Florida Digital Bill of Rights (SB 262) state silhouette

Florida Digital Bill of Rights (SB 262)

Effective Date: 2024-07-01

The Florida Digital Bill of Rights is comprehensive in form but narrow in reach. Its full controller obligations apply mainly to businesses with over $1 billion in global revenue that also run large ad businesses, app stores, or smart speaker platforms, so most small businesses are not covered controllers.

Where the Florida Digital Bill of Rights Reaches Further

Two pieces reach beyond the largest platforms: any business that sells sensitive personal data must post a prominent notice saying so, and the law’s protections for children’s data apply broadly to online platforms likely to be accessed by minors. Covered controllers owe Floridians notice, access, correction, deletion, and portability rights, plus opt-outs from targeted advertising and data sales.

Enforcement and Penalties

Enforcement is by the Florida Attorney General under the state’s deceptive trade practices law, with penalties up to $50,000 per violation and multipliers in cases involving minors. Small businesses building sites for Florida audiences mostly need to watch the sensitive data sale notice and the children’s provisions.

Source: Florida Senate: SB 262, Fla. Stat. 501.701-501.722

Report a violation: If you believe a business is violating this law, you can file a complaint with the Florida Attorney General Consumer Protection Division.

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