Florida's Digital Bill of Rights (FDBR), signed by Governor Ron DeSantis on June 6, 2023, is the most narrowly scoped comprehensive state privacy law in the country. The FDBR applies only to companies with more than $1 billion in global annual revenue that operate an app store or search engine, derive more than 50% of global revenue from online advertising, or operate a social media platform. This means the law essentially applies only to a handful of the largest technology companies — primarily Apple, Google, Meta, Amazon, and Microsoft. For consumers of those companies' services, the FDBR provides strong rights including the right to opt out of the sale of personal data, protection against secret algorithm manipulation, and specific rights around voice and facial recognition data.
Residents of Florida have the following legally enforceable privacy rights under FDBR:
Confirm whether a business processes your personal data and obtain a copy in portable format.
Request correction of inaccurate personal data held about you by covered businesses.
Request deletion of personal data you've provided or that has been collected about you.
Receive your personal data in a machine-readable, portable format to transfer to other services.
Prevent businesses from selling your personal data to third parties for commercial purposes.
Stop businesses from using your data to show you personalized ads based on your online behavior.
Opt out of automated decision-making used in significant decisions about credit, employment, or housing.
Businesses cannot penalize you with higher prices or reduced service for exercising your rights.
The FDBR applies only to controllers that (1) have more than $1 billion in global gross annual revenue AND meet one of three additional criteria: operate a consumer smart speaker or voice assistant service, operate an app store, or operate a social media platform; derive more than 50% of annual revenue from online advertising; or operate a general-purpose search engine. This extremely high threshold means the vast majority of businesses operating in Florida are completely exempt.
Under FDBR, the following categories are classified as sensitive personal data and require explicit opt-in consent before processing:
Racial or ethnic origin · Religious or philosophical beliefs · Mental or physical health diagnoses · Sexual orientation or gender identity · Citizenship or immigration status · Genetic or biometric data uniquely identifying a person · Personal data of known minors · Precise geolocation data (within 1,750 feet)
Under FDBR, businesses must respond to consumer rights requests within 45 days of receipt. This may be extended by an additional 45 days with prior written notice explaining the reason for the delay. Businesses must also establish an internal appeals process for denied requests, with a response due within 60 days.
The Florida Attorney General has exclusive enforcement authority. Violations may result in civil penalties of up to $50,000 per violation. Willful violations carry up to three times the standard penalty. Notably, there is no cure period for violations — the AG may proceed directly to penalties. The high penalty amounts combined with the narrow scope means enforcement will be reserved for the largest tech companies.
To exercise your rights under FDBR, contact the business through their official privacy portal (typically linked at the bottom of their website under "Privacy" or "Your Privacy Rights"). Clearly state:
1. That you are a Florida resident invoking rights under FDBR
2. Your full name and contact information linked to your account
3. The specific right you are invoking (access, deletion, opt-out of sale, etc.)
4. The legal deadline for response (45 days)
If the company denies your request, you have the right to appeal. If the company does not respond or appeal fails, you may file a complaint with the Florida Attorney General's office.
| Term | Definition Under FDBR |
|---|---|
| Personal Data | Any information linked or reasonably linkable to an identified or identifiable natural person. Does not include de-identified data or publicly available information. |
| Controller | A natural or legal person that, alone or jointly with others, determines the purposes and means of processing personal data. |
| Processor | A natural or legal person that processes personal data on behalf of a controller (e.g., a cloud hosting vendor). |
| Sale of Personal Data | The exchange of personal data for monetary or other valuable consideration by the controller to a third party. |
| Targeted Advertising | Displaying ads selected based on personal data obtained from a consumer's activities across non-affiliated websites or applications. |
| Profiling | Automated processing to evaluate, analyze, or predict aspects of a consumer's economic situation, health, personal preferences, behavior, location, or movements. |