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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 |
1(1) Age Verification -- A social media platform’s process for age verification is sufficient if it consists of completing:
20(a) standard age verification as defined at Section 501.1737(1)(i), F. S.;
31(b) anonymous age verification as defined at Section 501.1738, F. S.; or
43(c) any method of verifying age that is regularly used by the government or businesses for the purpose of age and identity verification.
66(2) Determination of a Parent – In determining whether someone is a parent entitled to exercise rights under Section 501.1736, F.S., for a known child, a social media platform shall conduct reasonable parental verification before allowing the exercise of any right.
107(3) Willful disregard of a person’s age constitutes a knowing or reckless violation of Section 501.1736(2), (3), or (4), F.S.
127(a) A social media platform willfully disregards a person’s age if it, based on the facts or circumstance readily available to the respondent, should reasonably have been aroused to question whether the person was a child and thereafter failed to perform reasonable age verification.
171(b) The department will not find willful disregard of a person’s age has occurred if a social media platform establishes it has utilized a reasonable age verification method with respect to all who access the social media platform and that reasonable age verification method determined that the person was not a child unless the social media platform later obtained actual knowledge that the person was a child and failed to act.
242Rulemaking Authority 501.1736(11) FS. Law Implemented 501.1736 FS. History-New 10-23-24.
