Florida Statutes
Fla. Stat. § 106.072 (2025)
Social media deplatforming of political candidates.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
Notes of Decisions
Cited in 6
cases (6 in the last 5 years), 2021–2024 · leading case: NetChoice, LLC v. Attorney Gen., State of Florida, 34 F.4th 1196 (11th Cir. 2022).
NetChoice, LLC v. Attorney Gen., State of Florida, 34 F.4th 1196 (11th Cir. 2022). “7072—which are codified at Fla. Stat. §§ 106.072 and 501.2041 2—can be divided into three cate- gories: (1) content-moderation restrictions; (2) disclosure obliga- tions; and (3) a user-data requirement.”
Moody v. NetChoice, LLC, 603 U.S. 707 (2024). “Fla. Stat. § 106.072 (3) (2023). And the law per- mits aggrieved users to sue and recover up to 0,000 for each violation of the content-moderation and disclosure pro- visions, along with actual damages, equitable relief, punitive damages, and attorney's fees.”
NetChoice v. Paxton, 49 F.4th 439 (5th Cir. 2022). “See Fla. Stat. §§ 106.072 , 501.2041. 39 The Eleventh Circuit recently held that platforms challenging SB 7072 were entitled to a preliminary injunction against most of its provisions.”
Moody v. NetChoice, LLC, 603 U.S. 707 (2024). “Fla. Stat. §106.072 (3) (2023). And the law permits aggrieved users to sue and recover up to 0,000 for each violation of the content-moderation and disclosure provisions, along with actual damages, equitable relief, pu- nitive damages, and attorney’s fees.”
Moody v. NetChoice, LLC Revisions: 7/11/24, 603 U.S. 707 (2024). “Fla. Stat. §106.072 (3) (2023). And the law permits aggrieved users to sue and recover up to 0,000 for each violation of the content-moderation and disclosure provisions, along with actual damages, equitable relief, pu- nitive damages, and attorney’s fees.”
Netchoice LLC v. Moody (N.D. Fla. 2021). “The Act created three new Florida statutes: § 106.072, § 287.137, and § 501.2041. The Act also included findings and a severability clause.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.