Florida
What happened and what’s to come: A First Amendment recap of Florida’s legislative session
The 2024 Florida legislative session is over. Its effects are soon to come, especially as they relate to First Amendment issues.
A number of bills were passed in the session that ended Friday. They intersect — and maybe clash — with the values and five freedoms enshrined in the Bill of Rights: speech, religion, press, assembly and petitioning the government.
Here’s what readers need to know about measures implicating the First Amendment that passed and failed this session — and what they can expect in the months ahead:
Our first story on social media bill: Florida House leader pushes social media restrictions, porn viewer age verification
Controversial from the start: Questions of parental rights raised as Florida lawmakers push social media ban for minors
Social media and porn sites
If it gets Gov. Ron DeSantis’ expected signature and survives expected court challenges, Floridians younger than 16 years old would be banned from social media platforms deemed “addictive” — unless they’re 14 or 15 and get a parent’s permission.
While the bill (HB 3) doesn’t set age verification requirements for social media, platforms would still need to figure out how to filter out those too young or face civil penalties. But the bill, despite data privacy concerns from opponents, does require age verification to access pornographic websites.
Stripper age
Floridians soon will have to be the drinking age to be able to strip for money, if DeSantis signs this legislation.
Bill supporters said the measure (HB 7063) was about combatting human trafficking. And, despite First Amendment questions and concerns about what happens to those who’ll lose their jobs, the Legislature passed a bill banning anyone younger than 21 years old from working in an adult entertainment establishment, which includes adult bookstores and theaters. The bill also creates criminal penalties for those who hire such workers at those establishments.
Bill that drew pro-Palestinian protests
One measure (HB 465/SB 470) drew multiple pro-Palestinian protests to the Capitol. Yet, the bills didn’t move very far. Only one, the House version, made it through a single committee.
The legislation would have yanked state scholarships or tuition aid from college students promoting a foreign terrorist group. It also would have required universities to report those students to the U.S. Department of Homeland Security if they’re in the country on a visa.
Protesters worried the bill would be used against students advocating for Palestinians and criticizing Israel for its operations in Gaza following Hamas’ Oct. 7 surprise attack.
Defamation
For the second year in a row, legislation that would make it easier to launch and win defamation lawsuits in Florida stalled after receiving a barrage of criticism from influential conservative officials and media outlets. First Amendment and media advocates also accused it of infringing constitutional rights and chilling speech.
One of its key provisions would have created the presumption that anyone publishing a false statement that relied on an anonymous source acted with “actual malice,” a key legal hurdle for public figures to win defamation lawsuit. It also would have made a new kind of legal claim against false and offensive artificial intelligence content that a “reasonable person” is likely to believe.
Artificial intelligence
As AI technology advances, so do concerns about its misuse. This session proves that, even beyond the failed defamation legislation. AI is complicated to regulate, the technology being so new and rapidly evolving that there’s numerous legal uncertainties, particularly related to the First Amendment.
But lawmakers pushed through two notable measures. One bill (HB 919) would require disclaimers on political advertisements that use AI to deceive about a ballot issue or injure a candidate in a depiction of a person doing something that didn’t happen.
Another (SB 1680) creates a state “Government Technology Modernization Council” with the goal to make recommendations on AI regulations. It also combats “generated child pornography,” which is computer-generated portrayals of fictitious minors engaged in sexual conduct.
School chaplains
Florida lawmakers passed a bill authorizing school districts and charter schools to adopt a policy for chaplains “to provide support, services, and programs to students.” Supporters of the bill (HB 931) said it’s a win for school children, addressing concerns about youth mental health and the need for more school counselors.
Some opponents worried the bill would be a vehicle for Christian nationalism. Others had constitutional concerns and questions about the credentials of those interacting with minors who may be facing life crises.
And they warned there could be unintended consequences of opening up the door for religion in schools. The Satanic Temple has already said its ministers “look forward to participating” in Florida school chaplain programs.
Police accountability
Bills passed that critics say would undermine the public’s ability to prevent police brutality and corruption, despite increased public attention to those issues following the police murder of George Floyd and other documented cases of police misconduct.
Lawmakers approved a bill (SB 184) that puts a 25-foot “no-go” zone around first responders like police, even though Democrats warned it could be used to prevent their constituents from documenting injustice.
Bill supporters, though, say it’s aimed at making first responders and those on emergency scenes safer. It would create a second-degree misdemeanor for anyone who, after a warning, approaches or remains within 25 feet of working first responders with the intent to harass, threaten, impede or interfere.
Another approved bill would limit what citizen police oversight boards can do and would require these panels to be re-established under county sheriffs who would appoint several members.
Book bans
PEN America, a free speech group, recently named Florida as the No. 1 state for “book banning,” a term conservatives hate but one many people use to describe book removals from public schools. Even Gov. Ron DeSantis has called for limits to how many books the public can challenge in schools.
He got what he wanted. The Legislature passed a bill that states a “resident of the county who is not the parent or guardian of a student with access to school district materials may not object to more than one material per month.”
Yet, many — if not most of — books being removed aren’t challenged. School districts are preemptively removing them, fearful of running afoul of recently-passed state laws many view as vague.
Public records exemptions
There are more than 1,000 public records exemptions in Florida, enshrouding what was once openly available information. Continuing an annual trend, lawmakers approved a multitude of exemptions this session.
One bill shields autopsies, photographs, videos or audio recordings of a suicide when the information is held by a state agency. Another bill conceals a swath of information in applications for the My Safe Florida Home Program, which helps Floridians harden their homes against hurricanes.
A number of exemptions didn’t reach the finish line. One would have weakened the accountability and transparency ushered in by a recent state Supreme Court ruling that said that Marsy’s Law, a constitutional amendment approved by voters in 2018, which granted a number of rights to crime victims, doesn’t guarantee anonymity for police officers — or any victim of crime.
No change to constitutional amendment process
Another session means another failed attempt to try to make it harder for Florida voters to pass constitutional amendments.
If they get enough signatures through a petition process and survive review from the Florida Supreme Court, they appear on the ballot, regardless of what Legislature’s Republican supermajority wants. Case in point: the Supreme Court is soon going to weigh in on two amendments for the 2024 election that would legalize recreational marijuana and protect abortion rights.
But lawmakers can also get amendments on the ballot, if approved by three-fifths of each chamber. A measure (HJR 335) this session would have raised the threshold for such amendments to pass with the support of Florida voters from 60% (three-fifths) to 66.67% (or two-thirds of those voting). But it didn’t, just like years prior.
‘Woke’ in education targeted again
GOP lawmakers also pushed through a measure (HB 1291) that would ban teacher preparation programs from instruction on “identity politics” or “theories that systemic racism, sexism, oppression, and privilege are inherent in the institutions of the United States and were created to maintain social, political, and economic inequities.”
PEN America said the bill was “set up for failure,” citing federal court blocks on the previously-passed “Stop WOKE Act.” That law targeted businesses’ diversity practices and trainings and what’s taught in collegiate classrooms.
Contributed: USA TODAY NETWORK-Florida. This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Douglas Soule can be reached at DSoule@gannett.com.
Florida
Officials withheld evidence on Florida’s ‘Alligator Alcatraz’ funding, environmental groups say
ORLANDO, Fla. — Federal and state officials withheld evidence that the Department of Homeland Security had agreed to reimburse Florida for some of the costs of constructing an immigration detention center in the Florida Everglades known as “Alligator Alcatraz,” according to environmental groups suing to shut down the facility.
The Everglades facility remains open, still holding detainees, because an appellate court in early September relied on arguments by Florida and the Trump administration that the state hadn’t yet applied for federal reimbursement, and therefore wasn’t required to follow federal environmental law.
The new evidence — emails and documents obtained through a public records request — shows that officials had discussed federal reimbursement in June, and that the Federal Emergency Management Agency confirmed in early August that it had received from state officials a grant application. Florida was notified in late September that FEMA had approved $608 million in federal funding to support the center’s construction and operation.
“We now know that the federal and state government had records confirming that they closely partnered on this facility from the beginning but failed to disclose them to the district court,” said Tania Galloni, one of the attorneys for the environmental groups.
An appellate panel in Atlanta put a temporary hold on a lower court judge’s ruling that would have closed the state-built facility. The new evidence should now be considered as the judges decide the facility’s permanent fate, Friends of the Everglades and the Center for Biological Diversity, said in court papers on Wednesday.
A federal judge in Miami in mid-August ordered the facility to wind down operations over two months because officials had failed to do a review of the detention center’s environmental impact according to federal law. That judge concluded that a reimbursement decision already had been made.
The Florida Department of Emergency Management, which led the efforts to build the Everglades facility, didn’t respond to an emailed inquiry on Thursday.
Florida has led other states in constructing facilities to support President Donald Trump’s immigration crackdown. Besides the Everglades facility, which received its first detainees in July, Florida has opened an immigration detention center in northeast Florida and is looking at opening a third facility in the Florida Panhandle.
The environmental lawsuit is one of three federal court challenges to the Everglades facility. In the others, detainees said Florida agencies and private contractors hired by the state have no authority to operate the center under federal law. They’re also seeking a ruling ensuring access to confidential communications with their attorneys.
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Follow Mike Schneider on the social platform Bluesky: @mikeysid.bsky.social
Florida
Florida lawmaker files hands-free driving bill ahead of 2026 legislative session
TALLAHASSEE – Florida lawmakers are once again trying to crack down on distracted driving, this time with a proposal that goes further than the state’s current law.
Senate Bill 1152, filed ahead of the upcoming legislative session, would make it illegal for drivers to hold a phone while operating a motor vehicle. Drivers could still use GPS, make phone calls, or use navigation apps, but only through hands-free technology such as Bluetooth or built-in vehicle systems.
That restriction would apply even when a vehicle is stopped at a red light or in traffic. The bill defines “handheld” use broadly, including holding a phone in one or both hands or bracing it against the body.
Supporters say Florida’s existing law, which primarily targets texting while driving, doesn’t fully address the many ways drivers use their phones behind the wheel and can be difficult for law enforcement to enforce consistently.
The bill also includes privacy protections. Law enforcement officers would not be allowed to search or confiscate a driver’s phone without a warrant.
State officials say distracted driving remains a serious and persistent problem across Florida.
By the numbers:
The most recent available data for a single year shows nearly 300 people were killed and more than 2,200 others suffered serious injuries in crashes involving distracted drivers in 2024. A crash happens in Florida about every 44 seconds, and roughly one in seven crashes involves a distracted driver, according to state data.
Advocates point to other states with hands-free laws, saying those states have seen declines in deadly crashes after similar measures were adopted.
READ: Trump calls for ban on Wall Street buying single-family homes, citing affordability concerns
What’s next:
The bill will be taken up during the 2026 legislative session, which begins Tuesday, Jan. 13. It must pass committee hearings and full votes in both chambers before going to the governor.
If approved, the law would take effect Oct. 1, 2026.
The Source: This story is based on the filed text of Senate Bill 1152 and data from the Florida Department of Highway Safety and Motor Vehicles.
Florida
Penn State OG TJ Stranahan commits to Florida Gators
Former Penn State interior offensive lineman TJ Shanahan committed to the Florida Gators on Tuesday, Jan. 6, reuniting him with offensive line coach Phil Trautwein in Gainesville.
Trautwein’s connection with Shanahan loomed large in his recruitment. The only visit Shanahan took was to Gainesville on Saturday, and Trautwein recruited him out of high school before he moved from Florida to Texas. The hometown angle also plays a factor here. His family lives outside of Tampa, and his cousin, Jon Halapio, played at Florida from 2009 to 2013 before being drafted in the sixth round.
247Sports does not have a transfer portal grade for Shanahan, but On3 ranks him at No. 341 overall and No. 25 among interior offensive linemen in the portal. He has two years of eligibility remaining with hopes of becoming a full-time starter at Florida.
TJ Shanahan’s college career
A consensus four-star recruit and the No. 1 interior offensive lineman in the 2023 recruiting class, Shanahan chose Texas A&M after visiting several SEC programs. He appeared in three games as a true freshman before redshirting. He became a regular in the Aggies’ offensive line rotation in 2024, playing in 10 total games. He spent time at center and left guard, starting four of five games at the latter position.
He entered the transfer portal following coaching changes at Texas A&M, ultimately landing at Penn State. He played in all 13 games for the Nittany Lions, making five starts while jumping between both guard positions. Injuries kept him from playing a bigger role at the end of the regular season, but he played nearly 80 snaps at right guard in the Pinstripe Bowl.
Pro Football Focus gave him a 63.5 overall grade on offense, a 75.1 pass-blocking grade and a 59.2 run-blocking grade in 2025.
Florida’s interior offensive line room
Florida’s interior offensive line returns starting left guard Knijeah Harris and backup guards Roderick Kearney and Tavaris Dice Jr. Assuming Harris stays at left guard, Shanhan is a strong possibility at right guard for Florida next season. Kearney and Dice could provide depth at both positions, or the former could transition to center in hopes of replacing All-American starter Jake Slaughter.
Florida is losing several interior linemen to graduation and the transfer portal. Along with Slaughter, Damieon George Jr. and Kamryn Waites have exhausted their eligibility. Noel Portnjagin and Marcus Mascoll are in the portal. Redshirt freshman Jason Zandamela is staying and received high praise from Slaughter.
Florida is expected to land Georgia Tech lineman Harrison Moore, which would reload the stable with plenty of room for competition at all three positions.
Florida 2026 transfer portal additions
Shanahan is the 10th official transfer portal addition of the 2026 cycle for Florida.
On offense, Georgia Tech quarterback Aaron Philo, Cincinnati running back Evan Pryor, Georgia Tech wide receiver Bailey Stockton, Wake Forest receiver Micah Mays Jr., and James Madison tight end Lacota Dippre have committed. On defense, Florida has earned commitments from Baylor defensive lineman DK Kalu and Baylor safety DJ Coleman. The Gators are also adding a pair of special teamers from Tulane, kicker Patrick Durkin and punter Alec Clark.
Florida is also expected to land Georgia Tech interior offensive lineman Harrison Moore, who is on an official visit (Jan. 6).
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