Kids under 16 in Florida could soon be barred from accessing certain social media platforms that allow users to create profiles, upload content and interact with others.
On Jan. 24, members of the state House voted 106-13 on a bill that would force social media platforms to terminate accounts belonging to those under the age of 16. Florida Keys State Rep. Jim Mooney co-sponsored the bill and voted in favor of it.
Specific social media channels aren’t named in the bill, but language added a day before passage states its intention to outlaw platforms with “addictive, harmful or deceptive design features” meant to draw and keep users engaged.
The legislation was sent to the Senate for consideration. The House and Senate must approve the bill in order for it to reach the governor’s desk, where a veto is always possible.
Lawmakers in the Florida House co-sponsoring the legislation — which include Republicans and Democrats — haven’t named social media applications targeted by House Bill 1, despite questions from some opponents. The proposal doesn’t apply to websites mainly used for email, messaging and texts, news, sports, streaming services, online shopping or gaming.
Opponents say the bill prevents parents from having a say over their children’s access to social media platforms. Rep. Ashley Gantt, a Democrat representing Miami, agreed with the bill sponsors’ mission to protect children, but she said “it should not come at the cost of parents being the ultimate decision in how they raise their child.” Gantt also said the proposal infringes on free speech.
“We see this bill be(ing) introduced and passed in other states and go(ing) into litigation,” she said.
Utah passed a bill requiring social media companies to get consent from parents before minors under 18 can obtain an account. The new law will take effect this October, but it’s facing a challenge in court by NetChoice, a trade group associated with Meta, TikTok and X, on claims that it violates the First Amendment’s guarantee of free speech. NetChoice is also in opposition to the proposal floated in Florida.
House Bill 1 would also force social media platforms to use age-verification methods to ensure users meet the age requirement. An account holder would be denied if he or she fails to verify their age. The age-verification would be conducted by a non-governmental, independent, third party that is not affiliated with the social media platform.
No specific punishments are outlined in the bill for minors who attempt to gain access to a social media platform. Rather, legislation targets social media companies with fines that could reach $50,000 per violation, according to the bill.
Florida House Speaker Paul Renner, a Republican, said the state has a compelling interest and duty to protect children and their mental health.
“We must address the harmful effects social media platforms have on the development and well-being of our kids,” he said.
Republican Rep. Fiona McFarland, a bill co-sponsor, said addictive pings and algorithms keep people turning back to their phones, turning down sleep and food to keep up with the latest happenings in the community or their social circles.
“These dopamine hits are addictive. It’s like a digital fentanyl,” McFarland said. “Even the most plugged-in parent or tuned-in teen has a hard time shutting the door against these addictive features.”
Mooney, a Republican who represents the Keys, was one of 26 bill co-sponsors, which included Republicans and Democrats. Mooney alluded to Democratic Rep. Michele Rayner’s stories of kids committing suicide due to cyberbullying as one of the reasons strong action needs to be taken. Rayner was also a bill co-sponsor.
“The number of kids committing suicide because of cyberbullying … it’s truly frightening,” he said. “This is about kids.”
In May 2023, U.S. Surgeon General Dr. Vivek Murthy released an advisory to call attention to the effects of social media on youth mental health. The advisory noted that at crucial periods of adolescent brain development, social media use is predictive of decreases in life satisfaction, as well as additional concerns around body image and sleep issues. He also concluded that 13 years old is “too early” for children to use social media, despite most social media companies allowing 13-year-olds to use their platforms, because in early adolescence, kids are still “developing their identity, their sense of self.”
Caulder Childs, public policy manager for Meta, told the House Judiciary Committee during a Jan. 17 hearing that the bill takes the decision-making away from parents as to which applications their teens can use.
“At Meta, we believe parents should have the ability to ensure teens are not accessing adult content or apps they’re simply not comfortable with,” said Childs, adding that 81% of adults support parental approval for a social media account per a survey by Pew Research Center.
Sue Woltanski, Monroe County school board chair, said she’s surprised to see bills passing through the state that restrict parental decisions, especially in an era where parental rights are a priority. Woltanski said she wishes to see a statewide campaign on the issues surrounding social media and the effects on a child’s mental health.
“I think that would be the better way. How do you learn to use it responsibly?” she said.
Gov. Ron DeSantis expressed some concerns with House Bill 1 during a news conference in Kissimmee on Jan. 26.
“To say that someone that is 15 just cannot have it no matter what, even if the parents consent, that may create some legal issues,” he said. “I want to give parents tools to be able to do this, so I think you have to be smart with how you do it.”
