Is HB 1 Dead? Features of Online Protection for Minors Submitted as Amendments to HB 3 By Senator Erin Grall
Gov. Desantis, Speaker Renner reach compromise and make a “better bill.”
Early Friday morning Governor Ron DeSantis vetoed Paul Renner’s signature legislation, HB 1, Online Protections for Minors Act. The bill had easily passed through the Florida House and later the Senate where it was sponsored by Erin Grall (R - Vero Beach-29). DeSantis said on X, “I have vetoed HB 1 because the Legislature is about to produce a different, superior bill. Protecting children from harms associated with social media is important, as is supporting parents’ rights and maintaining the ability of adults to engage in anonymous speech. I anticipate the new bill will recognize these priorities and will be signed into law soon.”
Many opponents of the very bi-partisan HB 1 had applauded DeSantis’ veto. In the immediate aftermath of the veto, observers were looking for the House and Senate to override DeSantis striking down HB 1. However, the thirst for a dramatic defiance was not quenched and the opponent’s jubilation was short-lived. Instead of an override of the Governor’s veto, Speaker Renner with lawmakers in the House and Senate teamed up with DeSantis administration, stakeholders and citizens to begin working on a compromise for HB 1.
In Renner’s quest to protect Florida children from online predators and mental health issues arising from what lawmakers describe as “addictive features” purposely implemented “as a business model” on specific social media platforms, aspects of HB 1 were joined with another bill, HB 3, Online Access to Materials Harmful to Minors. As a standalone bill from HB 1, HB 3 dealt directly with preventing pornography and human traffickers getting access to children. As noted in floor debates in both House and Senate, 90% of children who end up being trafficked in the USA get involved through their social media accounts. HB 3 was pulled late Friday from a senate committee so it could be reworked with amendments from the language of HB1.
The core issue of HB 1 for DeSantis was the lack of emphasis on parental rights and what opponents viewed as violations of privacy. HB 1 had what Speaker Renner termed in his press conference “an age verification regime.” Under the previous bill, social media platforms as defined would have had to require age verification. Teenage users would be submitting private data to a third party for verification before being authorized a new account. Furthermore, adults signing-up for accounts would be subjected to these verification methods as well. In the new bill, instead of the 16 year-old age requirement for new accounts, the new HB 3 offers a parental permission for 14 year-olds and 15 year-old children. Current federal law sets a minimum age requirement of 13 years-old. This new wrinkle may invite a court challenge. If that were to happen, there is a provision in the bill to return to that “age verification regime” with a 16 year-old age requirement.
The updated amendments for HB 3 were written and filed by Senator Grall who has been a stalwart for parental rights and the state’s interest in the well-being of its vulnerable young citizens. Through a senate rule, HB 3 will be heard on Monday, March 4 in a special session. On Friday at his press conference, with a contented smile Renner commented, “For those following at home, HB 1 was also HB 3, and HB 3 is also HB 1. So we are happy that we started out with a very very good bill (HB 1) and now this bill is even better, and I mean that. We hit the right mark through additional collaboration.”
At Friday’s press conference, house sponsors, Tyler Sirois (R - Merritt Island) and Michele Rayner (D - Pinellas) spoke to the mission of HB 1 being incorporated into HB 3. Representative Sirois emphasized, “I want to reiterate our message … all of the data, all of the information we have reviewed, certainly since the three hour workshop on the harms of social media on our children … we understand these addictive features are the root of the problem. These companies are intentionally deploying them to exploit the way our children think and behave, develop, form relationships and receive information. It’s got to stop.”
Representative Rayner added, “we were listening to our stakeholders and listening to the people that we serve … I want to also highlight, and I think this has gotten lost in the narrative, this is a bi-partisan bill. This is members of each side coming together saying, ‘We want to protect our children.’ We have a product here that will survive constitutional scrutiny. We are not talking about content here, we are talking about a business model.”
Rayner went on to mention how the business executives who run these companies do not even allow their own kids to use social media. She pointed to the reviewed evidence of internal documents and open testimony of “executives admitting these features intentionally harm children,” therefore, they keep their kids away from it. Receiving questions from the gaggle of reporters, Speaker Renner commented, “Their business model is addiction that causes harm to children for profit. That’s not good.”
However, Renner did recognize that while he would personally prefer that the age verification was the “bright line” of 18 years of age, he knows others in the community will have a different views than his own. “I do prefer a bright line, but again this a product of compromise. The way we’ve addressed it is a nuanced one that gives deference to the fact that we have our view on things and others think we shouldn’t be involved at all.”
Renner further explained that the parental consent language added to the bill would probably generate wider acceptance from Florida citizens. More importantly, it avoided the override route and its political implications. At the end of the day, Renner was thankful to all involved in getting this legislation revived and moving forward.
The organization, Parental Rights Florida, which had sent out a call-to-action letter for DeSantis to sign the original HB 1, was grateful for Speak Renner’s leadership. In a statement supporting the passage of the new HB 3, director Patti Sullivan thanked Renner for his persevering and patient leadership. She added, “Your commitment in the legislative process is stellar. I have seen firsthand the depth and complexity of work that it takes for legislators to pass good legislation on behalf of Floridians. Your commitment has kept Florida leading the way in protecting children and empowering parents.”
Once HB 3 goes through the Senate it will head to the House for a vote where it is expected to easily pass like its predecessor. Afterward, Governor DeSantis is expected to sign it into law.