, or application if the targeting of the
   23  advertising is based on any information, including covered
   24  information and persistent unique identifiers, which the
   25  operator has acquired because of the use of that operator’s
   26  site, service, or application for K-12 school purposes.
   27         (b) Use information, including persistent unique
   28  identifiers, created or gathered by the operator’s site,
   29  service, or application to amass a profile of a student, except
   30  in furtherance of K–12 school purposes. The term “amass a
   31  profile” does not include the collection and retention of
   32  account information that remains under the control of the
   33  student or the student’s parent or guardian or K-12 school.
   34         (c) Share, sell, or rent a student’s information, including
   35  covered information. This paragraph does not apply to the
   36  purchase, merger, or other acquisition of an operator by a third
   37  party, if the third party complies with this section regarding
   38  previously acquired student information, or to a national
   39  assessment provider if the provider obtains the express written
   40  consent of the parent or student, given in response to clear and
   41  conspicuous notice, solely to provide access to employment,
   42  educational scholarships or financial aid, or postsecondary
   43  educational opportunities.
   44         (d) Except as otherwise provided in subsection (4),
   45  disclose covered information, unless the disclosure is made for
   46  any of the following purposes:
   47         1. In furtherance of the K–12 school purpose of the site,
   48  service, or application, if the recipient of the covered
   49  information disclosed under this subparagraph does not further
   50  disclose the information.
   51         2. Disclosure as required by state or federal law.
   52         3. To comply with the order of a court or quasi-judicial
   53  entity.
   54         4. To protect the safety or integrity of users of the site
   55  or others or the security of the site, service, or application.
   56         5. For a school, educational, or employment purpose
   57  requested by the student or the student’s parent or guardian,
   58  provided that the information is not used or further disclosed
   59  for any other purpose.
   60         6. To a third party, if the operator contractually
   61  prohibits the third party from using any covered information for
   62  any purpose other than providing the contracted service to or on
   63  behalf of the operator, prohibits the third party from
   64  disclosing any covered information provided by the operator with
   65  subsequent third parties, and requires the third party to
   66  implement and maintain reasonable security procedures and
   67  practices. An operator may not disclose covered information
   68  relating to any contracted services provided in paragraph (a),
   69  paragraph (b), or paragraph (c).
   70         (3) An operator shall do all of the following:
   71         (a) Collect no more covered information than is reasonably
   72  necessary to operate an Internet website, online service, online
   73  application, or mobile application with actual knowledge that
   74  the site, service, or application is used primarily for K–12
   75  school purposes, or the site, service, or application was
   76  designed and marketed for K–12 school purposes.
   77         (b) Implement and maintain reasonable security procedures
   78  and practices appropriate to the nature of the covered
   79  information which are designed to protect it from unauthorized
   80  access, destruction, use, modification, or disclosure.
   81         (c) Unless a parent or guardian expressly consents to the
   82  operator retaining a student’s covered information, delete the
   83  covered information at the conclusion of the course or
   84  corresponding program and no later than 90 days after a student
   85  is no longer enrolled in a school within the district.
   86         (4) An operator may use or disclose covered information of
   87  a student under any of the following circumstances:
   88         (a) If federal or state law requires the operator to
   89  disclose the information, and the operator complies with federal
   90  or state law, as applicable, in protecting and disclosing that
   91  information.
   92         (b) If the covered information is disclosed to a state
   93  educational agency or the student’s local educational agency for
   94  K-12 school purposes, as allowed under state or federal law.
   95         (c) If the covered information is disclosed to a state or
   96  local educational agency, including K-12 schools and school
   97  districts, for K–12 school purposes, as allowed under state or
   98  federal law.
   99         (5) This section does not prohibit an operator from doing
  100  any of the following:
  101         (a) Using covered information to improve educational
  102  products, if that information is not associated with an
  103  identified student within the operator’s site, service, or
  104  application, or other sites, services, or applications owned by
  105  the operator.
  106         (b) Using covered information that is not associated with
  107  an identified student to demonstrate the effectiveness of the
  108  operator’s products or services, including use in their
  109  marketing.
  110         (c) Sharing covered information that is not associated with
  111  an identified student for the development and improvement of
  112  educational sites, services, or applications.
  113         (d) Using recommendation engines to recommend to a student
  114  any of the following:
  115         1. Additional content relating to an educational, an
  116  employment, or any other learning opportunity purpose within an
  117  online site, service, or application, if the recommendation is
  118  not determined in whole or in part by payment or other
  119  consideration from a third party.
  120         2. Additional services relating to an educational, an
  121  employment, or any other learning opportunity purpose within an
  122  online site, service, or application, if the recommendation is
  123  not determined in whole or in part by payment or other
  124  consideration from a third party.
  125         (e) Responding to a student’s request for information or
  126  feedback without the information or response being determined in
  127  whole or in part by payment or other consideration from a third
  128  party.
  129         (6) This section does not do any of the following:
  130         (a) Limit the authority of a law enforcement agency to
  131  obtain any content or information from an operator as authorized
  132  by law or under a court order.
  133         (b) Limit the ability of an operator to use student data,
  134  including covered information, for adaptive learning or
  135  customized student learning purposes.
  136         (c) Apply to general audience Internet websites, general
  137  audience online services, general audience online applications,
  138  or general audience mobile applications, even if login
  139  credentials created for an operator’s site, service, or
  140  application may be used to access those general audience sites,
  141  services, or applications.
  142         (d) Limit service providers from providing Internet
  143  connectivity to schools or students and their families.
  144         (e) Prohibit an operator of an Internet website, online
  145  service, online application, or mobile application from
  146  marketing educational products directly to parents, if such
  147  marketing did not result from the use of covered information
  148  obtained by the operator through the provision of services
  149  covered under this section.
  150         (f) Impose a duty upon a provider of an electronic store,
  151  gateway, marketplace, or other means of purchasing or
  152  downloading software or applications to review or enforce
  153  compliance with this section on such software or applications.
  154         (g) Impose a duty upon a provider of an interactive
  155  computer service to review or enforce compliance with this
  156  section by third-party content providers.
  157         (h) Prohibit students from downloading, exporting,
  158  transferring, saving, or maintaining their own student data or
  159  documents.
  160  
  161  The State Board of Education may adopt rules to implement this
  162  section.
  163  
  164  ================= T I T L E  A M E N D M E N T ================
  165  And the title is amended as follows:
  166         Delete line 10
  167  and insert:
  168         construction; authorizing the State Board of Education
  169         to adopt rules; providing an effective date.