Section 2-44.001 - Age Verification for Online Access to Materials Harmful to Minors - Definitions; Calculation of Proportion of Material(1) Definitions - As used in this rule chapter and Section 501.1737, F.S.: (a) "Commercially reasonable method of age verification" means a method of verifying age that is regularly used by the government or businesses for the purpose of age and identity verification.(b) "Material on a website or application" means all documents, photographs, films, recordings of any type, data processing software, or other items that are subject to recording, sharing, or transmitting that exist on a website or application that is visible or could be visible to a user who accesses the website or application, regardless of whether any user actually views the material.(c) "Total" means the complete amount based on a quantifiable unit of measurement, including, but not limited to, number of files, occurrences, gigabytes, regardless of the amount of time taken to view or observe the content.(d) "Website" includes any portion of material/webpage available only by way of account.(2) Proportion of Material - As used in this rule and Section 501.1737, F.S.: (a) Commercial entities must calculate the proportion of 33.3% of total material on a website or application such that it measures the total material on a website or application that is available to any minor, regardless of the medium in which it is available.(b) The proportion must be based on measuring all content posted on a website or application. Any portion of harmful material on a single piece of content renders the entire piece of content harmful.(c) The proportion must be calculated regardless of the existence of any framework that entails creation of an account to access any material. Webpage includes any portion of website available only by way of account.Fla. Admin. Code Ann. R. 2-44.001
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.