Section 2-3.003 - Florida Digital Bill of Rights - Enforcement(1) Definitions - As used in this rule and Section 501.701, F.S.: (a) The "department" means the Department of Legal Affairs.(b) "Parent" means a legal guardian or an individual with legal custody over a child.(c) "Reasonable age verification" means any commercially reasonable method regularly used by the government or businesses for the purpose of age and identity verification.(d) "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 controller:1. requesting from a child the child's parent's name, address, phone number, and e-mail address;2. 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; and3. utilizing any commercially reasonable method regularly used by the government or business to verify that parent's identity and age.(2) Notice of Alleged Violation - (a) Consumers and authorized persons who seek to exercise their rights pursuant to Section, 501.705, F.S., may file a complaint with the department. After receipt of a consumer complaint with the required information, the department shall provide written notice thereof to the controller named in the complaint. The required information for a complaint shall include:1. The consumer's name, address, telephone number, email address and any username or identity with the controller;2. The authorized person's name, address, telephone number, email address, and relationship with the consumer, if an authorized person is submitting a complaint on behalf of a consumer;3. The controller's name and website; and4. A description of all actions the consumer or authorized person requested the controller to take in connection with the rights provided in Section 501.705.(b) The written notice of violation shall include a copy of the complaint received by the department or a portion thereof, which may be redacted to comply with applicable laws protecting personal or confidential data of the consumer and the authorized person, if any.(c) As provided in Section 501.72(2), F.S., the written notice of violation may inform the controller of whether the department is granting the controller a forty-five (45) day cure period, the date by which the cure is required, and the name and contact information of the person within the department to whom the controller shall provide proof of any curative measures it takes.(d) In determining whether to grant a forty-five (45)-day period to cure, the department may consider the number and frequency of violations, the substantial likelihood of injury to the public, and the safety of persons or property. The department will not grant a forty-five (45)-day period to cure for alleged violations involving a child. Any action taken by the department against a controller for a violation of Section 501.701, F.S., shall not be limited to violations identified in the consumer's complaint.(3) Effect of Appeal - A consumer's filing or submission of an appeal to a controller for refusal to take action on a request pursuant to Section 501.707, F.S., shall not be a condition precedent to the department's initiation of an action against the controller for violation of Section 501.701, F.S.(4) Willful Disregard - (a) A controller willfully disregards a consumer's age if it, based on the facts or circumstance readily available to the controller, should reasonably have been aroused to question whether a consumer was a child and thereafter failed to perform reasonable age verification.(b) The department will not find a controller willfully disregarded a consumer's age if that controller utilizes a reasonable age verification method with respect to all its consumers and that reasonable age verification method determined that the consumer was not a child unless the controller later obtained actual knowledge that the consumer was a child and failed to act.(5) Determination of a Parent - In determining whether someone is a parent entitled to exercise rights under Section 501.705, F.S., or any other provision of part V of Chapter 501, for a known child, a controller shall conduct reasonable parental verification before allowing the exercise of any right.Fla. Admin. Code Ann. R. 2-3.003
Rulemaking Authority Section 501.72(5), F.S. Law Implemented 501.72(5), F.S.
Adopted by Florida Register Volume 50, Number 129, July 2, 2024 effective 7/18/2024.