Fla. Admin. Code Ann. R. 2-44.002 - Age Verification for Online Access to Materials Harmful to Minors - Enforcement

(1) Willful disregard of a person's age constitutes a knowing or intentional violation of Section 501.1737, F.S.

(a) A commercial entity 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 commercial entity 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 minor and failed to act.

(2) The department will take action under part II of chapter 501, F.S., against a third party that performs age verification in violation of Section 501.1738, F.S.

Notes

Fla. Admin. Code Ann. R. 2-44.002

Rulemaking Authority 501.1737(9) FS. Law Implemented 501.1737 FS.

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