On March 6, 2024, House Bill 3 for an act relating to online protections for minors was amended and passed the House of Representatives and thereafter enrolled on the same date. The bill also passed the Senate with amendments on March 4, 2024.

What is the scope of the bill?

The bill applies to social media platforms, defined as an online forum, website, or application that satisfies each of the following criteria:

• allows users to upload content or view the content or activity of other users;
• 10% or more of the daily active users who are younger than 16 years of age spend on average two hours per day or longer on the online forum, website, or application on the days when using the online forum, website, or application during the previous 12 months or, if the online forum, website, or application did not exist during the previous 12 months, during the previous month;
• employs algorithms that analyze user data or information on users to select content for users; and
• has any of the following addictive features:
  • infinite scrolling;
  • push notifications or alerts sent by the online forum, website, or application to inform a user about specific activities or events related to the user's account;
  • displays personal interactive metrics that indicate the number of times other users have clicked a button to indicate their reaction to content or have shared or reposted the content;
  • auto-play video or video that begins to play without the user first clicking on the video or on a play button for that video; or
  • live streaming or a function that allows a user or advertiser to broadcast live video content in real time.

What are the main provisions of the bill?

In particular, the bill prohibits social media platforms from entering into a contract with a minor who is younger than 14 years of age to become an account holder, unless the minor's parent or guardian provides consent for the minor to become an account holder.

Additionally, the bill requires that social media platforms:

• terminate any account held by an account holder younger than 14 years of age, including accounts that the social media platform treats or categorizes as belonging to an account holder who is likely younger than 14 years of age for purposes of targeted content or advertising, and provide 90 days for an account holder to dispute such termination. Termination must be effective upon the expiration of the 90 days if the account holder fails to effectively dispute the termination;
• allow an account holder younger than 14 years of age to request to terminate the account. Termination must be effective within five business days after such request;
• allow the confirmed parent or guardian of an account holder younger than 14 years of age to request that the minor's account be terminated. Termination must be effective within 10 business days after such request; and
• permanently delete all personal information held by the social media platform relating to the terminated account, unless there are legal requirements to maintain such information.

Additionally, the bill provides for age verification processes for online access to materials harmful to minors, which means any material that:

• the average person applying contemporary community standards would find, taken as a whole, appeals to the prurient interest;
• depicts or describes, in a patently offensive way, sexual conduct; and
• when taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.

You can read the bill here and track its progress here.

Update: March 22, 2024

Bill presented to Governor

On March 21, 2024, the bill was signed by Officers and presented to the Florida Governor.

You can read the bill here, track its progress here, and read the Governor's press release here.

Update: March 26, 2024

Bill signed by Governor into law

On March 25, 2024, the Governor of Florida, Ron DeSantis, signed the bill into law.

You can read the Act here, view its history here, and read the Governor's press release here.