HomeLegal DirectoryFlorida Digital Bill of Rights (privacy / profiling opt-out)

In effect Limited protection

Florida Digital Bill of Rights (CS/CS/SB 262 — Technology Transparency)

Florida · Fla. CS/CS/SB 262 (2023); ch. 2023-201, Laws of Fla.; Fla. Stat. Secs. 501.701-501.722

Florida's Digital Bill of Rights gives covered consumers a set of data-privacy rights, including the right to opt out of profiling carried out solely by automated processing when that profiling is used to make decisions that have a legal or similarly significant effect on the person. Businesses that meet the law's thresholds must also conduct and document data-protection assessments for higher-risk processing activities such as profiling, targeted advertising, and the sale of personal data. The Florida Attorney General enforces the law; consumers cannot sue directly. The law applies only to a relatively narrow set of very large businesses.

Technical detail

CS/CS/SB 262 (2023), codified at Fla. Stat. Secs. 501.701-501.722, grants consumers a right to opt out of solely-automated profiling producing legal or similarly significant effects and requires controllers to conduct data-protection assessments for higher-risk processing.

Who is protected: Florida residents acting in an individual/household capacity (consumers) whose personal data is processed by covered controllers.

Who must comply: Large for-profit controllers that meet the statute's high revenue and data-business thresholds (e.g., over $1 billion in global gross annual revenue plus specified data-related criteria).

Key facts

JurisdictionFlorida
LevelState
StatusIn effect
Protection strengthLimited protection
Effective date2024-07-01
Enacted2023-06-06
CitationFla. CS/CS/SB 262 (2023); ch. 2023-201, Laws of Fla.; Fla. Stat. Secs. 501.701-501.722
Enforced byFlorida Attorney General — Department of Legal Affairs
Private right of actionNo — agency enforcement only
PenaltiesViolations are treated as unfair and deceptive trade practices under FDUTPA, with civil penalties of up to $50,000 per violation; penalties may be tripled for certain violations, including those involving children's data. A 45-day right to cure may apply.
Topicsconsumer data privacy · automated decision-making · consumer protection
Last verified2026-06-16
Official sourceThe Florida Senate — CS/CS/SB 262 (2023), Technology Transparency / Digital Bill of Rights ↗

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