Florida Attorney General Ashley Moody has officially proposed regulations to enforce the state’s new age verification law, targeting adult websites and social media networks. This move, aligning with the conservative stances of Gov. Ron DeSantis, aims to protect minors from accessing explicit content but faces significant opposition from free speech advocates and the tech industry.

In March, Gov. DeSantis signed House Bill (HB) 3 into law, set to take effect on January 1, 2025. The law mandates stringent age verification measures to prevent minors from accessing adult content online. Attorney General Moody’s office, responsible for enforcing the law, has now detailed the proposed regulations in the Florida Administrative Register.

The proposed regulations define an adult platform as any commercial entity that publishes and distributes content potentially harmful to minors. This includes “documents, photographs, films, recordings of any type, data processing software, or other items that are visible or could be visible to a user who accesses the website or application, regardless of whether any user actually views the material.” A platform is deemed harmful if at least 33.3% of its content meets this legal standard.

The regulations also specify that age verification must be conducted using methods regularly employed by government or businesses, such as submitting government identification or other sensitive personal information.

The enforcement of these rules comes amidst ongoing legal challenges against similar laws in other states. A prominent case, Free Speech Coalition et al. v. Paxton, involves the adult industry and tech giants suing Texas Attorney General Ken Paxton over the enforcement of House Bill 1181, which also mandates age verification for adult websites. This case, now taken up by the U.S. Supreme Court, could set a significant precedent for Florida’s law.

Implementation and Impact

The proposed regulation, Rule 2-44.001, available at Florida Administrative Register, outlines the methods for verifying age and identity, emphasizing robust and commercially reasonable methods to ensure compliance. Matthew Pruiett, Florida Assistant Attorney General, is the counsel of record responsible for proposing Rule 2-44.001.

Official Statements and Reactions

House Speaker Paul Renner, a key proponent of HB 3, emphasized the necessity of the law to protect children from the potential harms of social media. “This legislation is critical in addressing the dangers that social media platforms pose to the mental health and safety of our children,” Renner stated.

Attorney General Moody defended the proposed regulations, arguing that they strike a balance between protecting children and respecting constitutional rights. “We are committed to implementing these necessary protections while ensuring that we respect the constitutional rights of all citizens,” Moody said.

However, critics argue that the law infringes on First Amendment rights and poses significant privacy concerns. Carl Szabo, vice president and general counsel of the tech-industry group NetChoice, contended in a letter to Gov. DeSantis that age verification schemes for the internet are unconstitutional. “Users should not be forced to forfeit their anonymity to access the internet, a space that is home to significant amounts of First Amendment speech,” Szabo wrote.

The proposed rules are now subject to public comment and potential hearings before they are finalized. Given the contentious nature of the law, legal challenges are anticipated. Attorney General Moody and House Speaker Renner have expressed confidence in defending the law’s constitutionality in court.