On November 25, 2025, the Eleventh Circuit stayed the preliminary injunction 2 to 1, allowing enforcement. On October 14, 2026, a panel of Judges Newsom, Luck and Tjoflat ruled unanimously for Florida. It held that HB 3 is likely a content-neutral rule that passes intermediate scrutiny, reversed the injunction as applied to CCIA and NetChoice members, vacated it on the facial challenge, and sent the case back to the district court. The law stays in force.
Florida HB 3 (Social Media and Adult Sites)
- Introduced
- Passed House
- Passed Senate
- Became Law
In force; Eleventh Circuit upheld it October 14, 2026
Bars under-14s from social media, requires parental consent for 14- and 15-year-olds, and makes adult sites verify every visitor's age.
Latest update
Eleventh Circuit ruled 3 to 0 that HB 3 likely survives the First Amendment and reversed the preliminary injunction; case returned to the district court
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Take action on this issueThe bill
Read the full billOfficial bill recordKey facts
- Where
- Florida, United States
- Bill number
- Florida HB 3
- Status
- Law
- Introduced
- January 24, 2024
- Takes effect
- January 1, 2025
- Threat
- High
- Last update
- October 14, 2026
Topics
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What it does
Florida's law stops platforms from letting anyone under 14 hold an account and requires a parent's consent for 14- and 15-year-olds, so platforms have to work out every user's age. A second section, s. 501.1737, makes any site where more than a third of the material is harmful to minors verify that visitors are 18, and it must offer both an anonymous and a standard verification method. Both parts took effect January 1, 2025. The attorney general is enforcing the social media part, and on June 15, 2026 he sued TikTok under it, seeking $50,000 per violation.
What’s at stake
On October 14, 2026, a three-judge Eleventh Circuit panel ruled 3 to 0 that the law likely survives the First Amendment. It called the law a content-neutral rule on "addictive features" and leaned on the Supreme Court's Paxton ruling to approve age checks that limit minors' access to protected speech. That makes Florida the template for banning minors and carding everyone else.
Our take
Florida found the framing that works in court: call it a rule about features, and the age checks ride along. A federal appeals court has now approved it. Legislatures drafting their next social media laws are watching.
Timeline
Eleventh Circuit ruled 3 to 0 that HB 3 likely survives the First Amendment and reversed the preliminary injunction; case returned to the district courtLatest
TikTok's motion to dismiss the state's suit reported; it argues HB 3 is vague and violates the First Amendment
Attorney General Uthmeier sued TikTok under HB 3 in St. Lucie County circuit court
Eleventh Circuit heard oral argument in CCIA & NetChoice v. Uthmeier
Eleventh Circuit stayed the preliminary injunction 2 to 1 pending appeal; enforcement allowed while litigation continues
Free Speech Coalition's challenge to the adult-site section ended after the Supreme Court's Paxton ruling
Took effect, including the adult-site age verification section
Free Speech Coalition sued over the adult-site age verification section (s. 501.1737)
Signed by Governor DeSantis (Ch. 2024-42)
The record
Votes
- Senate: Final passage (30 to 5), March 4, 2024
- House: Final passage (109 to 4)
Legal challenges
Filed December 16, 2024 against s. 501.1737 (N.D. Fla. No. 4:24-cv-00514). Stayed January 2025 pending FSC v. Paxton; the case was closed July 8, 2025 after the Supreme Court upheld Texas's law.
Attorney General Uthmeier sued TikTok and ByteDance in St. Lucie County circuit court on June 15, 2026, alleging HB 3 and FDUTPA violations and seeking $50,000 per violation. TikTok moved to dismiss in September 2026, arguing HB 3 is vague and violates the First Amendment. No ruling yet.
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