With the state preparing for a legal challenge from the tech industry, Gov. Ron DeSantis on Monday signed a high-profile bill aimed at keeping children off social-media platforms.
“You better believe, I am going to fight like hell to uphold this in court,” Attorney General Ashley Moody said during a bill-signing event in Jacksonville.
Lawmakers this month overwhelmingly passed the bill (HB 3), which House Speaker Paul Renner, R-Palm Coast, made a priority of the annual legislative session. The bill, in part, seeks to prevent children under age 16 from opening social-media accounts on at least some platforms — though it would allow parents to give consent for 14- and 15-year-olds to have accounts. Children under 14 could not open accounts.
Renner and other key supporters argue that social-media companies have created addictive platforms that harm children’s mental health and can lead to sexual predators communicating with minors. But critics, including tech-industry groups, argue the bill is unconstitutional and point to courts blocking similar legislation in other states.
The industry group NetChoice this month urged DeSantis to veto the measure, arguing it would violate First Amendment rights. Spokeswoman Krista Chavez said in an email Monday that the group does not publicly discuss legal strategy, but it quickly recirculated the veto request and earlier statements about the constitutionality of the bill.
“An unconstitutional law will protect exactly zero Floridians,” Carl Szabo, NetChoice’s vice president and general counsel,” said in a statement. “HB 3 is also bad policy because of the data collection on Floridians by online services it will in effect require. This will put their private data at risk of breach.”
Renner, however, said the bill focuses on addictive features of the platforms and not on social-media content — an approach that he said is designed to withstand a First Amendment challenge.
“You will not find a line in this bill that addresses good speech or bad speech because that would violate the First Amendment. We’ve not addressed that at all,” Renner, an attorney, said. “What we have addressed is the addictive features that are at the heart of why children stay on these platforms for hours and hours on end.”
The bill does not name social-media platforms that would be affected. But it includes a definition of such platforms, with criteria related to such things as algorithms, “addictive features” and allowing users to view the content or activities of other users.
DeSantis, also an attorney, vetoed an earlier version of the bill (HB 1) after raising concerns about constitutional issues and infringement on parental rights. But he negotiated with Renner on the plan that was signed Monday.
A significant change was that the revised plan would allow 14- and 15-year-olds to open accounts with parental consent. The earlier version would have prevented 14- and 15-year-olds from creating accounts without a parental-consent option.
In another change, the earlier version would have directed age-verification requirements for platforms. Those requirements would have affected adults creating accounts.
But the revamped plan does not include the requirements. As an alternative, supporters hope to ensure compliance by opening social-media platforms to lawsuits for violations of the age restrictions. That would include lawsuits filed by the attorney general and lawsuits filed on behalf of minors.
If the tech industry files a lawsuit, it would be the second major court fight against Florida social-media laws in recent years.
NetChoice and another industry group, the Computer & Communications Industry Association, challenged the constitutionality of a 2021 Florida law that placed restrictions on large social-media companies, such as preventing the platforms from banning political candidates from their sites and requiring companies to publish — and apply consistently — standards about issues such as banning users or blocking their content.
Federal courts have blocked much of that law on First Amendment grounds. Florida took the case to the U.S. Supreme Court, which heard arguments last month but has not issued a ruling.
During Monday’s bill-signing event, Renner said he expects NetChoice to file a lawsuit over the new law, which will not take effect until Jan. 1. But Renner expressed confidence that the state will win in court and cited dangers of social media to children.
“This is an issue where we can no longer stand on the sidelines because of what we know,” he said.
The bill also will require age verification to try to prevent minors under age 18 from having access to online pornographic sites, though that issue received relatively little attention during legislative debates.
–Jim Saunders, News Service of Florida
Ed P says
Is it unconstitutional to restrict the sale of glue, spray paint, weed, or alcohol? What about restricting a lottery ticket or walking onto a casino playing floor or a pg16 movie?
With that said, the libertarians might point out that isn’t it the parents who should be controlling these decisions? Shouldn’t they decide for their own children? Or maybe the children themselves should be allowed to decide. Even though their brains are not fully developed until the age of 25, and after all they can decide their pronouns. Isn’t that a bigger decision then being on fake book to toktic?
When will we hit bottom and bounce back up to at least STUPID so everything doesn’t have to legislated or tested in the courts. It’s really as simple as parents must do their jobs and be parents.
Hey woke, wake up the entire system has zero confidence that you can breathe on your own. Let’s all give up more of our freedoms and allow the government to redistribute wealth and take care of us cradle to grave. Forget about capitalism and hard work…why bother?
Dennis C Rathsam says
Thanx Ron, Youngsters shouldnt be able to be programed, by all the crap on the internet! GOOD JOB!
Skibum says
I think we all can agree that there are dangers for anyone who is not careful when browsing through the internet as well as social media, and this pertains to adults as well as children. There are con men, fraudsters, scammers, even pedophiles and numerous under-the-radar groups who work hard every single day to try and separate innocent people from their hard-earned money. But education and parental responsibility/oversight is what is needed, not ignorant and unenforceable outright bans on kids accessing social media. DeSantis and his mushbrain GOP super majority in Tallahassee might just as well have banned kids under age 14 from having their own cell phones for all the good it would have done. There is NO substitute for proper parental supervision and monitoring of their children’s activities, and that certainly includes when they are online. Bad things can and do happen when kids AND parents are not aware and vigilant of the risks associated with using cell phones, laptops and other connected devices in today’s world. But I vividly recall during the pandemic how DeSantis was so outraged that federal medical experts issued guidance for parents to vaccinate their underage children to protect them from the covid virus, making many public proclamations about how parents could much better determine what, if anything, was the right thing to do to protect their own children and that government should back off and not try to dictate to parents how to raise and protect their kids. And now, the hypocrite idiot gov is doing the exact opposite, and it is laughable that he actually has the gall to completely ignore his vociferous previous outrage at the federal government for making recommendations that went against parental preference when it suited him, and then making a ridiculous opposing argument now that it suits him with the social media issue. DeSantis just needs to go away because he is no longer relevant or coherent.
J.D. says
I think this is necessary and the way this is being publicized is just as necessary! It seems as if some very sick people have been recruiting kidnappers/hackers.
J.D. says
After reading this thoroughly, the law he proposed does nothing other than strip human rights and reduce online security while he’s pretending it will increase it. Seriously, is he associated with the pedophiles?
Pogo says
@Christian Taliban Libertarians…
…celebrate progress of Christian Sharia law.
Ve hav de truf– you vil obey — Jesus villing.
The dude says
This little ban stunt from meatball ron is completely useless unless they go back and also add bans on anyone over the age of 60. The group most likely to spread blatant lies and misinformation on the interwebs…
Ban the gop says
yeah they call themselves the GOP
Endless Dark Money says
his followers are too dumb to notice they dont read laws the only interpretation was thought out for them and posted on entertainment “fox” news. Little man ron and his racist goons need to go asap. Bad policies help no one. Parents can already control what their kids can see on the internet we dont need fascist policies that will be unequally enforced upon the impoverished. More stupidity and misinformation brought to you by the GOP. Now watch them do everything in their power to control the election through fraud lies and misinformation. They definitely will have tens of millions less votes than the opposition, but they can win via fake electors and rules they changed since their last coup attempt. Buckle up its a bumpy ride to the bottom.