Fla. House: Lawmakers Not Parents Should Determine Kids' Access to Social Media
Under a House bill advanced Tuesday, Florida would not allow parents to permit their children to use certain social media platforms. HB-1, which advanced to a final third-reading, would remove minors younger than 16 from the platforms July 1. "Studies have shown that social media is having a devastating impact on our kids,” and the platforms know it, said sponsor Rep. Tyler Sirois (R) at a livestreamed floor session. Likening social media to “a digital fentanyl,” he said “our children are challenged to break this habit.”
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On a voice vote, the House adopted a Sirois amendment adjusting the definition of social media. He said it sharpens the bill's focus on platforms that track users and have addictive and deceptive design features.
State representatives rejected three amendments from Democrats. Rep. Ashley Gantt’s amendment would have let parents give their kids younger than 18 consent to have accounts. A Rep. Anna Eskamani amendment would have lowered the age restriction to minors younger than 13. The other would have prohibited access to minors under 16 only between the hours of 10:30 p.m. and 6:30 a.m. Gantt and some other Democrats raised concerns with the bill at a Judiciary Committee hearing last week (see 2401170061).
Gantt's amendment “gives parents the ability to opt in,” she said. But the House rejected that by a 33-83 vote. Some Democrats said they supported adding parental consent. "Parents need to be able to parent their child,” said Rep. Felicia Robinson (D). “We can't legislate everything." But Sirois asked if permitting some kids to have social media accounts might ostracize kids who don’t.
On a similar 33-83 vote, the House defeated Eskamani’s amendment lowering the age restriction. Social media is harmful for kids older than 13, said Sirois commenting on Eskamani’s proposed change. On Eskamani’s amendment restricting only overnight access, Sirois asked, "Does addiction observe hours?" The proposed change runs counter to the spirit of the bill, he said. Eskamani hit back that her amendment might make the bill constitutional. The House voted down that amendment by voice vote.
Earlier on the floor, Eskamani asked repeatedly for clarification about which companies the bill would cover. Sirois said it focuses on certain addictive features and websites that have them. "I'm not going to stand here on the House floor and call out specific companies.”
Eskamani asked if a potentially covered company could remove the addictive features so that it would no longer be outside the proposed law. The market can decide whether to respond to Florida standards set by the bill, replied Sirois. Also, Eskamani asked what would happen to a child whose family moves to Florida from another state after the bill takes effect. Children or their parents could ask the social media platform to remove the minor’s account, HB-1 co-sponsor Rep. Fiona McFarland (R) replied.
Judiciary Committee ranking member Michael Gottlieb (D) asked if sponsors had concerns about litigation against similar laws in other states. Also, Gottlieb asked if there might be a less restrictive way to accomplish the objective than to entirely ban children from social media. Sirois replied, "This is a statehouse, not a courthouse." But he said Florida’s bill is different because it focuses on addictive features, not content. A Democrat defending the bill on the floor, Rep. Michele Rayner (D), said she thinks the legislation can withstand court scrutiny.
Gantt asked if the bill would ban children who make money as social media influencers. It will, said Sirois. Gantt asked if there would be a conflict with the Constitution's commerce clause. Sirois said no. McFarland later noted that social media can result in teen influencers, like any child, developing mental health issues. On the other hand, a parent can run a social media account for a child influencer, she added.
The House also advanced to third reading a separate measure requiring age verification for pornography websites (HB-3).