Florida Digital Bill of Rights
In force Florida · In force Jul 1, 2024 · no upcoming deadlines
Deadlines
| Date | What happens | When |
|---|---|---|
| Jul 1, 2024 | Florida Digital Bill of Rights takes effect2.2 years ago | 2.2 years ago |
Summaries for reference, not legal advice. Check the official text.
What it does
Privacy law aimed at very large tech companies: access, correction, deletion, portability and opt-out rights (sale, targeted ads, profiling), opt-in consent for sensitive data, voice/face recognition limits, data retention schedules and protections for known children. Separately, any for-profit business that sells sensitive data must post a notice, and the sale-of-sensitive-data consent rule applies beyond the big-tech controllers.
- Who it applies to
- Controllers: for-profit entities doing business in Florida with over $1 billion in global gross annual revenue that also (a) derive 50%+ of global revenue from online ad sales, (b) operate a consumer smart speaker and voice command service with a cloud-connected virtual assistant, or (c) operate an app store or digital distribution platform with at least 250,000 software applications (501.702(9)). Some provisions (e.g. sensitive data sale) reach other for-profit entities.
- Penalties
- Unfair and deceptive trade practice enforceable only by the Department of Legal Affairs: civil penalty up to $50,000 per violation, tripled for violations involving known children, failure to delete or correct after a verified request, or continuing to sell/share after opt-out (501.72(1)). The Department may grant a 45-day cure period at its discretion (not available for child violations) (501.72(2)). No private right of action.
- Enforced by
- Florida Department of Legal Affairs (Attorney General)
- Official name
- Florida Digital Bill of Rights (CS/CS/SB 262, 2023)
- Citation
- Fla. Stat. 501.701 to 501.722 (Ch. 2023-201, Laws of Fla.)
- Topics
- privacy, children
Research notes
Approved by the Governor June 7, 2023 (Ch. 2023-201), per the Florida Senate bill page. The cure period is discretionary and has no sunset. The app-store threshold (250,000 apps) is from the statute's controller definition, sub-subparagraph c; only (a) and (b) were read verbatim. No amendments found through Sept 2026.
Related
Questions about Florida Digital Bill of Rights
- What are the Florida Digital Bill of Rights compliance deadlines?
- Jul 1, 2024: Florida Digital Bill of Rights takes effect.
- When does Florida Digital Bill of Rights take effect?
- Florida Digital Bill of Rights took effect on Jul 1, 2024.
- Who does Florida Digital Bill of Rights apply to?
- Controllers: for-profit entities doing business in Florida with over $1 billion in global gross annual revenue that also (a) derive 50%+ of global revenue from online ad sales, (b) operate a consumer smart speaker and voice command service with a cloud-connected virtual assistant, or (c) operate an app store or digital distribution platform with at least 250,000 software applications (501.702(9)). Some provisions (e.g. sensitive data sale) reach other for-profit entities.
- What are the penalties under Florida Digital Bill of Rights?
- Unfair and deceptive trade practice enforceable only by the Department of Legal Affairs: civil penalty up to $50,000 per violation, tripled for violations involving known children, failure to delete or correct after a verified request, or continuing to sell/share after opt-out (501.72(1)). The Department may grant a 45-day cure period at its discretion (not available for child violations) (501.72(2)). No private right of action.