Data, privacy and AI rules

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Florida Digital Bill of Rights

In force Florida · In force Jul 1, 2024 · no upcoming deadlines

Deadlines

Takes effectJul 1, 2024 · 2.3 years ago · Source
Florida Digital Bill of Rights takes effectSB 262 obligations under Fla. Stat. 501.701-501.722 apply.

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
Verified 2026-09-22 leg.state.fl.us leg.state.fl.us
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

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California SB 243 (companion chatbots)Operators of companion chatbot platforms must clearly disclose that the chatbot is AI where a user could reasonably think they are talking to a human. They must keep and publish protocols that prevent suicidal-ideation and self-harm content and refer users to crisis services. For known minors, operators must disclose AI use, remind them every three hours to take a break, and block sexually explicit content. Annual reports to the Office of Suicide Prevention begin July 1, 2027.Next: Jul 1, 2027 First annual report to Office of Suicide Prevention · in 8 months
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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.