Gov. DeSantis vetoes age restrictions for social media, pornography

Gov. Ron DeSantis has vetoed a controversial plan to bar Floridians under age 16 from social media (HB 1), a top priority of House Speaker Paul Renner.

“I have vetoed HB 1 because the Legislature is about to produce a different, superior bill,” DeSantis posted on social media. “Protecting children from harms associated with social media is important, as is supporting parents’ rights and maintaining the ability of adults to engage in anonymous speech. I anticipate the new bill will recognize these priorities and will be signed into law soon.”

The veto comes as the Legislature negotiates a state budget in the final days of the Regular Session.

But legislative leaders also signaled efforts are already underway to craft new legislation that addresses the Governor’s concerns.

“Both the Speaker and the Governor are working together on language that will work for them to basically fix the concerns that the Governor has with HB 1,” Senate President Kathleen Passidomo said. “And my understanding is that they are in a really good spot.”

Passidomo already announced the Legislature will take a related House bill (HB 3) on age verification requirements for pornography websites, which the Senate will hear on the floor on Monday.

The Legislature had the option to try and override a veto with a two-thirds vote in both chambers. But it’s unclear that path would have been successful in both chambers of the Legislature. It might be an easier feat in the House, where the bill enjoyed broad bipartisan support and passed on a 108-7 vote. But in the Senate, five Republicans and most Democrats voted against the bill, which cleared on a 23-14 vote but fell short of a supermajority.

DeSantis’ veto doesn’t necessarily come as a surprise. The Governor for weeks raised concerns about whether the social media provisions could stand up in court without allowing parents any say on children’s access.

He most recently said he wants any legislation to allow parental consent regarding 14- and 15-year-olds’ access to platforms. He noted that federal law already prohibits those 13 and under from having social media accounts, and the state could create an enforcement mechanism. But legal guardians, he suggested, need a say with any children older than that.

“I’ve always said I think social media is a net negative for kids. At the same time, we’re somebody that’s believed in involving parents as much as possible,” DeSantis said at a press conference last week. “So while I think that there are harms associated with that, I do think parents could supervise in ways where it’s used in ways that could be beneficial.”

Of note, Rep. Ashley Gantt, a Miami Democrat, proposed an amendment to the bill when it was still in the House that would have addressed DeSantis’ concerns. She suggested language that would allow children access to social media if they “obtained express consent from the minor’s parent or legal guardian.”

But lawmakers behind the bill said social media companies can avoid restrictions entirely if they stop employing addictive characteristics dangerous to children.

Sen. Erin Grall, a Fort Pierce Republican who shepherded the bill through the Senate, tailored the language based on platform features like addictive scroll. The final language only applies account restrictions to those platforms where 10% of young account holders use the platforms for more than two hours per day.

“If you create a platform that does not have these features, children will be able to get on, and there’s not an age verification requirement on that,” she said.

Renner rallied support among conservative parents’ rights groups and law enforcement associations behind the bill. He also shipped the bill to the Governor just a day after its passage in the Legislature, an unusual move during a high point for negotiations between the House, Senate and Governor’s Office over the state budget.

“Grateful for the overwhelming support of Florida’s law enforcement community,” Renner posted on social media this weekend. “There’s no more important issue than the protection of our children.”

Yet the legislation also drew criticism by parent advocates across the political spectrum. The Florida PTA launched a letter-writing campaign urging DeSantis to veto the bill. Moms for Liberty co-founder Tiffany Justice, a conservative voice on parental rights, told the USA Today Network she opposed the legislation as well.

The legislation also predictably drew strong opposition from tech companies. Meta, the corporate owner for Facebook and Instagram, bankrolled a campaign by the Citizens Awareness Project calling for lawmakers to “Empower Parents” on social media use.

The company has said it supports age verification requirements. But it has held that limitations should best be handled at the device level, requiring a parent’s permission before a minor can download any application to their phone.

Porn publishers similarly have said they are fine with age verification requirements but believe that should occur at the device level.

Of note, the fact that age verification requirements for social media sites and porn publishers were rolled into one bill also creates a vehicle for negotiation on another measure. The House passed the porn restrictions as an independent bill (HB 3), which means the Senate could still take that legislation up.

Renner met with DeSantis on the vetoed legislation earlier this week, but the Speaker declined to go into specifics on next steps.

“We’re looking at alternatives and what we can do together,” Renner told press before the bill veto. “We’re still working together.”

Outside groups urged all parties to  continue working together on a final bill that can become law.

“Legislating to address real issues that affect every Floridian is fraught with challenges, trade-offs and landmines,” reads a statement from the James Madison Institute. “If the issue of teen online safety were an easy one, the Legislature would have solved it by now. We truly appreciate Speaker Renner’s sincere intent to solve the harms associated with excessive social media use among our youth. We understand the rationale behind Governor DeSantis’ veto of HB1 and we hope lawmakers and the Governor can work together to craft meaningful policy that helps parents and teenagers but also withstands constitutional scrutiny. JMI looks forward to engaging with policymakers in the days and weeks ahead to make that happen.”