HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1 Social Media Use for Minors
SPONSOR(S): Judiciary Committee, Sirois and others
TIED BILLS: HB 1377 IDEN./SIM. BILLS: SB 1788
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development 13 Y, 1 N Wright Anstead
Subcommittee
2) Judiciary Committee 17 Y, 5 N, As CS Leshko Kramer
SUMMARY ANALYSIS
In 2023, an estimated 4.9 billion people worldwide used social media. Many experts have tied the increased use of
social media in our society to the increase in rates of depression, anxiety, and stress in adolescents. Studies also
indicate that social media may trigger an array of negative emotions in users that contribute to or worsen their
depression symptoms. Accordingly, bipartisan groups, professional associations, teachers, and parents across the
world have recently sounded the alarm about the dangers of social media use by children. The U.S. Surgeon
General and the American Psychological Association have issued advisories urging action to protect children online.
CS/HB 1 requires social media platforms to prohibit children under the age of 16 from creating an account and to
perform reasonable age-verification methods to verify that the age of a person attempting to create an account is 16
years of age or older. The reasonable age-verification method must be conducted by a non-governmental,
independent third-party not affiliated with the social media platform, and any information used to verify age must be
deleted after it is verified.
The bill requires a social media platform to do the following related to existing accounts belonging to a minor
younger than 16 years of age:
 Terminate any such account that it reasonably knows to be held by a minor younger than 16 years of age.
 Allow such an account holder or the confirmed parent or guardian to terminate the account.
 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.
If the social media platform allows minors who are 16 or 17 years of age to create an account on the platform, the
bill requires the platform to include a link on its Internet homepage or platform login page that contains certain
information, including:
 A disclosure of the use of addictive designs, deceptive patterns, and manipulated images.
 Local resources for law enforcement, suicide prevention, and domestic violence prevention services.
 A reporting mechanism related to bullying, harassment, and threats of violence or self -harm.
 Whether the platform collects or sells personal information of minors under the age of 18 and to whom it is
sold.
The bill does not apply to certain websites whose predominant function is e-mail, messaging, or texts; streaming
services, news, sports or entertainment sites; and online shopping or gaming.
The bill provides that, if a social media platform violates the requirements for minor users under 16 years of age, it is
an unfair and deceptive trade practice actionable under the Florida Deceptive and Unfair Trade Practice Act, solely
by the Department of Legal Affairs. The bill also provides a private cause of action against a social media platform
that fails to timely delete an account of a minor under 16 years of age after receiving a request to delete the
account.
The bill may have an indeterminate fiscal impact on state government and private entities. See Fiscal Comments.
The bill provides an effective date of July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Social Media Platforms
The term “social media” includes “forms of electronic communication (such as websites for social
networking and microblogging) through which users create online communities to share information,
ideas, videos, personal messages, and other content.”1
In 2005, the year Facebook started, just 5% of American adults used social media platforms. By 2011,
that share had risen to half of all Americans, and by 2021, 72% of the public used some type of social
media.2
Approximately 38% of children between the ages 8 to 12 and 84% of teenagers between the ages of 13
and 18 are using social media.3 More than one in three teens ages 13 to 17 report that they use social
media “almost constantly”.4 Some social media companies already prohibit kids under 13 from signing
up to their platforms to comply with federal requirements, but children may easily get around the bans,
regardless of their parents’ consent.5
In less than a generation, social media has evolved from a direct electronic information exchange to a
virtual gathering place, retail platform, and marketing tool. What began as a desktop or laptop
experience shifted to mobile phones and tablets. With the advent of social media apps that could run on
smartphones, end users could take their communities with them wherever they went and use social
media at any time.6
Social Media and Addictive Designs and Deceptive Patterns
In general, “addictive designs” or “deceptive patterns,” also called “dark patterns,” are deceptive user
experiences that take advantage of how people habitually use websites to incentivize people to do
something they may not normally do, such as impulse purchasing, giving away personal information, or
spending excessive time on a website.7 Examples include “autoplay,” when a video website
1 Meriam-Webster, Dictionary, Definition, Social Media, https://www.merriam-webster.com/d ictionary/social%20media (last visited
Jan. 8, 2024).
2 Pew Research Center, Social Media Fact Sheet, (Apr. 7, 2021), https://www.pewresearch.org/internet/fact-sheet/social-media/ (last
visited Jan. 8, 2024).
3 Shiv Sudhakar, Age 13 and younger is 'too early' for kids to be on social media, surgeon general admits, Fox News, Feb. 10, 2023,
https://www.foxnews.com/lifestyle/age-13-too-early -kids-social-media-surgeon-general (last visited Jan. 9, 2024).
4 The Annie E. Casey Foundation, Social Media's Concerning Effect on Teen Mental Health , (Aug. 10, 2023),
https://www.aecf.org/blog/social-medias-concerning-effect-on-teen-mental-
health#:~:text=Numerous%20studies%20show%20that%20higher,poor%20body%20image%2C%20eating%20d isorder (last visited
January 8, 2024).
5 Barbara Ortutay, Car seats and baby formula are regulated. Is social media next? , The Associated Press, May, 23, 2023,
https://apnews.com/article/surgeon-general-kids-social-media-teens-tiktok-instagram-443530d 9baa3f91386bf9fbfb313bbaf (last
visited Jan. 9, 2024).
6 Maryville University, The Evolution of Social Media: How Did It Begin, and Where Could It Go Next?, (May 28, 2020),
https://online.maryville.edu/blog/evolution-social-media/ (last visited Jan. 8, 2024).
7 Brad Bartlett, Dark Design Patterns: Teach Kids to Recognise Them, Kidslox, Feb. 7, 2023, https://kidslox.com/guide-to/dark-
design-patterns (last visited Jan. 6, 2024).
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 automatically plays new videos in succession as a default setting;8 and “infinite scroll,” when a website
allows users to scroll endlessly through content, rather than clicking through pages.9
In 2022, the Federal Trade Commission (FTC) issued a report outlining the ways that companies are
increasingly using dark patterns to manipulate consumers into buying products or forfeiting their
privacy.10 Common dark pattern tactics include:
 Disguising ads by designing advertisements to look like independent, editorial content; claiming
to be neutral but really ranking companies based on compensation; and utilizing countdown
timers designed to make consumers believe they only have a limited time to purchase a product
or service when the offer is not actually time-limited.
 Making it difficult to cancel subscriptions or charges, which involves tricking someone into
paying for goods or services without consent.
 Burying key terms and junk fees, which involves hiding or obscuring material information from
consumers that consumers do not see before making a purchase.
 Tricking consumers into sharing data, which involves falsely giving consumers choices about
privacy settings or sharing data, and instead steering consumers toward the option that gives
away the most personal information.11
Recently, FTC has filed complaints against several companies for using dark patterns as a deceptive
trade practice.12 For example, FTC has taken action against Twitter (now X), alleging it deceptively
used account security information to sell targeted advertisements. 13 Additionally, FTC filed a complaint
against Amazon, alleging use of dark patterns to deceive users into subscribing to a premium service. 14
Both cases are still pending.
Effects of Social Media on Children
Social media has become an important aspect of the digital interactions of minors, who use social
media for entertainment and communication purposes. 15 Adolescents are constantly in touch with their
peers via social media accounts. However, social media has the potential to have both positive and
negative effects on their health.16
Children may experience many benefits from using social media, including:17
 Enhancing their communication skills;
 Enhancing their social connections;
8 Rene Otto, Autoplay and infinite scroll, Medium, https://rene-otto.medium.com/autoplay-and-infinite-scroll-
8607abe52bb7#:~:text=nobody%20asked%20for%20autoplay%20video,%3A%20stealing%20your%20attention%20back.%E2%80%
9D (last visited Jan. 6, 2024).
9 Erin Rupp, The Infinite Scroll: Why It’s So Addictive and How to Break Free, Freedom.to, Feb. 28, 2022, The Infinite Scroll: Why
It’s So Addictive and How to Break Free - Freedom Matters (last visited Jan. 6, 2024).
10 Federal Trade Commission, FTC Report Shows Rise in Sophisticated Dark Patterns Designed to Trick and Trap Consumers , Sep.
15, 2022, https://www.ftc.gov/news-events/news/press-releases/2022/09/ftc-report-shows-rise-sophisticated-dark-patterns-designed-
trick-trap-consumers (last visited Jan. 9, 2024).
11 Id.
12 Frank Gorman, Benjamin Chapin, Reade Jacob, and Julia May, FTC Targets “Dark Patterns” in Actions Against Amazon and
Publishers Clearing House, WilmerHale, https://www.wilmerhale.com/ insights/client-alerts/20230814-ftc-targets-dark-patterns-in-
actions-against-amazon-and-publishers-clearing-house (last visited Jan. 6, 2024).
13 Federal Trade Commission, FTC Charges Twitter with Deceptively Using Account Security Data to Sell Targeted Ads, May 25,
2022, https://www.ftc.gov/news -events/news/press-releases/2022/05/ftc-charges-twitter-deceptively-using-account-security-data-sell-
targeted-ads (last visited Jan. 9, 2024).
14 Federal Trade Commission, FTC Takes Action Against Amazon for Enrolling Consumers in Amazon Prime Without Consent and
Sabotaging Their Attempts to Cancel, Jun. 21, 2023, https://www.ftc.gov/news -events/news/press-releases/2023/06/ftc-takes-action-
against-amazon-enrolling-consumers-amazon-prime-without-consent-sabotaging-their (last visited Jan. 6, 2024).
15 Andrea Irmer & Florian Schmiedek, Associations between youth’s daily social media use and well -being are mediated by upward
comparisons, Communications Psychology, (Aug. 22, 2023), https://www.nature.com/articles/s44271-023-00013-0#citeas (last visited
Jan. 8, 2024).
16 Maya Dollarhide, Social Media: Definition, Effects, and List of Top Apps, Investopedia.com,
https://www.investopedia.com/terms/s/social-media.asp (last visited Jan. 6, 2024).
17 Id.
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  Making new friends and meaningful connections;
 Exchanging ideas and digital photos;
 Developing a new interest, and experimenting with new forms of self-expression;
 Learning basic social and technical skills;
 Feeling more included;
 Interacting across geographic barriers; and
 Enjoying humor.
On the other hand, common risks associated with using social media include:18
 Depression;
 Increased stress;
 Social withdrawal;
 Anxiety;
 Poor body image;
 Loneliness;
 Low self-esteem;
 Exposure to harmful or inappropriate content;
 Exposure to dangerous people;
 Cyberbullying;19
 Sexting;
 Oversharing personal or private information;
 Exposure to excessive advertisements;
 Being the victim of hacking or identity theft;
 Interference with sleep, exercise, homework, or family activities;
 Drama;
 Social pressure;
 Suicide or suicidal thoughts;
 Negative influence on cognitive ability; and
 Negative school performance.
Children use social media to find community,20 but their mental health may be negatively affected.
Deterioration in mental health is one of the side effects stemming from social media overuse. The link
between social-media use, depression, and loneliness has been causally linked or proven by
psychologists showing that an increase in use causes a decrease in well-being.
In May 2023, U.S. Surgeon General Dr. Vivek Murthy released an advisory to call attention to the
effects of social media on youth mental health. The advisory noted that at crucial periods of adolescent
brain development, social media use is predictive of decreases in life satisfaction, as well as additional
concerns around body image, sleep issues, and much more.21 He also concluded that 13 years old is
“too early” for children to use social media, despite most social media companies allowing 13-year-olds
to use their platforms, because in early adolescence, kids are still “developing their identity, their sense
of self.”22
18 Loyola Medicine, Social Media Safety for Kids and Teens, https://www.loyolamedicine.org/about-us/blog/social-media-safety-kids-
teens, (last visited Jan. 6, 2024); Is social media bad for mental health and wellbeing? Exploring the perspectives of adolescents.
O'Reilly M, Dogra N, Whiteman N, Hughes J, Eruyar S, Reilly P. Clin Child Psychol Psychiatry. 2018; 23:601–613.
19 Research shows that victims of cyberbullying are more likely to use alcohol and drugs and skip school than other students. Th ey
also are more likely to receive poor grades and experience low self esteem and health problems. In extreme situations, cyberb ullying
has led to suicide. Fisher BW, Gardella JH, Teurbe-Tolon AR, Peer cybervictimization among adolescents and the associated
internalizing and externalizing problems: a meta-analysis.. J Youth Adolesc., Jul. 22, 2016,
https://pubmed.ncbi.nlm.nih.gov/27447707/ (last visited Jan. 8, 2024).
20 Pew Research Center, Teens’ Social Media Habits and Experiences, https://www.pewresearch.org/internet/2018/11/28/teens -social-
media-habits-and-experiences/, (last visited Jan. 6, 2024).
21 "Social Media and Youth Mental Health," The US Surgeon General's Advisory, May 2023.
22 Lauraine Langreo, EducationWeek, Surgeon General: Kids Under 14 Should Not Use Social Media, Feb. 2, 2023,
https://www.edweek.org/leadership/surgeon-general-kids-under-14-should-not-use-social-media/2023/02 (last visited Jan. 6, 2024).
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 Other experts, such as David Greenfield, a psychologist, agree and assert the platforms lure users with
powerful tactics. One such tactic is “intermittent reinforcement,” which refers to a reward scheme in
which the user receives rewards inconsistently and unpredictably. While adults are susceptible, young
people are particularly at risk because the brain regions that are involved in resisting temptation and
reward are not nearly as developed in children and teenagers as in adults.23
Examples of studies and reports that have shown the dangers of social media use by children include
the following.
 One study conducted by social media and psychology scholars found a link between social
media use and poor mental health, especially among girls. The study demonstrated that girls
experience a consistent and substantial association between mental health and social media,
and such associations were stronger than links between mental health and binge drinking,
sexual assault, obesity, and hard drug use. 24
o Dr. Jean Twenge, a generational trends scholar, saw the beginning of a mental health
crisis starting in 2012 when reviewing mental health metrics that showed rates of
depression, anxiety, and loneliness were rising, which she points out coincides with the
fast rise in use of smartphones in 2012 and all the social media that comes along with
them.25
 Another study found that social media use causes children to be more sensitive to anticip