Florida’s House of Representatives has greenlit what could be one of the nation’s strictest laws aimed at protecting children online, passing a bill that would bar anyone 16 and younger from using social media.
While lawmakers voiced some concerns about enforcement, parental rights and First Amendment issues, the bill passed with overwhelming bipartisan support, and on Thursday moved to the state Senate, which is expected to take up the bill soon.
“They are targeting our babies,” said Rep. Michele Rayner, a Democrat from St. Petersburg who sponsored a similar bill last year. “You all know I’m a civil rights lawyer, but the fight to protect our children on social media is a fight I will take every day and twice on Sundays.”
It’s the latest in a slew of statehouse proposals to crack down on what is increasingly seen as a threat to children — and their childhood. U.S. Surgeon General Vivek H. Murthy issued an advisory last year declaring social media “an important driver” of a “national youth mental health crisis.” According to the Pew Research Center, approximately 95 percent of kids ages 13 to 17 are on social media, with more than a third of them admitting “they use social media ‘almost constantly.’”
The bill, if passed, is likely to encounter resistance in court. Critics, including free speech advocates, say such proposals are unconstitutional.
“If enacted, it will jeopardize the privacy and security of Floridians who use the internet,” said Carl Szabo, vice president and general counsel for NetChoice, a D.C.-based trade association. “The Free State of Florida deserves better than a massive, unconstitutional internet surveillance program.”
NetChoice has filed four lawsuits against state laws restricting youths’ use of social media in Arkansas, California, Ohio and Utah. They recently won temporary injunctions blocking the laws in Arkansas and California while the cases proceed.
Meta, the company that owns Facebook and Instagram, asked Florida lawmakers to consider other options, such as requiring parental approval to download apps.
“While our company recognizes the goals of House Bill 1, we believe this bill, as currently drafted, not only fails to empower parents to make the decision regarding whether their teen may use a social media platform but also fails to create robust, industry-wide standards that help parents and teens manage their online activity,” Caulder Harvill-Childs, a public policy manager for Meta, wrote in a letter to Florida legislators.
X did not respond to a request for comment.
Legislators said they’ve lost patience with social media companies.
“It’s not a cure-all … but it will help and it will be a start,” said Rep. Katherine Waldron (D), one of the bill’s sponsors. “And perhaps it will be a shot across the bow to the social media entities such as Facebook, X and Instagram to push them to help protect our children, because they have shown no interest in offering legitimate protections.”
Rep. Fiona McFarland (R) said “even the most plugged-in parent” is unable to protect kids online because of the way social media algorithms encourage near-constant use.
“These dopamine hits are so addictive,” McFarland said. “It’s like a digital fentanyl.”
The bill is aimed at social media platforms that use “addictive, harmful, or deceptive design features, or any other feature that is designed to cause an account holder to have an excessive or compulsive need to use or engage with the social media platform.” It’s unclear how it would be enforced, but says the Florida Department of Legal Affairs could issue fines of up to $50,000 “per violation” under the state’s Deceptive and Unfair Trade Practices Act.
The proposal would require social media companies to terminate existing accounts on platforms belonging to anyone 16 and under. It would also require all Floridians opening a new social media account to provide proof of their age.
Members of the public opposed to the bill included some in the LGBTQ community who said children often use social media to find support that can be lifesaving for them.
“It’s really intentionally a positive bill, I think the intention of the bill and those who filed it is golden,” said Rep. Anna Eskamani (D). “We need to provide oversight and regulation. But it doesn’t have to be a complete all-out ban where many of our most vulnerable kids will not have the space to be themselves, to find affirming environments.”
Others said it goes too far in taking power away from parents.
“With this bill, we are telling parents you are not fit to be a parent, to make the best decision for your child,” said Rep. Daryl Campbell (D). “This is a complete governmental overreach.”
Florida passed a law last year that prohibits cellphone use during class time and blocks students’ access to social media on school WiFi. But legislators say kids need to be protected both inside and outside of school.
House Speaker Paul Renner made the issue his legislative priority this year. Jeremy Redfern, a spokesman for Gov. Ron DeSantis, said in an email statement that the governor “will review the legislation once it’s in its final form and delivered to our office.”
At least 35 states and Puerto Rico have proposed legislation to prevent social media from harming youths, according to the National Conference of State Legislatures. That includes blue states like New Jersey, where Deputy Assembly Speaker Herb Conaway, a Democrat, proposed two bills this session to restrict youth social media access.
Jonathan Bick, an adjunct professor at Rutgers Law School, sees a consensus building as more states propose and pass laws that may ultimately result in overarching federal legislation.
Bick noted that a federal law, the Children’s Online Privacy Protection Act, already holds social media companies liable if someone under 13 uses their platform. What further federal restrictions on social media could look like isn’t clear, he said.
“The president and the courts have agreed that this sort of restriction on the ability to get information is appropriate” under the First Amendment, Bick said of COPPA. “The next question is where do you draw the line: Is it 13, 16? That is a question for the legislature and the president to deal with.”
Cat Zakrzewski and Cristiano Lima-Strong contributed to this report.
