Law / United States / 
Florida
Florida Digital Bill of Rights, consumer rights
Fla. Stat. §§ 501.705, 501.706, 501.707
In force since .
A data subject rights rule binding private bodies.
- Audit expectation
- none
What it requires
- Give a qualifying Florida consumer a means to confirm whether you process their personal data, access it, correct it, delete data you provided or obtained about them, and receive it in a portable, readily usable digital format.NIST Privacy FrameworkCT.PO-P3
- Offer a Florida consumer an opt-out of targeted advertising, sale of personal data, profiling producing a legal or similarly significant effect, collection or processing of sensitive data including precise geolocation, and collection of personal data through a voice or facial recognition feature.NIST Privacy FrameworkCT.PO-P3
- Respond to a consumer rights request without undue delay and no later than 45 days after receipt, with one 15-day extension available when reasonably necessary, and decide an appeal of a denial within 60 days.NIST Privacy FrameworkCT.PO-P3NIST Privacy FrameworkGV.MT-P7
These lines are LexLint's reading of the law's text. Also read by: Florida Department of Legal Affairs (guidance, recorded ).
In the frameworks
- NIST Privacy Framework
- GV.MT-P7Policies, processes, and procedures for receiving, tracking, and responding to complaints, concerns, and questions from individuals about organizational privacy practices are established and in place.
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
Rule 2-3.004 of the Florida Administrative Code is the Department's implementing rule on authenticating requests and serves as guidance because no other Department page construes these rights. Rule 2-3.001, in the same chapter, says who may act for a consumer.
- As of
- Guidance link
- https://www.flrules.org/gateway/readFile.asp?sid=0&tid=28503079&type=1&file=2-3.004.doc
- Guidance body
- Florida Department of Legal Affairs
- Open questions
- What counts as "surveillance" under Fla. Stat. § 501.705(3) when a device's voice recognition feature is not in active use by the consumer, and does listening for a wake word fall within it?
- Does the 60-day compliance notice in § 501.706(4) run alongside the 45-day response period in § 501.706(2), so that a controller that responds on day 45 has until day 60 to give the notice?
What it makes you log
Logging duty
Section 501.705 lists the rights a controller must honor on an authenticated request (access, correction, deletion, portable copy, opt-outs), section 501.706 sets a 45-day response (extendable once by 15 days), a notice of compliance within 60 days and free responses twice a year, and section 501.707 requires an appeal process and a written answer to an appeal within 60 days. Each is an answer sent to the consumer, not a record the controller keeps. Section 501.706(6) says a controller that obtained data from another source is considered in compliance with a deletion request by deleting the data and retaining a record of the deletion request, or by opting the consumer out; that is one of two alternative ways to comply and no duty to keep the record. The consumer's right to access personal data is access to the data, not to a log. The cited sections state no territorial reach.
- Kind
- None
- As of
What this law does
Against a qualifying controller, FDBR gives a Florida consumer confirmation and access, correction, deletion of data provided by or obtained about the consumer, data portability in a readily usable digital format, opt-out of processing for targeted advertising, sale, or profiling producing a legal or similarly significant effect, opt-out of collection or processing of sensitive data including precise geolocation, and opt-out of collection of personal data through a voice or facial recognition feature.
A controller must respond without undue delay and no later than 45 days after receipt, with one 15-day extension available, shorter than the 45-plus-45 model most peer states use, and must decide an appeal of a denial within 60 days. Rights are exercisable only against a narrowly defined controller and only by a Florida-resident consumer acting outside a commercial or employment context.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions, processes biometric data or processes personal data.
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