UPDATED: On Nov. 25, 2025, a federal appeals court allowed the state to enforce this law.
As of Jan. 1, 2025, it will be illegal in Florida for children under 14 to have social media accounts.
Children ages 14 and 15 will be able to, but only with parental or guardian approval. Social media platforms will be required to terminate existing accounts suspected to belong to children under 14, with a 90-day window for appeals.
While the law goes into effect on the first of January, it has already been challenged on First Amendment grounds. Attorney General Ashley Moody’s office announced last month that the state would not be enforcing the law on major social media platforms until the court rules on a motion for preliminary injunction. A hearing will be held in late February.
The part of the law requiring websites with “materials harmful to minors” visible to Floridians to use age verification systems will still go into effect.
While there’s no way to know how this will shake out, here’s what will happen if the law is allowed to stay in place.
What does Florida’s HB 3 social media ban do?
HB 3, Online Protections for Minors, would:
The bill also specifies that personal information used in age verification may not be stored, and allows actions to be brought against social media platforms that violate the bill which may also include civil penalties up to $50,000 per violation.
In a separate section, the bill requires any website with “materials harmful to minors” such as sexual content that is visible in Florida to age verification to prevent access by anyone under 18 years old.
Will the Florida social media ban for children affect Facebook? X? Instagram? Threads? TikTok?
The legislators refused to list specific sites during discussions of the bill.
Practically every online site or service requires users to create an account, and most of them have some sort of social aspect to them. According to the bill, social media platforms affected by this bill would be any online forum where:
That description would seem to include sites such as Facebook, Instagram, TikTok, and X (formerly Twitter).
Sites that are used exclusively for email or direct messaging limited to sender and recipients are not considered social media for the purposes of the bill.
Will the Florida social media ban for children affect Bluesky?
It’s up to interpretation if it would include newer X replacements such as Bluesky, as Bluesky does not currently include algorithms or livestreaming, although it possesses some of the other stated requirements such as infinite scrolling. A recent addition of an option to see more popular replies first under posts might meet the definition of “algorithm” but actual social media posts are presented in reverse chronological order with no algorithm interference.
Bluesky currently requires users to be at least 13 years old and “legally permitted to use Bluesky Social based on the laws in your country.”
I’m under 16. Will my social media account be deleted?
If the social media site has reason to believe you are younger than 14 and have an account, they will be required to terminate it and delete all personal information. You’ll have 90 days to dispute it.
If you are 14 or 15, your account will be terminated unless your parent or guardian provides consent, again with 90 days to challenge the termination.
The 2023 U.S. Surgeon General’s Advisory on Social Media and Youth Mental Health found that nearly 95% of youth aged 13 to 17 use a social media platform, with more than a third saying they use it “almost constantly.”
What are the penalties for social media services that don’t comply with the Florida social media law?
Sites that “knowingly or recklessly” violate the law will be liable for civil penalties up to $50,000 per violation, plus attorney fees and court costs. Punitive damages may be levied for persistent violations.
Sites that do not terminate accounts after being requested to do so by the minor or a parent or guardian may be liable for up to $10,000 in damages plus attorney fees and court costs.
Adult sites that do not use an age verification method can be fined up to $50,000 per violation, plus attorney fees and court costs. If the age verification service itself violates the law, it may also be fined up to $50,000 per violation.
If an adult site fails to keep a minor off the site, it can be liable to the minor for up to $10,000 plus attorney fees and court costs.
Will the Florida social media bill affect infant or child accounts run by parents or guardians?
It is unclear whether parent-run sites will be affected by the new law.
Will Florida’s social media law be stayed by the court?
No way to know at this point.
In February, the case goes before Tallahassee-based Chief U.S. District Judge Mark Walker, who has previously blocked parts of laws favored by Gov. Ron DeSantis such as the “Stop WOKE Act” and new elections laws, and most recently extended a restraining order against DeSantis’ administration to prevent it from threatening TV stations for airing ads promoting the amendment to guarantee abortion access.
But Walker has also upheld several DeSantis initiatives, and the state will almost certainly appeal if he rules to block this one.
Other states such as Ohio, Arkansas, Utah and California have attempted to limit social media access for minors but nearly all have been blocked or delayed due to lawsuits challenging them for constitutionality and First Amendment violations.
Last week, Australia passed a similar law, blocking social media use for children under 16.
When does Florida’s social media law go into effect?
The social media bill becomes law on Jan 1, 2025, but may not be enforced immediately pending legal challenges.
C. A. Bridges is a journalist for the USA TODAY Network-Florida’s service journalism Connect team. You can get all of Florida’s best content directly in your inbox each weekday day by signing up for the free newsletter, Florida TODAY.
(This story was updated with new information.)
This article originally appeared on Tallahassee Democrat: Can minors have social media in Florida? What to know about new law coming Jan. 1
Reporting by C. A. Bridges, USA TODAY NETWORK – Florida / Tallahassee Democrat
USA TODAY Network via Reuters Connect
