Florida Digital Bill of Rights (FDBR) — A Complete Guide for 2025

Did you know that Florida set new standards with the Florida Digital Bill of Rights (FDBR), effective July 1, 2024?

This is the tenth state-level bill in the United States, with the new legislation part of a wave of legislative sweeping through the nation during 2023, joining Iowa, Indiana, Tennessee, Montana, and Texas.

The Florida Digital Bill of Rights was unique in providing protections for children, regulating social media, and raising awareness of the implications that technology may have on communications.

It brings new meanings and enforces compliance thresholds uniquely applied to large players such as tech companies.

Florida’s move places it alongside other states, with growing state-level compliances on privacy happening without a national consensus.

In this overview, we’ll break down the Florida data privacy law, including its key provisions, applicability, and the steps businesses need to take to ensure compliance.

What is the Florida Digital Bill of Rights (FDBR)?

The Florida Digital Bill of Rights protects not only the digital privacy but also personal data for Florida’s 21 million residents while imposing specific data privacy requirements on businesses conducting business within the state or providing products or services directed toward Florida consumers.

These businesses often get consumer’s personal information when operating. What makes this law unique is its deep concern for giant technology companies, new consumer technologies, and online social media.

Florida defines a consumer in terms that are similar to every other state, referring to residents acting for purposes other than for business purposes or employment.

Opt-Out Approach

The Florida Digital Bill of Rights adopts an opt-out approach, allowing organizations to collect and process information without needing to seek direct consent from consumers.

However, these organizations must still inform consumers about how they collect and process their information, the purposes behind these actions, and the rights consumers have to exercise regarding their data.

Disclose how you collect data, clearly explain its intended uses, and identify the third parties receiving the information.

Consumers must have clear opt-out opportunities to prevent data collection for purposes of targeted advertising, sales, or profiling. Both data controllers and processors shall adopt reasonable security measures.

Obtain prior consent for processing sensitive personal data or handling information about minors.

Florida extends the definition of a child to include anyone under the age of 18. The more traditional under-13 age limit that most other states employ.

Basic Terms and Definitions Under Florida Digital Bill of Rights?

The Florida Digital Bill of Rights (FDBR) has definitions that are unique to other U.S. data protection acts, so it is essential to know them to ensure conformity.

Defining the Florida Digital Bill of Rights under these essential terms

• Child: Any consumer below 18 years of age.
• Consent: An unambiguous, affirmative action that demonstrates that a consumer has given their willing, informed, and particular consent to the processing of personal data. It can be either in writing or made through an electronic declaration and may encompass any other statement which, by its very nature, is clear enough. This is far from silent acceptance of general terms of use policy, endorsements through mouse movement or muting, and agreements that exploit users’ default behavior, labeled dark patterns.
• Consumer: A person residing in Florida and undertaking any action for a personal or family purpose and not for business or commercial purposes.
• Business: An entity with defined characteristics, including firms generating annual revenues exceeding $1 billion, companies engaging in data-driven advertising, companies owning voice-controlled intelligent devices, or stores that carry more than 250,000 applications. The term scope also includes businesses that have engaged or engaged in the exercise of control over other businesses.
• Dark Pattern: The Federal Trade Commission defines a user interface as one designed to manipulate or impair user decision-making or autonomy.
• Personal Data: Any information that can be related to an identified or identifiable natural person, such as pseudonymous data, when further processed together with other data or publicly available data.
• Processing: Any action or operation on the personal data performed automatically or not
• Sensitive personal data: Information or data that is about an identified individual and contains sensitive information, including, but not limited to, medical or biometric information, and does not include de-identified or public information.

These definitions lay the basis for compliance under Florida data privacy law and point out the focus on consumer protections and considerations for technology.

What Does the FDBR Include?

The Florida Digital Bill of Rights (FDBR) targets three core privacy-related areas that concern Florida residents and the state as well :

• Consumer Privacy: One article deals with the rights of individuals regarding the collection, processing, and use of their personal data by data controllers while acting in a personal or household capacity.
• Government Restrictions: The second article bars government employees from using their office or state apparatus to delete or modify content or an account of a person on a social media website.
• Children’s Online Protection: A third article sets up protections for a child’s online information. Notably, the Florida Digital Bill of Rights distinguishes between “personal data” and “personal information,” applying each term to specific areas of the law:
• Personal Data: Deals with the collection, processing, and management of information by data controllers with respect to Florida residents.
• Personal Information: Relates to safety measures for protecting children under 18 in online spaces.

FDBR vs Other State Laws

Florida’s FDBR follows the mold of other state laws, including the California Consumer Privacy Act (CCPA) and Virginia Consumer Data Protection Act (CDPA), though it also has some unique features.

Experts consider Florida’s law mid-range, balancing the strict regulations of California with the relaxed provisions of Virginia, making it both flexible and strong.

Who Needs to Comply With The Florida Data Privacy Law?

Florida Digital Bill of Rights applies to businesses operating in Florida or providing products and services to Florida residents. Its compliance criterion is somewhat different from other U.S. data privacy laws, which usually target a specific type of organization.

To be in compliance with the Florida data privacy law, a company should:

1. Have more than $1 billion in global gross annual revenue,
2. And meet at least one of the following conditions:

• Derive 50% or more of global gross annual revenue from online advertising, including targeted ads or the sale of advertisements.
• Operate a smart speaker or voice command service with a built-in virtual assistant linked to a cloud service. It activates using hands-free voice commands. However, manufacturing automobile companies or their subsidiaries exclude these devices tied to their automobile.
• Manage an app store or digital distribution platform that allows access to or download of more than 250,000 software applications.

Revenue Threshold Highlights

The $1 billion in revenue threshold is unique in that it singles out more extensive businesses. To put it into perspective, only the California Privacy Rights Act (CPRA) has a threshold of $25 million, while newly introduced legislation, such as Tennessee’s Information Protection Act (TIPA), has no revenue-only threshold.

Affected Businesses

In Florida, less than 6,000 businesses have revenues above $1 billion, and there are other specific elements that further qualify the field. The Florida Digital Bill of Rights also has particular designations for large tech companies generating big dollars in online advertisements, ones with smart voice-activated devices, or those running large app distribution sites. This aligns again in focus areas where companies like Apple and Google lead in these markets, adding even additional requirements not part of any existing state privacy law.

How Can Businesses comply with the Florida Digital Bill of Rights?

Florida’s privacy law imposes strict standards on businesses to use a resident’s personal data responsibly and ensure data transparency. Here is an outline of some of the key business obligations required by the Florida Digital Bill of Rights (FDBR).

Business Obligations Under Florida Privacy Law

1. Data Minimization and Purpose Limitation

• Personal data collected must only be for a particular informed purpose.
• Any processing of personal data will remain fair, relevant, and logically related to its original intended purpose.

2. Safety Controls

• Organizations must institute personal data security controls at the technical, administrative, and physical levels.
• Such controls must be commensurate with the volume and degree of sensitivity of personal data stored.

3. Non-Discrimination

• Businesses may not discriminate against consumers who exercise their privacy rights by increasing prices, reducing quality, or providing inferior services.
• Variations related to participation in loyalty, premium, or discount programs can be excluded as variations in price, quantity, or levels of service.

4. Privacy Disclosures

• Florida data privacy law requirements must be met with the websites’s disclaimers and privacy policies.
• The Terms of Service page of your website should also be transparent and adhere to  FDBR rules. 
• Ranking criteria for search engines must disclose any political affiliations that affect the order of search results.

5. Surveillance Restrictions

• Hardware with face recognition, voice recognition, or recording functionalities should not be monitored when not in use.

6. Retention Policies

• There should be a retention schedule that ensures personal data is erased once the purpose is met, the contract ends, or after two years of no contact with consumers
• Exemptions are available for in-house usage and the delivery of the products or for correcting errors.

7. Consent Issue

• Consent should be obtained before processing sensitive personal data.
• For children aged 13-18, consent can be provided directly by the child; for children under 13, COPPA rules require verifiable parental consent.
• Obtaining Explicit Affirmative Consent – Sales of sensitive data must obtain explicit affirmative consent and should not employ dark patterns.

8. Consumer Request Responses

• Answer consumer requests in 45 days, with a 15-day extension if the consumer is notified on or before the 45th day.
• Consumer Complaint Appeals have to be handled within 60 days.
• Businesses may direct consumers to correct data themselves if a self-service correction mechanism is available.
• Notify consumers once their requests have been fulfilled and process two free requests annually per consumer.

9. Data Protection Impact Assessments

• Regular assessments must be conducted to evaluate high-risk processing activities, such as handling sensitive data, data sales, targeted advertising, or profiling.
• Records of these assessments must be kept confidential.

10. Contractual Obligations

• Develop contracts with a data processor and third parties identifying roles, responsibilities nature, duration of processing, and Florida Digital Bill of Rights compliance.
• Ensure that your third parties are subject to confidentiality and regulatory requirements.

11. Consumer Request Mechanisms

• Provide at least two accessible ways for consumers to submit privacy-related requests.
• Provide secure, reliable, and verifiable opt-out and appeal mechanisms.

By following these regulations, companies can guarantee compliance with the FDBR while ensuring consumer confidence and data privacy.

Penalties and Fines for Non-compliance of Florida Digital Bill of Rights (FDBR)

Violations under the Florida Digital Bill of Rights (FDBR) are considered unfair and deceptive trade practices. The Department of Legal Affairs is granted authority to impose penalties of up to $50,000 for each violation.

Hiked Penalties for Specific Violations

The amount of the penalty shall be tripled in the following type of infraction:

• Victimization of minors under 18 years of age.
• Failure to delete or correct personal information upon a consumer’s request.
• Sale or sharing with third parties of personal information when the consumer opted out.

Enforcement Discretion

The enforcement agency has the discretion to provide a 45-day cure period for violations to be cured. Legally enforceable action may then be avoided if the violation is remedied within the provided time. Moreover, the agency can send a guidance letter to the entity reminding it that cure periods will not be given any longer for future violations.

No Private Right of Action

The Florida data privacy law does not grant individuals the right to file lawsuits for violations. All enforcement authority rests with the designated state agency.

An aligned privacy policy for your website can be generated using the WP Legal Pages plugin. It must include information such as the types of personal data collected, the purposes they are processed for, and the rights available under the FDBR to users. Apart from this, utilize the WP Cookie Consent plugin, which offers choices for the discussion of data collection consent by cookies while being transparent. Thus, this complies with the FDBR transparency and opt-out requirements.

FAQ

Conclusion

Florida businesses had until July 1, 2024, to comply with the Florida Digital Bill of Rights (FDBR). 

While organizations already adhering to other privacy laws may have a head start, Florida’s unique provisions, particularly around child privacy and compliance thresholds, require specific attention.

The adoption of privacy-by-design should be the way forward in embedding strong measures for the privacy of business processes, elevating compliance and trust of users. 

Compliance involves scrutinizing Florida data privacy law requirements and using tools such as consent management platforms, which can streamline notifications and opt-out processes.

As technology advances, the Florida data privacy law may advance to address facial recognition and voice technology, among many other emerging trends, and regulatory amendments and case law will provide further clarity.

Legal or data privacy professionals will be consulted to ensure complete compliance and trust building, ultimately strengthening customer relationships. Protecting privacy proactively isn’t just a legal requirement; it’s a road to long-term business growth.

If you liked reading this article, don’t forget to read our other engaging articles:

• General Data Protection Regulation (GDPR)
• American Data Privacy and Protection Act (ADPPA)
• The Ultimate Guide to GDPL: Brazil’s Data Protection Law

Are you ready to take the lead in safeguarding data privacy on your website? Grab WP Legal Pages Compliance Platform now!