The Florida House of Representatives recently passed a measure barring minors under 16 years of age from having social media accounts, but a tech industry association predicts the bill would face litigation if signed into law.
Lawmakers in the lower house passed House Bill 1, authored by Reps. Tyler Sirois (R-Merritt Island), Fiona McFarland (R-Sarasota) and Michele Rayner (D-St. Petersburg), on Jan. 24 on a 106-to-13 vote. It would require social media companies to employ age-verification methods for platform users and open the door to private lawsuits when violations occur – to the tune of up to $10,000 per violation.
“A civil action for a claim under this subsection (of HB 1) must be brought within one year after the violation,” the text of the measure states. Under the provisions of the bill, the Florida Department of Legal Affairs would be empowered to also bring actions against social media platforms for violations of the state’s Deceptive & Unfair Trade Practices Act..
“The department may collect a civil penalty of up to $50,000 per violation,” the bill states.
HB 1 would require social media companies to terminate accounts of those users under 16, terminate minors’ accounts when those under 16 make requests to close their accounts and permanently delete all personal information related to the terminated account, unless other legal requirements apply.
“Social media platforms are addictive by design,” Rep. McFarland said in a prepared statement. “Combine that with intense social pressures, bullying and harassment, and it’s no wonder our kids’ mental health is declining. This bill puts an end to that. …”
A news release from House Speaker Paul Renner’s Office argues that social media platforms intentionally employ design elements that keep users absorbed for long time periods.
“Overuse of social media has been shown to have a detrimental impact on children’s mental health and well-being,” the news release states.
Some social-media age-verification measures in other states – which don’t include outright bans based on age – are being challenged in courts, according to the tech trade group Computer & Communications Industry Association (CCIA). In addition, minors have rights to access information, the CCIA argues.
“CCIA is supportive of targeted measures to provide additional protections for younger users online and providing parents and younger users with a suite of tools and settings to manage their online experience,” the CCIA’s state policy director, Khara Boender, told the Florida Record in an email. “However, due to HB 1's broadly sweeping provisions that would outrightly ban users under 16, even if their parents approve of their social media use, HB 1 would go beyond measures enacted in other states like Arkansas, Ohio and Utah.”
If HB 1 were to be enacted in its current form, it would likely face court challenges, given its restrictive provisions, according to Boender.
Gov. Ron DeSantis has expressed some concerns about the bill, however.
“There have been other states that have tried to do similar things that have met resistance in the courts,” he said at a press conference. “Not to say courts are always right about this, but anything I do, I want a pathway for this to actually stick.”
In its current form, the measure would take effect on July 1 if signed into law.