Uthmeier ramps up social media discourse as attorney general election approaches

Attorney General James Uthmeier is seeking further social media regulation for young Floridians after rejecting a national social-media settlement and following a court victory last week.

Appearing at a news conference Thursday, Uthmeier gave parameters of legislation he wants to pursue next regular legislative session. Those are restrictions for social media use by minors beyond a 2024 law that has been long tied up in court. That law bans social media use for Floridians younger than 14 and requires parental consent for 14- and 15-year-olds.

The parameters, distributed absent official bill language, are in the same wheelhouse Uthmeier asked Instagram to comply with earlier this month as part of ongoing litigation with that social-media company.

Florida taking next step against Instagram after rejecting nationwide settlement

Uthmeier faces reelection in less than two weeks. His Democratic challenger, former state Sen. Jose Javier Rodriguez, criticized the incumbent’s handling of social media litigation, saying, “Florida families deserve an Attorney General who understands that protecting children matters more than political headlines.”

The legislative concept would require age determinations and parental consent for minors to download apps, according to the attorney general’s office. He’s also seeking to prohibit AI chatbots from giving minors companionship, encourage harm, or generate sexual content.

The app would require social media apps to offer a quiet mode from 11 p.m. to 7 a.m. and during the school day when school is in session, as well as a two-hour daily use limit. 

Companies would face up to a $50,000 fine per violation. 

“These are the smartest data engineers in the world. If a pedophile is shut off their account, they’ve got to make sure that that person does not come back and if they fail they will face damages,” Uthmeier said.

Joining Uthmeier were Polk County Sheriff Grady Judd; Polk State College President Anastasios Kamoutsas, a former commissioner of education; parents; and state Rep. Jennifer Kincart Jonsson, a Republican from Lakeland.

“Technology is changing faster than ever and we have a responsibility to make sure our laws keep up,” Kincart Jonsson said.

The makeup of Florida’s next Legislature is still to be determined by voters, and no bills aside from claims bills have been formally filed for the 2027 session, which starts March 2.

Uthmeier cannot personally file a bill. Only a member of the Florida House or Senate may do that.

Settling

Florida and New Mexico rejected a near-nationwide settlement with Meta, the company that owns Instagram and Facebook, in a child-safety case. The settlement, worth about $18 billion, would’ve brought millions to Florida, but Uthmeier has refused to settle.

“We told them we’ll see them in court. We stand to make a lot more money in court than caving, settling, selling out our kids for pennies on the dollar,” Uthmeier said, then pointed to New Mexico’s Wednesday court-ordered payout. 

A state court there ordered Meta to pay the state $25 billion. The judge said the state was entitled to about $220 billion following a jury trial that determined Meta violated New Mexico’s Unfair Practices Act 44 million times.

New Mexico judge orders Meta to pay state $25B

In a news release distributed about the same time as Uthmeier’s press conference, his Democratic opponent Rodriguez criticized Uthmeier’s approach to the Meta settlement.

“When Congress failed to act, attorneys general across the country stepped up and, after years of battle in court, secured historic protections for children on social media. James Uthmeier walked away from those protections for a cheap press conference promising a bigger payday without any plan to achieve it,” Rodriguez said. 

Last week a federal appeals court ruled that the social media ban for minors is likely constitutional, reversing and vacating a preliminary injunction against its enforcement.

Appeals court lifts block on Florida law restricting social media access for teens

The U.S. Court of Appeals for the 11th Circuit wrote that the 2024 law operates “not as an outright prohibition of platform usage but rather as a ‘conditional ban’ of sorts — namely, on platforms’ use of addictive features and algorithms.”

As indicated by tech companies’ reaction to the ruling, they want to avoid identification requirements to use the internet. “In the name of curbing overuse, the decision risks imposing identity authentication on Floridian internet users of all ages,” Computer & Communications Industry Association President Matt Schruers said following the ruling. 

“We beat them in court. The 11th Circuit ruled just last week that our law is upheld so it is on the books and these companies are on notice if they don’t follow it, our office is going to take them to court, and they’re going to have to pay,” Uthmeier said.