Florida

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Code/Regulations

Effective Date:  July 1, 2024

Details

Threshold

Applies to businesses in Florida with $1 billion or more in gross annual revenue and:

(1) Generate at least 50% of revenue from the sale of advertisements online;

(2) Operate an app store or digital distribution platform that offers at least 250,000 different software applications for consumers to download and install; OR

(3) Operate a consumer smart speaker and voice command component service with an integrated virtual assistant connected to a cloud-computing service that uses hands-free verbal activation

Definition of "Personal Data"

Any information, including sensitive data, which is linked or reasonably linkable to an identified or identifiable individual.

Definition of "Sensitive Data"

As with all state general privacy laws, includes the following Personal Data:

  • Race or ethnic origin;
  • Religious beliefs;
  • Citizenship or immigration status;
  • Genetic data;
  • Biometric data;
  • Physical or mental health diagnosis; and
  • Sexual orientation.

In addition, Florida’s definition also includes:

  • Precise geolocation data; and
  • Personal data collected from a known child. 

Definition of "Sale"

Sharing, disclosing, or transferring of personal data for monetary or other valuable consideration by the controller to a third party

Data-Protection Assessments

Required for targeted advertising, sale, sensitive data, certain profiling

Opt-In Consent Required for Processing Sensitive Data 

Yes

Consumer Rights to Confirm Processing, Request Access, Correction, Deletion & Portability

Yes

Consumer Right to Opt Out of Sale

Yes

Consumer Right to Opt Out of Targeted Ads

Yes

Consumer Right to Opt Out of Profiling

Yes

Pseudonymous Data Exempt from Consumer Requests

Yes

Appeal Rights

Yes

Universal Opt-Out Mechanism Required Recognition/Date

None

Data of Minors

Prohibitions on processing a child's PI if the online platform has actual knowledge or willfully disregards that the processing will result in "substantial harm or privacy risk to children;"

Profiling a child; using a child's PI for any reason other than the reason for which the PI was collected;

Collecting, selling, or sharing a child's precise geolocation data;

Using "dark patterns" to lead, or encourage, a child to take certain actions;

Using any personal information collected to estimate a child's age or age range

GLBA Exemption

Yes (both entity-level and data-level)

HIPAA Exemption

Yes (entity-level)

Applies/Does Not Apply to Personal Information in a Commercial or Employment Context

Does not apply to commercial or employment context; applies in an individual or household context

Nonprofit Exemption

Yes

Private Right of Action

No

Cure Period

45 Days, at the discretion of the Attorney General.

Cure Period Expiration

None

Enforcement Authority/Damages

Dept. of Legal Affairs (Attorney General)/up to $50,000 per violation with potential for treble damages for knowing or willful violations

Attorney General granted both discretionary and mandatory rulemaking authority

Disclaimer: States may periodically amend their laws and regulations and such amendments may affect or modify certain legal requirements or compliance obligations. There is no guarantee that this research is up to date as laws and regulations in the state consumer data privacy space continue to evolve. You should consult an attorney to assess the applicability of any existing, new, or proposed state consumer data privacy laws. By accessing this site, you acknowledge your understanding that the underlying content is not a replacement for legal counsel and does not constitute legal advice.