New social media ban proposal would allow parental consent for 14- and 15-year-olds

Teens in circle holding smart mobile phones - Multicultural young people using cellphones outside - Teenagers addicted to new technology concept

Language for a new social media bill with provisions for parental consent has been filed in the Senate.

The move came after Gov. Ron DeSantis vetoed an all-out ban on those under 16 using most social media platforms.

Sen. Erin Grall, a Fort Pierce Republican, filed an amendment with new language negotiated with the House, Senate and Governor’s Office. The legislation includes exemptions for 14- and 15-year-olds to open accounts on any platform so long as they have a parent’s permission.

“A social media platform shall prohibit a minor who is 14 or 15 years of age from entering into a contract with a social media platform to become an account holder, unless the minor’s parent or guardian provides consent for the minor to become an account holder,” the amendment states.

Federal law already prohibits children ages 13 and younger from having their own online accounts. Florida officials say there’s no enforcement of that law, and that this bill will impose third-party age verification requirements to back up that restriction.

Senate President Kathleen Passidomo signaled on Thursday that the Legislature could explore new legislation using a House-passed requirement for pornography websites to verify the age of users. While Grall initially rolled the pornography regulations into the original social media bill (HB 1), the new language was filed as an amendment on a separate bill (HB 3) that hasn’t been heard in the Senate.

At a press conference after the veto, Speaker Paul Renner said he expects the Governor to sign legislation with the new provision.

“We’re all on the same page on this,” Renner said.

Weeks before the Legislature passed a bill with no parental consent provision, DeSantis had voiced concerns about whether the bill could stand up in court.

But Renner brushed off any assertions the Legislature was capitulating to demands. “It’s a better bill,” he said. “How is that a capitulation?”

Like the vetoed legislation, the proposed HB 3 language calls for social media platforms to delete any accounts for anyone under 14, and allows parents of children up to age 16 to demand that action as well. It also requires personal data associated with the accounts to be tossed by the technology companies.

The bill goes into the means by which social media platforms and pornography publishers actually verify the age of users as well. Companies must work through a third-party provider to do so.

While Renner said he still believes platforms with addictive features are as dangerous as illicit narcotics — and he personally would support a ban up to age 18 for any users — he believes the legislation under consideration now will be easily defended if challenged in court.

“While we felt strongly that we had better than a puncher’s chance to go into court with the last bill,” he said, “we feel like our chances are very, very good with this bill, and we’ve hit the right mark through additional collaboration.”