You might be forgiven for ignorance of the law in Florida (although it’s still not an excuse). Nearly 180 new laws went into effect in July and 34 more started in October. As of next Wednesday, just nine more bills will become state law but some of them make some sweeping and controversial changes that have already been challenged in court.
Here’s what goes into effect as of Wednesday, Jan. 1, 2025.
HB 3: Online Protections for Minors
As of Jan. 1, no one in Florida under the age of 14 will be allowed to have a social media account. This controversial bill replaced one that Gov. Ron DeSantis vetoed because he wanted parents to have more of a role.
Social media platforms will be required to terminate any accounts suspected of belonging to someone under 14. Account owners will have 90 days to dispute it. Anyone 14 or 15 years old whose accounts are targeted will have 90 days for a parent or guardian to provide consent. The law adds hefty fines and civil liabilities for any social media sites that knowingly violate the law.
However, you won’t see accounts shut down next week. The part of the law addressing social media has already been challenged on First Amendment grounds and Attorney General Ashley Moody’s office announced last month that the state would not be enforcing it on major social media platforms until the court rules on a motion for preliminary injunction. A hearing will be held in late February.
Last month, Australia passed a similar law, blocking social media use for children under 16.
The law also requires any website with “materials harmful to minors” such as sexual content that is visible in Florida to add age verification to prevent access by anyone under 18 years old. Again, hefty fines will be levied against sites that do not comply. Adult megasite PornHub has announced they will be blocking all Florida users on Jan. 1.
The nonprofit Free Speech Coalition has filed a federal lawsuit against the age verification portion of the law, saying it is intentionally vague, it could restrict sites without erotic content, and it creates “a substantial burden on adults who want to access legal sites without fear of surveillance.” So far, the law will still go into effect next Wednesday.
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HB 135: Voter Registration Applications
This bill states that a voter’s party affiliation may not be changed without the written consent of the voter, in a variety of situations.
This addresses a glitch in some areas, such as Palm Beach County, where voters’ political affiliations were reportedly changed to No Party Affiliation when they renewed their driver’s licenses.
SB 184: Impeding, Threatening, or Harassing First Responders
This bill makes it illegal to remain within 25 feet of a first responder who has verbally warned the offender to back off, while the responder is performing a legal duty. The bill specifies that the offender must be staying with the intent to:
- Block or interfere with the first responder’s ability to perform the duty
- Threaten the first responders with physical harm, or
- Harass the first responder.
Violations will be a second-degree misdemeanor punishable by up to 60 days in jail.
“Harassment” is defined as an action directed at a first responder that “intentionally causes substantial emotional distress in that first responder and serves no legitimate purpose.” What “emotional distress” and “legitimate purpose” mean and who gets to decide if they apply was left undefined.
Gov. Ron DeSantis said this was in support of law enforcement officers and accused news media outlets of warping narratives about police for attention and “clicks.” Critics say it’s to keep people from taking videos of law enforcement officers breaking the law or brutalizing people.
HB 267: Building Regulations
This bill modifies the Florida Building Code so that sales drawings are not required to replace windows, doors or garage doors in existing homes as long as:
- They’re installed to meet the manufacturer’s instructions for the wind zone
- They meet design pressure requirements
- They’re the same size as the previous windows, doors or garage doors, and
- A copy of the manufacturers instructions are included with the permit application
SB 362: Medical Treatment Under the Workers’ Compensation Law
Increases the maximum for a witness fee paid to a health care provider who gives a deposition from $200 to $300 per hour, or $300 per day for an expert witness who never provided direct professional services. Also dramatically increases the maximum reimbursement for a physician allowed by Medicare.
SB 556: Protection of Specified Adults
Under this law, financial institutions who believe someone is using a power of attorney, guardianship, or conservatorship to take exploit certain individuals can put a hold on transactions for 15 business days (which can be extended to 30) and start an investigation. The individual protected by the law include:
- Adults 65 years of age or older
- “Vulnerable adults,” defined as people 18 and older with an impaired ability “to perform the normal activities of daily living or to provide for his or her own care or protection”
The law adds restrictions and timelines for investigations and requires financial institutions to establish training programs for employees.
SB 892: Dental Insurance Claims
A contract between a health insurer and a dentist for services to an insured person may not specify credit cards as the only acceptable method for payment from the health insurer to the dentist.
The bill also prohibits a health insurer from charging a fee to pay dentists through Automated Clearing House (ACH) transfer without consent from the dentist, from denying claims for procedures included in a prior authorization, and other restrictions.
HB 1093: Florida Uniform Fiduciary Income and Principal Act
Florida has used its version of the Uniform Fiduciary Income and Principal Act (FUPIA) to govern the allocation of trust and estate receipts and disbursements when the terms of the trust didn’t provide for them. In 2018, the National Conference of Commissioners on Uniform State Laws updated the UPIA to account for changes in preferred investment styles and modern trusts.
This bill adapts a lot of the UPIA’s new language to modernize Florida’s laws and provide more flexibility and a governing law provision to reduce jurisdictional disputes.
SB 7054: Private Activity Bonds
This bill provides legislative intent to increase the number of private activity bonds that can be issued in Florida each year to finance “improvements, projects, and programs” serving public purposes and benefitting the “social and economic well-being” of Floridians by combining bond application pools into a single pool available for all bonds, with two exceptions.
Half of the state volume limitation must be allocated for affordable housing, and 25% must be allocated to a corporation pool.
Are Floridians banned from driving in the left lane?
A bill to restrict drivers from using the furthermost left lane (unless they were passing another vehicle, using an exit or directed by emergency signs) passed this year and would have gone into effect Jan. 1, but DeSantis vetoed it.
