Florida House Bill 3

    Overview 

    Florida House Bill 3 (HB 3), signed into law in 2024, introduces comprehensive online safety requirements aimed at protecting minors under the age of 16 from harmful content and addictive social media platforms. The law creates two main obligations:

    1. Social media platforms must prohibit or restrict access to minors under certain age conditions.
    2. Commercial websites with a substantial amount of harmful material must verify user age before granting access.

     

    Regulation Summary

    Timeline
    • March 25, 2024 – Signed into law by the Governor.
    • January 1, 2025 – The law took effect.
    What Businesses Are Affected
    • Social media platforms that meet all of the following:
      • Allow users to upload or view user-generated content.
      • At least 10% of monthly active U.S. users under age 16 spend 2+ hours/day on the platform.
      • Use algorithms to curate content.
      • Include one or more addictive features (e.g., autoplay, infinite scroll, push notifications).
    • Commercial entities that publish or distribute harmful material and have more than 33.3% of such content.
    • Third-party age verification providers conducting anonymous or standard verification.
    Exemptions
    • Platforms used solely for email or private messaging.
    • News and public interest organizations.
    • Internet infrastructure providers like ISPs, search engines, and cloud services.
    Responsibilities for Businesses
    • Social media platforms must:
      • Prohibit users under 14 from creating accounts.
      • Obtain verified parental consent for users aged 14–15.
      • Terminate noncompliant accounts and delete all associated data.
    • Commercial websites must:
      • Use both standard and anonymous age verification.
      • Allow users to select their preferred verification method.
      • Prevent access to harmful content until age is verified.
    Specific Responsibilities for Website Owners
    • Apply verification only if more than 33.3% of content is harmful to minors.
    • Allow users to choose between standard or anonymous verification.
    • Block access until verification is complete.
    • Do not retain or reuse any identifying data used in age verification.
    Additional Requirements
    • Harmful content is defined using a three-part test:
      • Appeals to prurient interest.
      • Patently offensive depictions of sexual conduct.
      • Lacks serious literary, artistic, political, or scientific value.
    • Anonymous age verification must be conducted by a U.S.-based, independent third party.
    • Any identifying information used for verification must be deleted and never reused.
    Individual Rights
    • Resident minors may sue for up to $10,000 if:
      • They report unlawful access to harmful content.
      • The platform fails to prevent future access after receiving the report.
    • Civil actions must be brought within 1 year of discovery.
    • Courts may award:
      • Up to $10,000 in statutory damages.
      • Attorney’s fees and court costs.
      • Additional actual damages.
    Enforcement
    • The Department of Legal Affairs has subpoena and enforcement authority and may impose civil penalties of up to $50,000 per violation.
    • Courts may award punitive damages for repeated reckless or knowing violations.
    • Private rights of action exist for resident minors and their parents or guardians.
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