Fla. Admin. Code Ann. R. 2-43.002 - Social Media Use for Minors - Age Verification; Parental Verification; Enforcement

(1) Age Verification -- A social media platform's process for age verification is sufficient if it consists of completing:

(a) standard age verification as defined at Section 501.1737(1)(i), F.S.;

(b) anonymous age verification as defined at Section 501.1738, F.S.; or

(c) any method of verifying age that is regularly used by the government or businesses for the purpose of age and identity verification.

(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.

(3) Willful disregard of a person's age constitutes a knowing or reckless violation of Section 501.1736(2), (3), or (4), F.S.

(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.

(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.

Notes

Fla. Admin. Code Ann. R. 2-43.002

Rulemaking Authority 501.1736(11) FS. Law Implemented 501.1736 FS.

Adopted by Florida Register Volume 50, Number 197, October 8, 2024 effective 10/23/2024.