Fla. Senate Adds Parental Consent to Kids' Social Media Ban After DeSantis Veto

DeSantis foreshadowed a “superior” bill in his HB-1 veto message Friday (see 2403010071). On Monday, the Florida Senate amended HB-3 -- previously an anti-porn bill that was made moot when its language was merged into HB-1. The amended HB-3, containing age verification requirements for porn and social media, would now allow parental consent for kids aged 14 and 15. It still prohibits parents from overriding a ban on children 13 and younger. The changes seem to respond to DeSantis saying last month that he supports enforcing an existing federal law covering kids 13 and younger, but that he believes parents should have a right to opt in for 14- and 15-year-olds (see 2402220051).

“This is our renewed attempt at online safety for minors,” said Sen. Erin Grall (R), the social media proposal’s lead Senate sponsor. The Florida House must concur with the Senate amendment and repass HB-3 before it can go to the governor’s desk. DeSantis and House Speaker Paul Renning (R) didn’t comment Monday.

The proposed ban gained seven yeas in the Senate, which previously voted 23-14 to approve HB-1. One Democrat who continued to oppose was Sen. Tina Polsky (D). While Polsky appreciates the effort to make the bill “more palatable,” she “still thinks it's a little random.” It seems narrow and arbitrary to allow parental consent only for 14- and 15-year-olds, said Polsky, adding that she doesn’t see much difference between a 13- and 14-year-old. The proposal still runs into constitutional and parental rights issues, she added. The bill is “well-intentioned” yet remains “government overreach,” said Sen. Bobby Powell (D). "At some point, parents have to learn to be parents … I wasn't elected to come and run your household." No court has upheld a law like the Florida bill, he added.

But two more Senate Democrats supported the measure than last time. Sen. Rosalind Osgood (D) called the bill a “step in the right direction.” Lawmakers should do anything they can to protect kids, said Osgood, who also supported the earlier version. Grall agreed it’s important for lawmakers to act. “We have to do something.”

The revised proposal contains a severability clause, which says that if a court enjoins the parental consent provision, the proposed law would ban all kids younger than 16, as in the previous version. Past court opinions found parental consent provisions to be underinclusive, explained Grall. If a court similarly disagrees with that part of Florida’s law -- but finds social media’s addictive features are harmful for 14- and 15-year-olds -- the clause would save the desired ban, she said. Lawmakers want a ruling on whether the addictive features are harmful enough to allow a state to intervene, she said.

The Computer and Communications Industry Association remains opposed, CCIA State Director Khara Boender said Monday. “The amendment … still contains several provisions that could conflict with the First Amendment, including restrictions on accounts for users that would prevent access to open information online.” NetChoice sought a second DeSantis veto. “HB 3 is still I.D. for the internet,” the group’s General Counsel Carl Szabo said Friday. “Courts across the country have been shooting down these types of laws as unconstitutional.”

"Young people have First Amendment rights to information and free expression,” Electronic Frontier Foundation Civil Liberties Director David Greene said Monday. “This includes access to social media, which makes up much of the internet today.” EFF opposes mandating age verification online, added Greene. “Requiring individuals to share personally identifying information to visit websites threatens their privacy and anonymity.”