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 1788
INTRODUCER: Judiciary Committee and Senators Grall and Garcia
SUBJECT: Age Verification for Social Media Platform Accounts
DATE: February 5, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Collazo Cibula JU Fav/CS
2. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1788 requires social media platforms that are regulated by the bill to perform reasonable
age verification before permitting users to access their platforms. These platforms regulated by
the bill are distinguishable from unregulated platforms primarily due to their:
 Use of addictive, harmful, or deceptive design features, or any other feature that is designed
to cause an account holder to have an excessive or compulsive need to use or engage with the
social media platform.
 Allowance of the use of information derived from the social media platform’s tracking of the
activity of an account holder to control or target at least part of the content offered to the
account holder.
The age verification method used must be conducted by a nongovernmental, independent, and
U.S.-based third party that is not affiliated with the social media platform.
The bill requires social media platforms to prohibit minors younger than 16 years of age from
entering into contracts with them to become account holders. With respect to existing accounts
belonging to minors younger than 16, the bill requires social media platforms to terminate them,
and also allows the account holders or their parents or guardians to terminate them. Social media
platforms must permanently delete all personal information held by them relating to terminated
accounts unless otherwise required by law to maintain the personal information.
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The bill does not apply to certain websites identified in the bill, including those whose
predominant function is electronic mail, messaging, or texts; streaming services; news, sports, or
entertainment; or online shopping or gaming.
Any violation of the bill’s regulations is deemed to be an unfair and deceptive trade practice,
actionable only by the Department of Legal Affairs under the Florida Deceptive and Unfair
Trade Practices Act. The bill also provides a private cause of action against social media
platforms for failing to timely delete the account of a minor younger than 16 years of age after
receiving a request to delete the account.
The bill authorizes the department to adopt rules to implement the bill.
The bill takes effect on July 1, 2024.
II. Present 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 Today, an estimated 4.9
billion people use social media across the world.2 In 2005, the year Facebook started, just 5
percent of American adults used social media platforms. By 2011, that share had risen to half of
all Americans; and by 2021, 72 percent of the public used some type of social media.3
Approximately 38 percent of children between the ages of 8 and 12, and 84 percent of teenagers
between the ages of 13 and 18, are using social media.4 More than one in three teens, ages 13 to
17, report that they use social media “almost constantly.”5 To comply with federal requirements,
some social media companies already prohibit kids younger than 13 from creating accounts on
their platforms, but children can easily get around such bans, regardless of whether they have
their parents’ consent.6
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 has largely shifted to mobile phones and tablets. With the advent of social
media apps that run on smartphones, end users can now take their communities with them
1
Meriam-Webster, Dictionary, Definition: Social Media, https://www.merriam-webster.com/dictionary/social%20media
(last visited Jan. 17, 2024).
2
Belle Wong, Top Social Media Statistics And Trends Of 2024, Forbes Advisor, May 18, 2023, https://www.forbes.com/
advisor/business/social-media-statistics/.
3
Pew Research Center, Social Media Fact Sheet, Apr. 7, 2021, https://www.pewresearch.org/internet/fact-sheet/social-
media/.
4
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.
5
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%20disorder.
6
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-443530d9baa3f91386bf9fbfb313bbaf.
BILL: CS/SB 1788 Page 3
wherever they go and use social media at any time.7
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 get them to do
things that they may not normally do, such as impulse purchasing, giving away personal
information, or spending excessive time on websites.8 Examples of dark patterns include
“autoplay,” when a video website automatically plays new videos in succession as a default
setting;9 and “infinite scroll,” when a website allows users to scroll endlessly through content,
rather than clicking through pages.10
In 2022, the Federal Trade Commission issued a report outlining the ways that companies are
increasingly using dark patterns to manipulate consumers into buying products or forfeiting their
privacy.11 Common dark pattern tactics include:
 Disguising ads by designing advertisements to look like independent editorial content.
 Claiming to be neutral, but actually ranking companies in exchange for compensation.
 Using countdown timers designed to make consumers believe they only have a limited time
to purchase a product or service, even though 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 they do not see before making a purchase.
 Tricking consumers into sharing data, which involves falsely giving consumers choices about
privacy settings or sharing data, but instead steering them toward the option that gives away
the most personal information.12
Recently, the commission has filed complaints against several companies for using dark patterns
as a deceptive trade practice.13 For example, it has taken action against Twitter (now X), alleging
it deceptively used account security information to sell targeted advertisements.14 Additionally,
7
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/.
8
Brad Bartlett, Dark Design Patterns: Teach Kids to Recognise Them, Kidslox, Feb. 7, 2023, https://kidslox.com/guide-
to/dark-design-patterns/.
9
René Otto, Autoplay and infinite scroll, Medium, Jan. 26, 2021, https://rene-otto.medium.com/autoplay-and-infinite-scroll-
8607abe52bb7#:~:text=nobody%20asked%20for%20autoplay%20video,%3A%20stealing%20your%20attention%20back.%
E2%80%9D.
10
Erin Rupp, The Infinite Scroll: Why It’s So Addictive and How to Break Free, Freedom.to, Feb. 28, 2022, https://freedom.
to/blog/infinite-scroll/.
11
Federal Trade Commission (FTC), 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.
12
Id.
13
Frank Gorman et al., FTC Targets “Dark Patterns” in Actions Against Amazon and Publishers Clearing House,
WilmerHale, Aug. 14, 2023, https://www.wilmerhale.com/insights/client-alerts/20230814-ftc-targets-dark-patterns-inactions-
against-amazon-and-publishers-clearing-house.
14
FTC, 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.
BILL: CS/SB 1788 Page 4
the commission filed a complaint against Amazon, alleging the use of dark patterns to deceive
users into subscribing to a premium service.15 Both cases are still pending.
Effects on Children
Social media has become an important aspect of the digital interactions of minors, who use social
media for entertainment and communication purposes.16 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.17 Some 80 percent of teenagers say social media
allows them to feel more connected to their peers, according to a 2022 Pew Research Center
survey of U.S. teens ages 13 to 17. Overall, one in three said that social media has had a mostly
positive effect on them, while 59 percent said that it had neither a positive nor a negative effect.18
On the other hand, many teens’ use, and overuse, of social media has raised questions about its
effect on their physical and mental health by distracting them, disrupting their sleep, and
exposing them to bullying, rumor spreading, unrealistic views of other people’s lives, and peer
pressure.19
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.20 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.”21
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.22
15
FTC, 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.
16
Andrea Irmer & Florian Schmiedek, Associations between youth’s daily social media use and well-being are mediated by
upward comparisons, 1 COMMUN. PSYCHOL. 12 (Aug. 22, 2023), available at https://doi.org/10.1038/s44271-023-00013-0.
17
Maya Dollarhide, Social Media: Definition, Effects, and List of Top Apps, Investopedia.com, Aug. 31, 2023, https://
www.investopedia.com/terms/s/social-media.asp.
18
Monica Anderson et al., Connection, Creativity, and Drama: Teen Life on Social Media in 2022, Pew Research Center,
Nov. 16, 2022, https://www.pewresearch.org/internet/2022/11/16/connection-creativity-and-drama-teen-life-on-social-media-
in-2022/.
19
Mayo Clinic, Tween and teen health, https://www.mayoclinic.org/healthy-lifestyle/tween-and-teen-health/in-depth/teens-
and-social-media-use/art-20474437 (last visited Jan. 17, 2024).
20
U.S. Department of Health and Human Services, Office of the Surgeon General, Social Media and Youth Mental Health:
The U.S. Surgeon General’s Advisory (2023), available at https://www.ncbi.nlm.nih.gov/books/NBK594761/.
21
Lauraine Langreo, Surgeon General: Kids Under 14 Should Not Use Social Media, EducationWeek, Feb. 2, 2023,
https://www.edweek.org/leadership/surgeon-general-kids-under-14-should-not-use-social-media/2023/02.
22
Matt Richtel, Is Social Media Addictive? Here’s What the Science Says., The New York Times, Oct. 25, 2023,
https://www.nytimes.com/2023/10/25/health/social-media-addiction.html.
BILL: CS/SB 1788 Page 5
Based on their preparation and review of studies and other scientific research, many experts have
called for the regulation of social media, and specifically, regulation of the use of social media
by children. Dr. Mary Alvord, a member of the American Psychological Association social
media advisory panel, has stated that just because social media is here to stay, it does not mean
the dangers have to be accepted. “Just as we decide when kids are old enough to drive, and we
teach them to be good drivers, we can establish guidelines and teach children to use social media
safely.” 23
Safety Measures and Parental Controls
Providing children with information regarding how to more safely use social media could reduce
or eliminate harms. Having conversations with them about social media, its benefits, and its
risks, could promote positive social media usage.24 Parental controls can also protect children
from inappropriate content, cyberbullying, and other online safety issues.25 Examples of parental
controls include blocking websites, filtering content, imposing limits on screen time, allowing
parents to monitor online activity, using location tracking, and disabling Wi-Fi.26
However, two 2018 studies found that parental control apps may actually be counterproductive
because they harm the trust between a parent and child and reduce the child’s ability to respond
to online threats. In one of the studies, children believed that the apps were overly restrictive and
prevented them from doing everyday tasks, such as homework assignments. Additionally, a
researcher stated that “parental involvement and direct supervision were both associated with
fewer peer problems and less online victimization for teens, but neither of these factors
correlated with the use of parental control apps.”27
Lawsuits
Evidence exists that social media platforms have intentionally created algorithms and other
functions that are deliberately designed to hold users’ attention as long as possible, tapping into
psychological biases and vulnerabilities relating to the human desire for validation and fear of
rejection. The platforms continue to use these algorithms and functions even though they are
aware that too much passive use of social media can be unhealthy.28
23
Kirsten Weir, Social media brings benefits and risks to teens. Here’s how psychology can help identify a path forward,
American Psychological Association, Sept. 1, 2023, https://www.apa.org/monitor/2023/09/protecting-teens-on-social-media.
24
WebMD Editorial Contributors, How to Talk to Your Kids About Social Media, WebMD.com, https://www.webmd.com/
parenting/how-to-talk-to-kids-about-social-media (last visited Jan. 17, 2024).
25
Internetmatters.org, Parental Controls, https://www.internetmatters.org/parental-controls/ (last visited Jan. 17, 2024).
26
Caroline Knorr, Parents’ Ultimate Guide to Parental Controls, Commonsensemedia.org, Mar. 9, 2021, https://www.
commonsensemedia.org/articles/parents-ultimate-guide-to-parental-controls.
27
Barbara Abney & Zenaida Kotala, Apps to Keep Children Safe Online May be Counterproductive, UCF Today, Apr. 2,
2018, https://www.ucf.edu/news/apps-keep-children-safe-online-may-counterproductive/.
28
R. Kraut et al., Internet paradox: a social technology that reduces social involvement and psychological well-being?,