In the past few months, social media has been a big topic for lawmakers at state and federal levels. Legislators have been using words like “bans” and “restrictions” when discussing sites like Facebook and TikTok. But what does it really mean for social media users?

Are users about to lose access? To which platforms? And is it legal?

Can Kids Use Social Media In Florida?

On March 25, 2024, Florida Governor Ron DeSantis signed Bill HB3 which will ban children aged 14 and under from using social media. The bill requires social media platforms to use age verification on all accounts and terminate accounts of people 14 and under, per reporting by CNN.

The bill signed by DeSantis differs from the bill originally approved by Florida legislators on February 22, 2024. In that version of the bill, both Republicans and Democrats voted to restrict the use of social media for children aged 16 and under. That version of the bill went to DeSantis, and he vetoed it. DeSantis said he was worried the bill would face challenges in courts.

Based on DeSantis’ feedback, legislators updated the bill to change the age restriction from 16 to 14, and DeSantis signed it.

While the bill attempts to keep children off social media entirely, it would be difficult to officially ban children from using social media. The bill will limit children from creating their own accounts, but it would not necessarily prevent children from using accounts of people who meet the age requirements.

Related: If Facebook Removes Your Post, Is It Violating Your Freedom of Speech?

When Will the Law Go Into Effect?

The law has been signed, but it will not go into effect until January 2025.

The bill will likely face challenges in court before it officially goes into effect. Critics of the bill say it violates the First Amendment. A similar bill in Ohio was blocked after a federal judge issued an emergency order halting the law from going into effect, per CNN. It is possible that the courts could hold up Florida’s social media ban from going into effect in January.

The bill may also face other challenges. Some legal experts say the bill is too vague in its description of “social media.”

Related: Bans & Supreme Court Challenges: What’s Going on With Florida Laws and Social Media?

Which Social Media Companies Are Impacted?

The bill does not specifically refer to any social media company by name. Instead, it lists criteria to define platforms that the bill would impact.

The original version of the bill included fewer details about what constitutes a social media platform, while the new bill includes more defined criteria.

Under the new bill, social media platforms are described as sites that:

• Allow users to upload content or view the activity of other users
• Use an algorithm to analyze user data and select content for the user
• Use an infinite-scrolling feature
• Employ push notifications
• Display personal interactive metrics
• Feature autoplay on videos

The new bill also defines social media platforms as sites that have, “Ten percent or more of the daily active users who are younger than 16 years of age spend on average 2 hours per day or longer on the online forum, website, or application.”

Does the Ban Only Impact Florida?

Bill HB3 is a state law and will only be enforced by Florida courts. It is not a federal ban. The bill impacts users who are residents living in this state for more than six months of the year.

Similar bills have passed in Arkansas, California, Louisiana, Ohio, and Utah, and many of those bills have been challenged by courts.

Is This Law the Same as the TikTok Ban?

The social media ban in Florida is different from the national TikTok ban that is being discussed by federal lawmakers.

On March 13, 2024, the U.S. House of Representatives passed legislation that could potentially lead to a national ban on TikTok, per CNN reporting. Unlike the Florida social media ban, this bill is not centered on protecting children from the harms of using social media. The bill, known as Protecting Americans from Foreign Adversary Controlled Applications Act, is an act to protect national security.

Because TikTok is owned and controlled by the China-based company ByteDance, lawmakers have concerns about how user data is being used by the Chinese government. The bill says a national ban on TikTok will take place unless ByteDance sells its stake in the company.

For the bill to become a law, it must first be approved by the U.S. Senate and then by President Joe Biden.

If the bill becomes law, all TikTok users could lose access to the platform within six months.

Related: What to Ask During a Free Consultation with a Lawyer

Get Expert Legal Advice

New laws are always being added, and existing laws are always changing. If you are dealing with a legal matter, work with an experienced attorney aware of constantly changing legislation. Talk to an attorney who knows the laws and the best ways to navigate your unique case whether you are dealing with a civil case or a criminal charge.

For a free consultation to discuss the details of your case, talk to experienced attorney TJ Grimaldi. Schedule your consultation or call 813-226-1023 now.

When a large hole opens up in a plane midair, who is to blame?

Who will be held accountable for a recent mid-flight door plug blowout, and can a plane malfunction lead to criminal charges?

How Did a Hole Open Up in the Plane?

On January 5, 2024, Alaska Airlines Flight 1282 took off from Portland, Oregon, heading to Ontario, California, but the flight didn’t make it very far. The flight took off at 4:52 pm and landed back at the same airport at 5:30 pm.

Roughly six minutes into the flight, as the plane reached an altitude of around 16,000 feet, an incident occurred. A door plug panel in the fuselage blew out, leaving a gaping hole in the passenger area of the plane.

Passengers remained in their seats as the plane turned around and landed safely. Of the 171 passengers and six crew on the plane, no one was injured.

The plane, designed and manufactured by Boeing, was delivered to Alaska Airlines in October. The door plug design on the new plane was not uncommon. The door plug covers a gap which can be used for an exit door in some interior seat layouts.

While the door plug is not an unusual feature of the plane, in this case, it was defective.

An investigation found that the construction of the door plug was incorrect. The plane was delivered to the airline carrier without four bolts needed to keep the door in place, according to reporting by Bloomberg.

Related: What to Ask During a Free Consultation with a Lawyer

What Led to Two Other Boeing Plane Crashes?

The door plug blowout is not the first time Boeing has had major aircraft incidents.

In 2019, Boeing was forced to call for the grounding of their 737 Max planes after two of the aircrafts crashed, first in Indonesia and then in Ethiopia, killing a total of 346 people.

Boeing conducted an investigation and issued updates before the planes were allowed to go back in the air. The United States government, among other task forces, also conducted their own investigations.

It was discovered that Boeing did not adequately explain how a crucial new flight control system on the plane worked, per the New York Times. The new system and failure to understand it is what led to the two plane crashes.

After the report, the United States Justice Department got involved.

Boeing’s Deal with the US Justice Department

Boeing faced a criminal charge that claimed they defrauded the Federal Aviation Administration (FAA). The charges centered on two employees who withheld information from the FAA about changes made to software known as MCAS.

In 2021, the United States Justice Department, in the final days of the Trump administration, worked out a deal with Boeing.

Boeing agreed to pay more than $2.5 billion in a legal settlement related to the two crashes, as reported by the New York Times. As part of the deal, Boeing had to establish a $500 million fund to compensate the families of those who died, pay a fine of nearly $244 million, and pay $1.77 billion in compensation to airline customers who had travel disruptions due to the grounding of planes.

The deal also allowed Boeing to defer the case and avoid criminal charges if they did not commit any other wrongdoing within three years.

The Boeing door plug blowout occurred just two days before the expiration of the deferred prosecution agreement.

Where Does That Leave Boeing?

The FAA is investigating Boeing’s safety practices. On February 28, the FAA gave Boeing 90 days to put together a plan to improve their quality control.

In addition to the FAA’s investigation, Boeing may again face potential criminal charges.

Because the door plug blowout happened during the time period that Boeing was to avoid any other incidents, the Justice Department is now looking to see if their previous agreement still stands. The recent incident may be a breach of contract and have broken Boeing’s commitment needed to avoid legal action, according to reporting by Bloomberg.

The FFA investigation and potential criminal case aren’t the only legal issues facing Boeing.

On January 5, six passengers who were aboard Alaska Airlines Flight 1282 when the door plug blew filed a class action lawsuit against Boeing. And, on February 23, three other passengers sued Boeing along with Alaska Airlines for $1 billion.

Related: What’s the Difference Between a Civil and Criminal Case? 

Get Answers to Your Legal Questions

Are you facing a civil or criminal case? Do you have questions about your case and need a plan to lead to the best possible outcome? TJ Grimaldi is here to help.

TJ Grimaldi is here to help you through a personal injury case, family law matter, criminal defense, and more. See how TJ Grimaldi can guide you through your legal matter. Schedule a free consultation. Request your consultation or call 813-226-1023 today.

Lawmakers in Florida are taking a stand against what they say is a harmful influence on children. A new law recently approved by the Florida House of Representatives attempts to ban children under the age of 16 from using social media platforms.

What are the conditions of the bill, and does it have any chance of going into law?

A Bill to Ban Children from Social Media

Florida lawmakers said they were working to increase safety and protect the mental health of children when both Republicans and Democrats voted to pass House Bill 1 in the Florida House of Representatives.

The bill would forbid any child under the age of 16 from using social media platforms. Even if children have parental permission, they would still be banned from using social media.

The bill would also impact adults.

It would require all social media users to prove their ages and identities. All social media users would need to submit legal identification or use a facial recognition scan to open new accounts and confirm their identities for existing accounts, as reported by the Tampa Bay Times. Under the bill, social media companies would be required to use a third-party program to verify age, and all of the information they collect would need to be immediately deleted upon verification.

Any social media account that does not meet the new age confirmation standards would be shut down.

Related: If Facebook Removes Your Post, Is It Violating Your Freedom of Speech

Which Social Media Sites Would Be Banned?

The bill does not clearly state what punishment social media sites might face if they fail to follow the guidelines of the new law. It also doesn’t clearly state which social media sites would be impacted.

The bill includes language that attempts to define a “social media platform.” The bill defines a social media platform as an online forum, website, or application that does all of the following:

• Allows the social media platform to track the activity of the account holder
• Allows an account holder to upload content or view the content or activity of other account holders
• Allows an account holder to interact with or track other account holders
• Utilizes addictive, harmful, or deceptive design features, or any other feature that is designed to cause an account holder to have an excessive or compulsive need to use or engage with the social media platform
• Allows the utilization of information derived from the social media platform’s tracking of the activity of an account holder to control or target at least part of the content offered to the account holder

The bill attempts to differentiate social media platforms from communication apps. It says the law excludes platforms in which the “predominant or exclusive function” is emailing, direct messaging, streaming licensed media, online shopping, gaming, photo editing, and more.

Related: What to Ask During a Free Consultation with a Lawyer

Will the Law Stand?

The lack of clarity over what constitutes a social media platform is just one of the problems with the bill.

Experts say it will be difficult to determine which sites fall into the category of a social media platform because the lines of applications are blurry. For example, Snapchat is primarily a messaging tool but it is often considered a social media site.

Another problem with the law is that it may violate the First Amendment.

Bob Corn-Revere, a 40-year lawyer on First Amendment rights, made a statement that said, “I’ve never seen a blanket ban on access to constitutionally protected speech like this ever upheld by a court.” He went on to say, “The state doesn’t just get to drop a curtain and say, ‘You can’t read anything unless we say you can.’”

Other states, including Utah, Arkansas, Mississippi, and Ohio, have tried to pass similar yet less restrictive bills. Those bills say kids under 16 are still able to use social media with parental permission. Even so, those bills have also not yet been signed into law. The bills have been either blocked by federal judges or delayed by lawmakers who are trying to make sure the bills won’t be challenged in the courts, per ABC News.

Related: Get Good Legal Representation by Asking This One Question

So, What’s the Status of the Bill?

On January 24, 2024, the bill was passed by the Florida House of Representatives with a vote of 106 to 13, with many Democrats joining the chamber’s Republican majority. The bill must pass the Florida Senate before it would arrive on the desk of Gov. Ron DeSantis.

But the bill landing in front of DeSantis doesn’t mean it will go into law.

DeSantis has said he thinks the bill might be unconstitutional and suggested that it would need to change before it reaches his desk.

Then, even if the bill passes, it might be challenged in the courts.

Know Your Rights

The law is complex and complicated. If you have questions about whether your rights have been violated, talk to an experienced attorney right away. TJ Grimaldi is here to answer your questions, guide you through civil or criminal legal matters, and protect your rights. Schedule your consultation or call 813-226-1023 now.

Did a woman go from ordering Chipotle to being ordered to work at Chipotle? In some ways, yes.

How did a judge come up with such an unusual sentence for a woman who went too far while ordering her burrito bowl?

A Burrito Bowl Blow-Up

On September 5, 2023, Rosemary Hayne, 39, walked into a Chipotle in Parma, Ohio. She ordered a burrito bowl and reached the cashier when something went wrong.

Hayne was not satisfied with the burrito bowl in front of her, and she complained to the Chipotle employee, 26-year-old Emily Russell. The interaction was caught on cell phone footage.

Hayne began to yell at Russell. Hayne then picked up the freshly made burrito bowl and threw it into Russell’s face. Russell was only a few feet from Hayne, and the bowl erupted and splattered all over the quick-service restaurant employee.

Hayne then stormed out of the restaurant.

But the story did not end there.

Related: Get Good Legal Representation by Asking This One Question

Criminal Charges for Throwing a Burrito Bowl

Hayne faced criminal charges for the assault. The case was brought in front of Parma Municipal Court Judge Timothy P. Gilligan.

Hayen didn’t fight the charges and pleaded guilty to a misdemeanor assault charge, per CNN.

The judge initially sentenced Hayen to 180 days in jail but then changed his mind.

“Every time you watch the video, it makes you more and more upset,” he said. “I was thinking, what else can I do rather than just have her sit in jail?”

The judge decided to come up with a creative punishment. He asked Hayen to go to work at a fast-food restaurant.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

Sentenced to Work at a Fast Food Restaurant

The judge told Hayen she had two options. She could serve a 90-day jail sentence or a 30-day sentence along with 60 days of working at a fast food job.

As part of the ruling, Hayen doesn’t need to work at Chipotle. She only has to work in a similar restaurant for at least 20 hours per week. She must secure the job and complete the hours before March 12, 2024, when she must start her jail time.

The judge says he considered that Hayen had no previous criminal history. “So I thought, why should the city taxpayers pay for her and feed her for 90 days in the jail if I can teach her a sense of empathy?“ the judge said. “I also hope this deters others from this type of behavior.”

Hayne was also fined $250 and ordered to serve two months of probation and refrain from having contact with the victim.

Russell, the victim of the assault, quit her job at Chipotle after the incident. She had worked at the restaurant for roughly four years. She said she felt the sentence was fair, per reporting by CBS News.

Related: Misdemeanor vs Felony: What’s the Difference? 

Avoiding a Tougher Punishment

In Ohio, assault is a first-degree misdemeanor that can carry penalties of up to six months in jail and $1,000 in fines.

In Florida, assault is defined by Chapter 784 as, “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.”

It is considered a second-degree misdemeanor in Florida and can result in:

• Probation up to 60 days
• Fines up to $500
• Up to 60 days in jail

Thanks to the judge’s creative sentencing, Hayen may serve less jail time. But if she does not find employment and serve her hours before her jail time begins in March, she may end up serving the original sentence of 90 days.

As of December 6, Hayen had yet to find employment at a restaurant.

Related: 6 Signs You Need a New Attorney

Navigate Legal Surprises with an Experienced Attorney

The legal process can be full of surprises. Don’t go into any case assuming things will go as planned. Hire an experienced attorney to have by your side to navigate any unexpected challenges or surprises.

Talk to an attorney who can help you know what to expect and guide you through any curve balls in your criminal or civil case. Discuss your can with TJ Grimaldi today. Request your consultation or call 813-226-1023.

No one expected the outcome of a hockey game in England to end with bloodshed. But that’s what happened after a player’s skate hit another player in the neck.

The player began to bleed heavily as he was taken off the ice. He later died from his injuries. Now, the player who caused the injury is being investigated for manslaughter. Will he be charged, and if so, what consequences will he face?

What Happened on the Ice?

October 28, 2023, was an ordinary day on the ice at Utilita Arena in Sheffield, England. The Sheffield Steelers were taking on the Nottingham Panthers in a Challenge Cup game.

In the second period, Adam Johnson, a 29-year-old member of the Nottingham Panthers, had the puck and was skating toward the net. Sheffield Steelers player Matt Petgrave skated quickly in Johnson’s direction. When he got closer, he collided with another Panther player, according to reporting by the Associated Press.

The collision caused Petgrave to kick his left skate into the air, where it made contact with Johnson’s neck.

Johnson hit the ground and began bleeding. He was able to stand and was helped to the side of the rink where he collapsed. He was rushed to Sheffield’s Northern General Hospital, but his injury was too severe.

Johnson died from “an incised wound to the neck caused by the skate of another player,” the coroner’s report would later indicate.

The Police Begin Their Investigation

The Nottingham Panthers called what happened on the ice that day a “freak accident.”

But South Yorkshire Police (SYP) investigated it as a crime.

Detective chief superintendent, Becs Horsfall said in a police statement, “Our investigation launched immediately following this tragedy, and we have been carrying out extensive enquiries ever since to piece together the events which led to the loss of Adam in these unprecedented circumstances.”

Their investigation led to Petgrave being arrested on suspicion of manslaughter on November 14, 2023.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

Arrested for Suspicion of Manslaughter

Johnson was brought in for questioning and released the same day on police bail. He was not charged.

It appears police are not ready to make a decision on whether or not to charge Johnson.

SYP police detective chief superintendent Becs Horsfall said, “We have been speaking to highly specialized experts in their field to assist in our enquiries and continue to work closely with the health and safety department at Sheffield City Council, which is supporting our ongoing investigation.”

In the United Kingdom, manslaughter is defined similarly to how it is defined in the United States. Manslaughter is charged when a person engaged in conduct that was grossly negligent or in some way unlawful and their actions resulted in the death of another person.

Unlike murder, there is no premeditation in the case of manslaughter. The responsible party did not intend to kill another person.

In Florida, manslaughter is defined under Florida Statute 782.07. For a defendant to be found guilty of manslaughter, one or more of the following things must be proven.

• The defendant must have intentionally completed an act that led to the death of another person.
• The defendant must have persuaded or encouraged another person to complete an act that led to that person’s death.
• The defendant must have been culpably negligent which led to the death of another person.

Related: What to Ask During a Free Consultation with a Lawyer

What Consequence Does The Player Face?

In England, there is no mandatory or minimum sentence for manslaughter. A judge gives out the punishment based on the unique case. A judge may sentence a person convicted of manslaughter to no jail time, or they could deliver a sentence of life in prison. If Petgrave were charged and convicted, a judge would determine his fate.

In Florida, manslaughter by culpable negligence is a second-degree felony. It can result in up to 15 years in prison, 15 years of probation, and a $10,000 fine.

In the United States, a case like this could also lead to a possible wrongful death case. A wrongful death case is a civil lawsuit filed when a person has died as a result of the negligence of another person or business.

At this time, it is unclear if Petgrave will be officially charged with a crime. Police will continue their investigation to see if they have enough evidence to file criminal charges.

Related: What’s the Difference Between a Civil and Criminal Case?

See All Sides with an Attorney You Can Trust

In many situations, the lines of the law can be blurry. If you are involved in any type of legal matter — whether it be civil or criminal — make sure you have an attorney who can help you see all sides. Work with an attorney who will help you make sense of your case and fight to get you the best possible outcome.

Need legal advice? Get a free consultation with attorney TJ Grimaldi. Request your consultation or call 813-226-1023 today.