USCA11 Case: 21-12355
21-12355
Date Filed: 05/23/2022
Page: 9 of 67
Opinion of the Court
9
1. Provides or enables computer access by multiple
users to a computer server, including an Internet platform or a social media site;
2. Operates as a sole proprietorship, partnership,
limited liability company, corporation, association, or
other legal entity;
3.
Does business in the state; and
4.
Satisfies at least one of the following thresholds:
a. Has annual gross revenues in excess of $100
million . . .
b. Has at least 100 million monthly individual
platform participants globally.
Fla. Stat. § 501.2041(1)(g). As originally enacted, the law’s definition of “social media platform” expressly excluded any platform
“operated by a company that owns and operates a theme park or
entertainment complex.” Id. But after the onset of this litigation—
and after Disney executives made public comments critical of another recently enacted Florida law—the State repealed S.B. 7072’s
theme-park-company exemption. See S.B. 6-C (2022).
The relevant provisions of S.B. 7072—which are codified at
Fla. Stat. §§ 106.072 and 501.2041 2—can be divided into three categories: (1) content-moderation restrictions; (2) disclosure obligations; and (3) a user-data requirement.
2 While S.B. 7072 also enacted antitrust-related provisions, only §§ 106.072 and
501.2041 are at issue in this appeal.
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