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The Florida Senate

CS/HB 1 — Online Protections for Minors

by Judiciary Committee and Reps. Sirois, McFarland, Rayner, and others (CS/SB 1788 by Judiciary Committee and Senators Grall and Garcia)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Judiciary Committee (JU)

The bill requires regulated social media platforms to prohibit minors younger than 16 years of age from having accounts with them. Regulated social media platforms include those using algorithms to select content for or using addictive features on persons younger than 16 years of age. With respect to existing accounts belonging to minors younger than 16, the bill requires social media platforms to terminate them, and also allows the account holders or their parents or guardians to terminate them. Social media platforms must permanently delete all personal information held by them relating to terminated accounts unless otherwise required by law to maintain the personal information. 

The bill also requires commercial entities that knowingly and intentionally publish or distribute material harmful to minors on a website or application to prohibit access to such material by any person younger than 18 years of age, if their website or application contains a substantial portion of material that is harmful to minors. Material harmful to minors are materials that appeal to the prurient interest, depict or describe sexual conduct in a patently offensive manner, and lack serious literary, political, or scientific value for minors.

Regulated social media platforms and commercial entities must use reasonable age verification methods to verify that the age of a person attempting to access the regulated social media platform or material harmful to minors satisfies the bill’s age requirements. The reasonable age verification method must be conducted by a nongovernmental, independent third party organized under the laws of a state of the U.S., and any information used to verify age must be deleted once the age is verified.

These provisions were vetoed by the Governor on March 1, 2024.

Vote: Senate 23-14; House 108-7