Industry Insight: 11th Circuit Lets Florida Enforce Kids' Social Media Law

Overview

On the week of October 12, 2026, a three-judge panel of the 11th U.S. Circuit Court of Appeals handed the State of Florida a significant win. The panel unanimously allowed Florida to enforce its law restricting children's use of social media while the underlying constitutional challenge continues. The decision is not a property insurance ruling. It still matters to public adjusters, claims professionals and policyholders, because many of them rely on social media to find clients, communicate, and document losses.

This article summarizes what the court decided, what it did not decide, and how the ruling may affect the digital channels used in Florida's property claims industry.

Background: The Florida Law

Gov. Ron DeSantis signed the law in 2024. At the time it was among the most restrictive measures in the country on children's social media use. Its main provisions are:

• A ban on social media accounts for Florida children under 14.
• A requirement of parental consent for children who are 14 or 15.

The law does not reach every online service. The appeals court noted that it covers platforms that have been determined to induce heavy use by children, and applies only to platforms that use both algorithms and one of several addictive features.

The Computer & Communications Industry Association and NetChoice, two industry trade groups, sued Florida. They argued that the law violates the free-speech rights of social media providers and users. In 2025, a federal judge agreed that the law was likely unconstitutional and granted an injunction. That injunction was put on hold while the appeal was pending.

Key Holdings

The First Amendment is implicated, but content-neutrally

The panel acknowledged that the law implicates the First Amendment. It concluded, however, that the law likely does so in a content-neutral manner. That distinction matters because content-neutral regulations are generally reviewed under a less demanding standard than rules that target speech based on its message.

The law likely survives a full challenge

The court said the law would likely survive a full legal challenge because it does not burden substantially more speech than necessary to advance an important government interest. The interest it identified is protecting minors from social media addiction.

The injunction is overturned

Because the panel found the state likely to prevail, it overturned the 2025 injunction. Florida may now enforce the law. The lawsuit returns to federal court in Tallahassee for further proceedings.

What the Ruling Does Not Do

The panel assessed the likelihood of success on the merits, which is the standard for injunctive relief. It did not issue a final judgment on the law's constitutionality. NetChoice said it was disappointed and is evaluating all of its options. Its lawyer, Paul Taske, said the group will continue to fight to protect Floridians' rights to free expression online. Further litigation, including additional appellate review, remains possible. Readers should treat this as an evolving matter rather than a settled one.

Why This Matters to Public Adjusters and Claims Professionals

The law regulates platforms, not insurance or adjusting practices. Several practical effects are still worth watching.

1. Audience and advertising reach

Public adjusters and other claims professionals market on social media. The law targets minors, who are not the typical audience for claims services. If platforms change their onboarding, age verification or account practices to comply, the mechanics of how adults sign up and are reached online could also shift. Monitor your campaign analytics for changes in reach or targeting options.

2. Evidence and documentation

Policyholders often post storm damage photos, videos and timelines on social media. Those posts can become evidence in a claim, and carriers sometimes review them. If a household has a teenager who documented damage on a personal account, the new restrictions could affect who holds that account and who can access or preserve the content. Advise clients to save original files from their devices rather than relying on posts.

3. Household communication

Many families coordinate repairs, contractors and claim paperwork through messaging features on social platforms. Where a platform limits or restricts accounts for younger household members, adult policyholders should keep claim communications in channels they control, such as email, text and the carrier portal.

4. Compliance awareness

Any business that publishes content on social platforms should know how the platforms are responding to the law. Firms should also keep their own social media policies current. Do not collect or request information from minors through social channels.

Practical Takeaways

• Do not rely on social media as your system of record. Preserve photos, videos and messages in a secure, backed-up location with original metadata.
• Move key claim communications to controlled channels. Written correspondence with carriers should go through email, certified mail or official portals.
• Review your marketing footprint. Confirm that your campaigns target adult homeowners and that your platform settings reflect that.
• Watch the Tallahassee proceedings. The case returns to the district court, and a different outcome on the merits or further appellate action could change the landscape.
• Counsel clients on posting. Statements and images posted during an open claim can be used by a carrier. Clients should be careful about what they publish.

Looking Ahead

The decision signals that the 11th Circuit, which covers Florida, is receptive to state efforts to regulate how minors use algorithm-driven platforms, at least at this stage. Industry participants should expect continued litigation and possible platform-level changes. For the property claims community, the immediate impact is indirect. Still, the digital channels that connect policyholders, adjusters and attorneys are changing, and prudent documentation practices matter more as they do.

How Louis Law Group Can Help

Louis Law Group represents Florida policyholders in property damage disputes, including hurricane, water, fire and roof claims. We work with public adjusters and claims professionals to preserve evidence, document losses and pursue fair recovery from carriers. If you or your client has a denied, delayed or underpaid claim, our team can review the file and explain your options. Contact us today at (833) 657-4812 for a consultation.

Source: Insurance Journal - Florida Wins Key Ruling Allowing it to Enforce Law on Social Media Use by Kids