Florida Digital Bill of Rights (privacy / profiling opt-out)
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
- Status
- In effect
- Took effect
- July 1, 2024
- Applies to
- 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).
- Enforced by
- Florida Attorney General — Department of Legal Affairs
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.
Who is protected: Florida residents acting in an individual/household capacity (consumers) whose personal data is processed by covered controllers.
Legal 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.
Key facts
| Jurisdiction | Florida |
|---|---|
| Level | State |
| Strength | Limited |
| Enacted | June 6, 2023 |
| Citation | Fla. CS/CS/SB 262 (2023); ch. 2023-201, Laws of Fla.; Fla. Stat. Secs. 501.701-501.722 |
| Private right of action | No, agency enforcement only |
| Penalties | Violations 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. |
| Topics | consumer data privacy · automated decision-making · consumer protection |
| Bill text | The Florida Senate — CS/CS/SB 262 (2023), Technology Transparency / Digital Bill of Rights |
More AI rules in Florida
- FL Rule 2.515 amendment — AI citation certification (eff. Jun. 15, 2026) · In effect
- Florida FDOT statewide ALPR permit revocation (2026) · In effect
- Florida State Board of Education AI rules, K-12 and state colleges (2026) · Enacted (not yet in effect)
- FL HB 7027 (2016 driverless AV) · In effect
- FL drone surveillance act · In effect
- FL PDD law (2017) · In effect
Related consumer data privacy rules elsewhere
- Vermont Data Broker Law (H.211) · Enacted (not yet in effect)
- Chatrie v. United States (Fourth Amendment protection for location… · Blocked / in litigation
- House Bill 2512 — Banning surveillance pricing by rideshare companies · Proposed / pending
- Kids Internet and Digital Safety Act (KIDS Act) (H.R. 7757) · Proposed / pending
- Maine LD 61 (employer surveillance disclosure & prohibition) · In effect
- Washington SHB 1672 (employee monitoring notice, ADS restrictions, emotion AI ban) · In effect
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