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Florida Administrative Code (Last Updated: November 11, 2024) |
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2. Department of Legal Affairs |
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D2. Departmental |
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2-43. Online Protections for Minors |
1Definitions – As used in this rule chapter and Section 501.1736, F.S.:
13(1) “Algorithm” means a mathematical set of rules that specifies how a group of data behaves and that will assist in ranking search results and maintaining order or that is used in sorting or ranking material based on relevancy or other factors instead of using published time or chronological order of such content or material.
68(2) “Auto-play video” includes automatically playing videos in succession as a default setting, in the absence of prior solicitation or approval.
89(3) “Commercially reasonable method of age verification” means a 98method of verifying age that is regularly used by the government or businesses for the purpose of age and identity verification.
119(4) “Consistent pattern” means the undertaking of three or more instances of conduct described at Section 501.1736(2), (3), or (4), F.S. as part of a routine.
145(5) “E-mail” messaging means transmission of “electronic mail messages” as defined at Section 158668.602(7), F.S.
160(6) “Exclusive function” means the social media platform does not offer any features other than allowing users to send messages consisting of text, photographs, pictures, images, or videos that are only visible to the sender and the recipient or recipients and are not posted publicly.
205(7) “Guardian” means a relative, nonrelative, next of kin, or fictive kin who is awarded physical custody of a child in a proceeding pursuant to Section 23139.01(30), F.S.
233(8) “Month” means a time period that is the lesser of a calendar month or a continuous period of 30 days.
254(9) “Parent” means a legal guardian or an individual with legal custody over a child.
269(10) “Permanently delete all personal information” means destroy from all repositories all content the social media platform holds or that is held on behalf of the social media platform about a person. Such content includes information that includes, but is not limited to, a person’s name, identifying characteristics about a person, the person’s location, or the person’s electronic material that could be used to identify the person. Destruction from all repositories means permanent removal of data or information the platform created, received, processed, archived, maintained, or transmitted about a person.
359(11) “Push notifications” includes photographs, written statements, video recordings, or other visible content that appears unsolicited on a person’s screen when the person accesses the social media platform.
387(12) “Reasonable parental verification” means any method that is reasonably calculated at determining that a person is a parent of a child that also verifies the age and identity of that parent by commercially reasonable means. Reasonable parental verification may include, but is not limited to, a social media platform:
437(a) requesting from a child the child’s parent’s name, address, phone number, and e-mail address;
452(b) contacting the name provided by the child and confirming that the parent is the child’s parent by obtaining documents or information sufficient to evidence that relationship; and
480(c) utilizing any commercially reasonable method regularly used by the government or business to verify that parent’s identity and age.
500Rulemaking Authority 501.1736(11) FS. Law Implemented 501.1736 FS. History-New 10-23-24.
