Marital & Family Law Blog

New Florida Laws Strengthen Online Protections for Minors

By: Kyle M. Morgan 

On January 1, 2025, Florida enacted landmark legislation to protect minors in the digital space. These laws impose strict regulations on social media platforms, content access, and privacy safeguards, creating a safer online environment for children and teenagers. Below is a summary of the key statutes and their provisions, highlighting how they aim to protect minors from online risks:

A. Florida Statute § 501.1736: Social Media Use for Minors

  • Age Restrictions: Minors under 14 years old are prohibited from creating social media accounts. For minors aged 14–15, verified parental or guardian consent is required. (§ 501.1736(2)(a)–(b)).
  • Account Termination: Platforms must terminate accounts for minors under 14 or those aged 14–15 without parental consent. This includes accounts categorized as belonging to likely minors based on platform analytics (§ 501.1736(2)(b), § 501.1736(3)(b)).
  • Data Deletion: Platforms must permanently delete all personal information associated with terminated accounts, unless required by law to retain it (§ 501.1736(2)(b)(4), § 501.1736(3)(b)(4)).
  • Enforcement: Violations of these provisions are deemed unfair trade practices, with penalties of up to $50,000 per violation, along with potential damages for affected minors (§ 501.1736(5)–(6)).
  • Regulated Features: Platforms targeting minors must address addictive features. These features include:
    • Infinite scrolling: Defined as content that continuously loads without breaks (§ 501.1736(1)(e)(4)(a)).
    • Autoplay videos: Videos that play without user interaction (§ 501.1736(1)(e)(4)(d)).
    • Push notifications: Alerts or notifications designed to encourage prolonged engagement (§ 501.1736(1)(e)(4)(b)).

 

 

 

 

 

 

B. Florida Statute § 501.1737: Age Verification for Online Access to Harmful Material

  • Definition of Harmful Material: Material harmful to minors is defined as content that appeals to the prurient interest, depicts sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific value (§ 501.1737(1)(e)).
  • Scope of Applicability: Websites where more than 33.3% of content is harmful to minors must implement age verification systems (§ 501.1737(1)(j), § 501.1737(2)).
  • Verification Requirements: Websites hosting material harmful to minors must implement stringent age verification methods. These include anonymous or standard age verification systems that confirm users are over 18 (§ 501.1737(2)).
  • Anonymous Verification: Verification must protect user privacy by ensuring no personal identifying information is retained or shared (§ 501.1737(3)).
  • Penalties: Noncompliance may result in civil penalties of up to $50,000 per violation, and additional damages may be pursued for minors harmed by unauthorized access (§ 501.1737(5)(a)–(c)).

C. Florida Statute § 501.1738: Anonymous Age Verification

  • Definition: Anonymous age verification refers to a method conducted by nongovernmental, independent third parties to confirm age while protecting user privacy (§ 501.1738(1)).
  • Data Protections: Verification methods must ensure no personal identifying information is retained, used for other purposes, or exposed to unauthorized access (§ 501.1738(2)(a)–(d)).

Why These Laws Matter

These new statutes represent a significant step forward in protecting minors from online risks. By requiring strict age verification, regulating addictive platform features like autoplay and infinite scrolling, and mandating robust privacy protections, Florida is creating a safer digital space for children and empowering parents to take control of their children’s online safety.