The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Judiciary
BILL: CS/SB 868
INTRODUCER: Commerce and Tourism Committee and Senator Ingoglia
SUBJECT: Social Media Use by Minors
DATE: March 31, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Fav/CS
2. Collazo Cibula JU Pre-meeting
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 868 amends s. 501.1736, F.S., which regulates social media platforms and the services
they offer to minors. These changes to the statute make it easier for law enforcement agencies to
investigate potential crimes involving minors on regulated social media platforms and facilitate
greater parental supervision of online communications between their children and others.
Specifically, the bill requires social media platforms to:
• Provide a mechanism to decrypt end-to-end encryption and similar features, which can
restrict access to messages on a minor’s account, if a law enforcement agency obtains a
subpoena and is seeking to investigate a potential crime on the account.
• Allow the parent or legal guardian of a minor account holder to view all messages.
• Prohibit a minor account holder from using or accessing messages that disappear, self-
destruct, or are ephemeral in nature.
The bill takes effect July 1, 2025.
REVISED: BILL: CS/SB 868 Page 2
II. Present Situation:
Social Media Use for Minors
In 2024, the Florida Legislature passed a law limiting minors’ access to social media platforms.
1
The law, in part, prohibits minors 13 years of age or younger from holding a social media
account, and requires parental consent for 14 and 15 year olds to hold an account.
2
Definitions
The law provides the following definitions:
3
• “Account holder” means a resident who opens an account, creates a profile, or is identified
by the social media platform by a unique identifier while using or accessing the social media
platform, if the social media platform knows or has reason to believe the resident is located
in Florida.
• “Daily active users” means the number of unique users in the U.S. who used the online
forum, website, or application at least 80 percent of the days during the previous 12 months;
or if the online forum, website, or application did not exist during the previous 12 months,
the number of unique users in the U.S. who used the online forum, website, or application at
least 80 percent of the days during the previous month.
• “Resident” means a person who lives in Florida for more than 6 months of the year.
• “Social media platform” means an online forum, website, or application that satisfies each of
the following criteria:
o The platform allows users to upload content or view the content or activity of other users.
o Ten percent or more of the daily active users who are younger than 16 years of age spent,
on average, 2 hours per day or longer on the online forum, website, or application on the
days they used the online forum, website, or application during the previous 12 months;
or, if the online forum, website, or application did not exist during the previous 12
months, during the previous month.
o The platform employs algorithms that analyze user data or information on users to select
content for users.
o The platform has any of the following addictive features:
o Infinite scrolling, which means either continuously loading content, or content that
loads as the user scrolls down the page without the need to open a separate page, or
seamless content or the use of pages with no visible or apparent end or page breaks.
o Push notifications or alerts sent by the online forum, website, or application to inform
a user about specific activities or events related to the user’s account.
o A display of personal interactive metrics that indicate the number of times other users
have clicked a button to indicate their reaction to content, or the number of times they
have shared or reposted the content;
o Auto-play video or video that begins to play without the user first clicking on the
video or on a play button for that video.
o Live-streaming or a function that allows a user or advertiser to broadcast live video
content in real-time.
1
Ch. 2024-42, Laws of Fla.
2
Section 501.1736(2)-(3), F.S.
3
Section 501.1736(1), F.S. BILL: CS/SB 868 Page 3
o The term does not include an online service, website, or application if its exclusive
function is e-mail or direct messaging consisting of text, photographs, pictures, images,
or videos that are shared only between the sender and the recipients, without displaying
or posting publicly or to other users not specifically identified as the recipients by the
sender.
Minors Under 14
For minors under 14 years of age, the law requires a social media platform to:
4
• Prohibit him or her from entering into a contract with a social media platform to become an
account holder.
• Terminate any account held by him or her, including accounts that the social media platform
treats or categorizes as belonging to an account holder who is likely younger than 14 years of
age for purposes of targeting content or advertising.
o The social media platform must provide 90 days for an account holder to dispute the
termination. Termination must be effective upon the expiration of the 90 days if the
account holder fails to effectively dispute it.
• Allow an account holder to request to terminate the account. Termination must be effective
within 5 business days after the request.
• Allow the confirmed parent or guardian of an account holder to request that the minor’s
account be terminated. Termination must be effective within 10 business days after the
request.
• Permanently delete all personal information held by the social media platform relating to the
terminated account, unless there are legal requirements to maintain the information.
Minors 14 or 15 Years of Age
For minors who are 14 or 15 years of age, the law requires a social media platform to:
5
• Prohibit him or her from entering into a contract with the social media platform to become an
account holder, unless the minor’s parent or guardian provides consent for the minor to
become an account holder.
• Terminate any account held by an account holder, including accounts that the social media
platform treats or categorizes as belonging to an account holder who is likely 14 or 15 years
of age for purposes of targeting content or advertising, if the account holder’s parent or
guardian has not provided consent for the minor to create or maintain the account.
o The social media platform must provide 90 days for an account holder to dispute the
termination. Termination must be effective upon the expiration of the 90 days if the
account holder fails to effectively dispute it.
• Allow an account holder to request to terminate the account. Termination must be effective
within 5 business days after the request.
• Allow the confirmed parent or guardian of an account holder to request that the minor’s
account be terminated. Termination must be effective within 10 business days after the
request.
• Permanently delete all personal information held by the social media platform relating to the
terminated account, unless there are legal requirements to maintain the information.
4
Section 501.1736(2), F.S.
5
Section 501.1736(3), F.S. BILL: CS/SB 868 Page 4
If a court enjoins the enforcement of the provisions for minors 14 or 15 years of age, or the
provision caused a court to otherwise enjoin enforcement of any other of the provisions, then the
provision is severed, and the following comes into effect:
6
• A social media platform must prohibit him or her from entering into a contract with a social
media platform to become an account holder.
• A social media platform must:
o Terminate any account held by an account holder, including accounts that the social
media platform treats or categorizes as belonging to an account holder who is likely 14 or
15 years of age for purposes of targeting content or advertising. The social media
platform must provide 90 days for an account holder to dispute the termination.
Termination must be effective upon the expiration of 90 days if the account holder fails
to effectively dispute it.
o Allow an account holder to request to terminate the account. Termination must be
effective within 5 business days after the request.
o Allow the confirmed parent or guardian of an account holder to request that the minor’s
account be terminated. Termination must be effective within 10 business days after the
request.
o Permanently delete all personal information held by the social media platform relating to
the terminated account, unless there are legal requirements to maintain such information.
Violations and Enforcement
Knowing or reckless violation of the requirements for minor users under 14 years of age or the
requirements for minor users under 16 years of age by a social media platform is an unfair and
deceptive trade practice actionable under the Florida Deceptive and Unfair Trade Practices Act
solely by the Department of Legal Affairs.
7
In addition to other remedies under the Act, the
department may collect a civil penalty of up to $50,000 per violation and reasonable attorney
fees and court costs. If the social media platform’s failure to comply with such requirements
becomes a consistent pattern of knowing or reckless conduct, punitive damages may be assessed
against the platform.
8
A social media platform that knowingly or recklessly violates the requirements for minor users
under 14 years of age, or the requirements for minor users under 16 years of age, is liable to such
minor account holder, including court costs and reasonable attorney fees as ordered by the court.
Claimants may be awarded up to $10,000 in damages. Such an action must be brought within 1
year from the date the complainant knew, or reasonably should have known, of the alleged
violation.
9
Actions may only be brought on behalf of a resident minor,
10
and do not preclude any other
available remedy at law or equity against the social media platform.
11
6
Section 501.1736(4), F.S.
7
Section 501.1736(5), F.S.
8
Id.
9
Section 501.1736(6), F.S.
10
Id.
11
Section 501.1736(9), F.S. BILL: CS/SB 868 Page 5
For purposes of bringing an action, a social media platform that allows a minor younger than 14
years of age, or a minor who is 14 or 15 years of age, to create an account on the platform is
considered to be both engaged in substantial and not isolated activities within Florida, and
operating, conducting, engaging in, or carrying on a business and doing business in Florida, and
is therefore subject to the jurisdiction of Florida courts.
12
Department of Legal Affairs Subpoena Power
If, by its own inquiry or as a result of complaints, the Department of Legal Affairs has reason to
believe that an entity or person has engaged in, or is engaging in, an act or practice that violates
the bill, the department may administer oaths and affirmations, subpoena witnesses or matter,
and collect evidence. Within 5 days, excluding weekends and legal holidays, after the service of
a subpoena or at any time before the return date specified therein, whichever is longer, the party
served may file in the circuit court in the county in which it resides or in which it transacts
business and serve upon the enforcing authority a petition for an order modifying or setting aside
the subpoena. The petitioner may raise any objection or privilege which would be available upon
service of such subpoena in a civil action. The subpoena must inform the party served of its
rights.
13
If the matter that the department seeks to obtain by subpoena is located outside of Florida, the
entity or person subpoenaed may make it available to the department or its representative to
examine the matter at the place where it is located. The department may designate
representatives, including Florida officials where the matter is located, to inspect the matter on
its behalf, and may respond to similar requests from officials of other states.
14
Upon failure of an entity or person without lawful excuse to obey a subpoena and upon
reasonable notice to all persons affected, the department may apply to the circuit court for an
order compelling compliance.
15
The department may request that an entity or person refusing to comply with a subpoena,
because the testimony or matter may incriminate the entity or person, be ordered by the court to
provide the testimony or matter. Except in a prosecution for perjury, an entity or individual
complying with a court order to provide testimony or matter, after asserting a valid privilege
against self-incrimination, must not have the testimony or matter so provided, or the evidence
derived from it, received against the entity or person in any criminal investigation or
proceeding.
16
Any entity or person upon whom a subpoena is served must comply with the terms of the
subpoena unless otherwise provided by order of the court. Failure to appear is punishable as a
civil penalty up to $5,000 per week, including attorney’s fees, and costs.
17
12
Section 501.1736(7), F.S.
13
Section 501.1736(10), F.S.
14
Id.
15
Id.
16
Id.
17
Id. BILL: CS/SB 868 Page 6
Recent Cases
In October 2024, two internet-industry groups filed a federal lawsuit challenging the
constitutionality of Florida’s law limiting minors’ access to social media platforms. The
Computer & Communications Industry Association and NetChoice, whose members include tech
giants such as Google and Meta Platforms, alleged that the law violated their First Amendment
rights and that parents should have exclusive control of their children’s social-media use.
18
In March 2025, the motion for preliminary injunction was denied. The order did not include a
ruling on the First Amendment issue. Instead, the court denied the motion because the plaintiffs
did not show “a substantial likelihood of establishing standing.” The plaintiffs failed to show that
at least one of the group members “will suffer irreparable injury” without an injunction. The
effective date of the law was supposed to be January 1, 2025; however, in November the state
agreed not to enforce it until the ruling occurred.
19
Disappearing Messages
According to the National Law Review, “ephemeral messages are self-destructing messages with
no backup or archiving option. Unlike a typical text message that is sent and remains on a user’s
and receiver’s phone until manually deleted, ephemeral messages delete themselves after a set
time. Some examples of platforms that offer this type of feature are Signal, WhatsApp, WeChat,
and Snapchat.”
20
Disappearing messages have been found to be harmful to children. In 2020, when Facebook
introduced disappearing messages, Anna Edmundson, the National Society for the Prevention of
Cruelty to Children (NSPCC)’s head of policy, expressed concerns, stating: “Despite its age
restriction, many under-16s use WhatsApp and disappearing messages could put children at
greater risk of harm, by providing groomers with yet another tool to avoid detection and erase
evidence.”
21
Some of the risks to children of disappearing messages include: cyberbullying, sexting,
grooming, inadequate oversight, false sense of security and privacy, and inappropriate content.
22
18
Complaint at 3-4, 24-39, Computer & Communications Industry Association and NetChoice v. Uthmeier, Case No.: 4:24-
cv-00438-MW-MAF (N.D. Fla. 2024). The initial complaint was filed October 28, 2024.
19
Order Denying Motion for Preliminary Injunction, 3, 13, Computer & Communications Industry Association and
NetChoice v. Uthmeier, Case No.: 4:24-cv-00438-MW-MAF (N.D. Fla. 2024); Douglas Soule, Florida social media minor
restriction won’t be immediately enforced against top platforms, TALLAHASSEE DEMOCRAT, Nov. 21, 2024,
https://www.tallahassee.com/story/news/politics/2024/11/21/florida-wont-immediately-enforce-social-media-age-
restrictions/76457476007/.
20
Michelle A. Freeman, Disappearing Messages, Unofficial Communications Platforms and Ever-Increasing Scrutiny by
Regulators, THE NATIONAL LAW REVIEW (Oct. 7, 2024), https://natlawreview.com/article/disappearing-messages-unofficial-
communications-platforms-and-ever-increasing.
21
Mobicip Blog, Gone in a Flash: How Disappearing Messages Can Impact Your Child’s Online Safety (May 13, 2024),
https://www.mobicip.com/blog/gone-flash-how-disappearing-messages-can-impact-your-childs-online-safety [hereinafter
“Gone in a Flash”]. The NSPCC is the United Kingdom’s leading children’s charity. NSPCC, About the NSPCC,
https://www.nspcc.org.uk/about-us/ (last visited Mar. 27, 2025).
22
Gone in a Flash, supra note 21. BILL: CS/SB 868 Page 7
End-to-end Encryption
Advancements in technology create both opportunity and challenges for law enforcement.
23
One
challenge that law enforcement officials cite as preventing investigations is end-to-end
encryption or “warrant-proof” encryption. Companies employing this type of encryption have
emphasized that they do not hold encryption keys to unlock or decrypt the devices or
communication. Because of these challenges, law enforcement prefers “front door” access,
which means there is clear understanding of when they are accessing a device. A “front door”
could be opened with a “key” once law enforcement demonstrates a lawful basis for access;
however, this has the potential to lead to exploitation by hackers, criminals, and other malicious
actors.
24
Florida Deceptive and Unfair Trade Practices Act
The Florida Deceptive and Unfair Trade Practices Act
25
is a consumer and business protection
measure that prohibits unfair methods of competition, and unconscionable, deceptive, or unfair
acts or practices in the conduct of trade or commerce.
26
The Act was modeled after the Federal
Trade Commission Act.
27
The Department of Legal Affairs or the state attorney’s office in the judicial circuit affected or
where the violation occurs may bring actions on behalf of consumers or governmental entities if
it serves the public interest.
28
The state attorney’s office may enforce violations of the Act if the
violations take place within its jurisdiction. The department has enforcement authority when: the
violation is multi-jurisdictional; the state attorney defers to the department in writing; or the state
attorney fails to act within 90 days after a written complaint is filed.
29
In certain circumstances,
consumers may also file suit through private actions.
30
The department and the state attorney’s office have powers to investigate claims under the Act,
which include:
31
• Administering oaths and affirmations.
• Subpoenaing witnesses or matter.
• Collecting evidence.
23
Congressional Research Service, Law Enforcement and Technology: The “Lawful Access” Debate, 1 (Jan. 6, 2025),
available at https://www.congress.gov/crs-product/IF11769.
24
Id.
25
Part II, ch. 501, F.S.; see also s. 501.201, F.S. (providing the short title).
26
Section 501.202(2), F.S.
27
See 15 U.S.C. ss. 41-58; see also D. Matthew Allen, et. al., The Federal Character of Florida’s Deceptive and Unfair
Trade Practices Act, 65 U. MIAMI L. REV. 1083 (Summer 2011).
28
Sections 501.203(2) and 501.207(1)(c) and (2), F.S.; see also David J. Federbush, FDUTPA for Civil Antitrust Additional
Conduct, Party, and Geographic Coverage; State Actions for Consumer Restitution, 76 FLA. BAR J. 52 (Dec. 2002), available
at https://www.floridabar.org/the-florida-bar-journal/fdutpa-for-civil-antitrust-additional-conduct-party-and-geographic-
coverage-state-actions-for-consumer-restitution/ (analyzing the merits of the Act and the potential for deterrence of
anticompetitive conduct in Florida).
29
Section 501.203(2), F.S.
30
Section 501.211, F.S.
31
Section 501.206(1), F.S. BILL: CS/SB 868 Page 8
The department and the state attorney’s office may seek the following remedies:
32
• Declaratory judgments.
• Injunctive relief.
• Actual damages on behalf of consumers and businesses.
• Cease and desist orders.
• Civil penalties of up to $10,000 per willful violation.
The Act may not be applied to certain entities in certain circumstances, including:
33
• Any person or activity regulated under laws administered by the Office of Insurance
Regulation of the Department of Financial Services.
• Banks, credit unions, and savings and loan associations regulated by the Office of Financial
Regulation or federal agencies.
III. Effect of Proposed Changes:
The bill amends s. 501.1736, F.S., which regulates social media platforms and the services they
offer to minors. These changes to the statute make it easier for law enforcement agencies to
investigate potential crimes involving minors on regulated social media platforms, and facilitate
greater parental supervision of online communications between their children and others.
Specifically, the bill requires social media platforms to do all of the following with respect to
accounts held by minors:
• Provide, if a law enforcement agency obtains a subpoena, a mechanism to decrypt end-to-end
encryption or other data encryption features that restrict the accessibility of messages on any
account of a minor, so that the agency may view messages relevant to a criminal
investigation involving a minor.
• Allow a parent or legal guardian of a minor account holder to view all messages.
• Prohibit a minor account holder from using or accessing messages that:
o Are designed to disappear after a certain period of time or upon viewing;
o Self-destruct; or
o Are ephemeral in nature.
The bill takes effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
32
Sections 501.207(1), 501.208, and 501.2075, F.S. Civil Penalties are deposited into general revenue. Enforcing authorities
may also request attorney fees and costs of investigation or litigation. Section 501.2105, F.S.
33
Section 501.212(4), F.S. BILL: CS/SB 868 Page 9
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
The U.S. Supreme Court has determined that the state has a “compelling interest in
protecting the physical and psychological well-being of minors,” which “extends to
shielding minors from the influence of literature that is not obscene by adult standards.”
34
In doing so, however, the means must be narrowly tailored to achieve that end so as not
to unnecessarily deny adults access to material which is constitutionally protected
indecent material.
35
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Social media platforms will be required to provide a mechanism to decrypt end-to-end
encryption or other data encryption features that restrict the accessibility of messages on
any account of a minor when law enforcement agencies obtain a subpoena. Additionally,
social media platforms must allow the parent or legal guardian of a minor account holder
to view all messages, as well as prohibit a minor account holder from using or accessing
messages that are designed to disappear. Social media platforms will likely incur costs by
implementing the technological changes needed to comply with the bill.
C. Government Sector Impact:
The bill may result in an unknown increase in civil penalties collected by the Department
of Legal Affairs. Enforcing the bill may also increase the department’s regulatory costs.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
34
Sable Commc’s of California, Inc. v. F.C.C., 492 U.S. 115, 126 (1989).
35
Ashcroft v. American Civil Liberties Union, 542 U.S. 656, 664-66 (2004); Cashatt v. State, 873 So. 2d 430, 434 (Fla. 1
st
DCA 2004); but see Erznoznik v. City of Jacksonville, 422 U.S. 205, 213 (1975) (determining that the city’s regulation was
overly broad). BILL: CS/SB 868 Page 10
VIII. Statutes Affected:
This bill amends section 501.1736 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on March 25, 2025:
The committee substitute provides that if law enforcement obtains a subpoena, then a
social media platform must provide a mechanism to decrypt end-to-end encryption or
other data encryption features that restrict the accessibility of messages on any account of
a minor so that law enforcement may view messages relevant to a criminal investigation
involving a minor. Additionally, a social media platform must allow a parent or legal
guardian of a minor account holder to view all messages, as well as prohibit a minor
account holder from using or accessing messages that are designed to disappear after a
certain period of time or upon viewing, self-destructing messages, or messages that are
ephemeral in nature.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.