Florida Enacts Law Regulating Social Media Use for Minors | Practical Law

Florida Enacts Law Regulating Social Media Use for Minors | Practical Law

Florida has enacted HB 3, a new law that restricts social media access by users under 16 years of age and imposes new requirements on social media platforms. The state's Department of Legal Affairs will enforce the Act.

Florida Enacts Law Regulating Social Media Use for Minors

Practical Law Legal Update w-042-5057 (Approx. 4 pages)

Florida Enacts Law Regulating Social Media Use for Minors

by Practical Law Data Privacy & Cybersecurity
Published on 27 Mar 2024 • Florida
Florida has enacted HB 3, a new law that restricts social media access by users under 16 years of age and imposes new requirements on social media platforms. The state's Department of Legal Affairs will enforce the Act.
On March 25, 2024, Florida Governor Ron DeSantis signed HB 3, which restricts social media access by Florida social media minors under 16 years of age. HB 3 applies to social media platforms that:
  • Allow users to upload content or view other users' content or activity.
  • Had at least ten percent of daily active users under 16 spend an average of at least two hours per day on the platform over the previous 12 months.
  • Use algorithms that analyze user data to select content.
  • Include certain addictive features.
It does not apply to online services, websites, or applications used exclusively for emails or text messages shared directly between a sender and recipients.
HB 3 requires social media platforms to:
  • Prohibit minors under 14 years old from creating or holding an account, and terminate accounts held by account holders under 14 years old.
  • Obtain parental or guardian consent for minors between 14 and 15 years old to create or hold an account, and terminate accounts held by account holders between 14 and 15 years old if the social media platform has not obtained parental or guardian consent for creating the account.
  • Allow account holders under 16 years old to request termination of their account and fulfill the request within five business days.
  • Allow the parent or guardian of account holders under 16 to request the minor's account and fulfill the request within ten business days.
  • Permanently delete all personal information held by the social media platform relating to terminated accounts, unless legally required to maintain the information.
Florida's Department of Legal Affairs has exclusive enforcement and rulemaking authority.
The Department of Legal Affairs can bring an enforcement action against social media platforms that knowingly or recklessly violate HB 3 and against commercial entities that violate the age verification requirements. In an enforcement action, the court may impose civil penalties up to $50,000 per violation and reasonable attorney fees and court costs.
HB 3 goes into effect on January 1, 2025.