01
Choice evidence
Visitor action and preference state.
FLORIDA / FDBR
IN FORCE
The Florida Digital Bill of Rights took effect July 1, 2024. Its main consumer-privacy duties reach a narrow class of large, for-profit technology businesses: the statutory controller definition includes more than $1 billion in global annual revenue and at least one specified digital-business condition.
For a covered controller, a consumer’s opt-out must change what happens after the choice. This guide explains Florida’s distinct rules and how website testing can reveal an advertising or data-sharing path that did not stop.
The Florida Digital Bill of Rights (FDBR), Fla. Stat. §§ 501.701–501.721, gives eligible Florida consumers rights to access, correct, delete, and obtain their data, and opt out of targeted advertising, sale, certain profiling, sensitive-data collection or processing, and data collected through voice or facial recognition features. These duties apply to entities within the statute’s narrow definition of a controller, not automatically to every Florida website. Florida Senate: controller definition Florida Senate: consumer rights
Technical testing records website behavior after a choice. Counsel decides whether an entity is a controller, whether a particular transfer is a sale or targeted advertising, and whether an exclusion or separate law applies.
| Field | Florida rule |
|---|---|
| Law | Florida Digital Bill of Rights (FDBR), Fla. Stat. §§ 501.701–501.721 |
| Status | In force since July 1, 2024 |
| Controller test | For-profit entity doing business in Florida, collecting Florida consumer data, deciding purposes and means, with over $1 billion in global annual revenue plus a qualifying digital-business activity; controlled entities also covered as defined |
| Qualifying activity | At least 50% of global annual revenue from online ad sales; qualifying consumer smart-speaker service; or app store with at least 250,000 applications |
| Consumer | Florida resident or domiciliary acting personally or for a household; excludes employment and commercial context |
| Rights | Access, correct, delete, portability; opt out of targeting, sale, specified profiling and sensitive-data processing |
| Universal browser signal | No express universal GPC recognition mandate in the FDBR text; direct consumer opt-out rights still apply |
| Request timing | Respond within 45 days; one 15-day extension when justified; notify of compliance within 60 days |
| Privacy notice | Clear notice updated at least annually; special prescribed notice if selling sensitive or biometric data |
| Enforcement | Florida Department of Legal Affairs only; no private FDBR cause of action |
| Civil penalty | Up to $50,000 per violation, potentially tripled for enumerated cases |
| Cure opportunity | Discretionary 45-day period; unavailable for violations involving a known child |
The controller definition is not a general $1 billion threshold on its own. All required elements and at least one qualifying activity must be assessed.
01 / APPLICABILITY
The FDBR defines a controller as a for-profit entity that does business in Florida, collects consumer data, determines the purposes and means of processing, makes more than $1 billion in global gross annual revenue, and satisfies at least one specified condition. Those conditions are: at least 50% of global annual revenue from selling online ads, operation of a qualifying consumer smart-speaker and voice assistant service, or an app store or digital distribution platform offering at least 250,000 applications. An entity that controls or is controlled by such a controller can also fall within the definition. Florida Senate: controller definition
Florida’s applicability clause adds the requirement of doing business in the state or producing a product or service used by residents and processing or selling personal data. Nonprofits, specified financial entities and data, HIPAA covered entities and business associates, postsecondary institutions, and certain categories of processing are excluded. Counsel should check the relationship among the definition, applicability clause, and exemptions. Florida Senate: applicability
The statute has no simple visitor-count threshold like many other state laws. A small retailer with Florida visitors is not automatically subject to the FDBR’s controller duties merely because it has cookies. It may still face other state or federal duties; a website scan does not decide those questions.
02 / RIGHTS AND DUTIES
A covered controller must address eligible requests to access, correct, delete, or obtain portable data. Consumers may opt out of targeted advertising, sale of personal data, and profiling connected with legally or similarly significant decisions. Florida also lists rights to opt out of collecting or processing sensitive data, including precise location, and of collecting personal data through voice or facial recognition features. Florida Senate: consumer rights
The ordinary response period is 45 days, with one justified 15-day extension and timely notice. The statute separately requires notice of compliance within 60 days after receipt. A denial needs an available appeal process; a controller must respond to an appeal within 60 days. These workflows require legal and operational review beyond a browser scan. Florida Senate: responses Florida Senate: appeals
Ordinary response window
One justified extension with notice
Separate notice-of-compliance deadline
03 / WEBSITE TRACKING
Florida defines a sale as sharing, disclosing, or transferring personal data for money or other valuable consideration, subject to enumerated exclusions. Its targeted-advertising definition includes activity over time across affiliated or unaffiliated websites and apps, a meaningful difference from some other states. Processing solely to measure advertising performance, reach, or frequency is separately excluded from this part. Classification depends on purpose and agreements, not simply on a vendor’s name. Florida Senate: controller definition Florida Senate: applicability and exclusions
A tag manager, embedded form, advertising pixel, or hard-coded script can transmit identifiers even when a banner says the visitor opted out. The technical test records network requests and cookies before and after the choice. The legal team determines which flows are within Florida’s statutory opt-out categories.
Inventory. Record scripts, cookies, recipients, and page paths.
Classify. Have counsel assess applicable sales, targeting, exemptions, and processor roles.
Opt out. Use the actual visitor control on the site.
Observe. Compare post-choice requests and cookies.
Repair. Update direct scripts and tag manager rules.
Verify. Run the same scenario again and retain evidence.
04 / GPC AND DIRECT OPT-OUTS
The FDBR grants direct consumer rights to opt out of sales and targeted advertising, and it requires covered controllers to offer accessible ways to submit rights requests. Unlike some state statutes, its text does not expressly require recognition of a universal GPC browser signal. A GPC-enabled test can still reveal website behavior and help maintain a consistent preference architecture across jurisdictions; it should not be presented as proof that Florida itself mandates GPC recognition. Florida Senate: consumer rights Florida Senate: request methods
Test the site’s direct opt-out first. If the same site uses GPC to implement privacy choices across states, compare its signal response too. Document which visitor action produced each result so an informational finding does not become a false Florida-specific legal claim.
05 / ENFORCEMENT
The Florida Department of Legal Affairs alone enforces the FDBR. It may seek a civil penalty up to $50,000 per violation, with potential tripling for specified known-child violations, certain failures to delete or correct, or continuing to sell or share data after a consumer opts out. It may offer a discretionary 45-day cure after notice, but that opportunity does not apply to the specified known-child violation. The FDBR creates no private cause of action. Florida Senate: enforcement
A controller’s privacy notice must be clear and updated at least annually. It must make any applicable sale or targeting and opt-out method clear; special prescribed notices apply when selling sensitive or biometric personal data. The legal team should review the exact text and placement. Florida Senate: privacy notices
The Florida Digital Bill of Rights took effect. Florida Senate: short title
The Department of Legal Affairs is required to publish an annual enforcement report by February 1. Florida Senate: enforcement
06 / PREPARATION
The legal and privacy team decides whether Florida’s narrow controller definition applies, then classifies vendors and data uses. The technical team implements the resulting choices through every script, tag, and endpoint. A shared inventory is essential to both.
Confirm statutory applicability with counsel.
Inventory pages, tags, recipients, and purposes.
Classify sale, targeting, sensitive-data, and processor flows.
Make direct opt-out requests reach every affected tag.
Observe cookies and network calls after the request.
Fix gaps and repeat the test.
07 / TECHNICAL VERIFICATION
Use separate browser sessions to compare the site’s initial behavior, its response to a direct opt-out, and its response to Global Privacy Control where relevant to your review. Record the page URL, test time, browser settings and exact choice made so the result can be reproduced.
Inspect cookies and network requests before and after each choice. Record which requests continue, their destinations and the controls involved. Browser evidence can help diagnose an implementation; it cannot establish statutory applicability, the legal purpose of every transfer or organization-wide compliance.
01
Visitor action and preference state.
02
Cookies, endpoints, tags, and recipient requests.
03
Direct opt-out evidence gathered separately from the GPC scan.
04
Changed rule and repeat verification scan.
08 / INDEPENDENT LEGAL COUNSEL
Legal interpretation, applicability, exemptions, privacy notices, vendor contracts, rights-request procedures, sensitive-data obligations, and organizational governance should be handled by qualified privacy counsel.
09 / FAQ
July 1, 2024. The main data-privacy provisions appear in Chapter 501, Part V. Florida Senate: § 501.701
No. Its controller definition includes a for-profit entity with over $1 billion in global annual revenue and at least one specified ad-sales, smart-speaker, or large app-store activity, plus other statutory elements. Controlled entities may also be covered. Florida Senate: controller definition
At least half of global revenue from online ad sales; operating a qualifying consumer smart speaker with voice assistant; or operating an app store or digital distribution platform with at least 250,000 applications. Florida Senate: controller definition
The FDBR text does not expressly impose a universal GPC recognition mandate. It does give consumers direct opt-out rights for covered sales and targeted advertising. GPC may still be relevant under other applicable laws and to cross-state technical testing. Florida Senate: consumer rights Florida Senate: § 501.709
Its definition includes selected ads based on a consumer’s activities over time across affiliated or unaffiliated websites or apps. It excludes the specified context and direct-response ads. Florida Senate: controller definition
The Department of Legal Affairs may seek statutory remedies for a covered controller. Continuing to sell or share data after the consumer opts out is one category for which a civil penalty may be tripled. Classification and applicability still require legal review. Florida Senate: enforcement
Generally 45 days, with one justified 15-day extension and timely notice; the statute separately requires notice of compliance within 60 days. Florida Senate: § 501.706
No. The Act assigns enforcement to the Florida Department of Legal Affairs and says it does not establish a private cause of action. Florida Senate: enforcement
The FDBR specifies accessible rights methods and privacy-notice content for covered controllers, rather than one universal banner design. Test whether the chosen control actually changes relevant website behavior. Florida Senate: privacy notices
No. It records tested technical behavior, not whether the narrow controller definition is met or every legal and organizational requirement is satisfied.
10 / PRIMARY SOURCES
This guide uses Florida statutory text for the narrow controller test, rights, notices, requests, assessments, and enforcement. The statute does not state a universal GPC recognition duty; we do not add one by inference. Secondary summaries are not authority for the legal claims on this page.
Prepared by Etalon Editorial Team. Last reviewed September 27, 2026. Material corrections may be sent to contact@etalondata.com.
11 / SCOPE AND RESPONSIBILITY
Etalon is not a law firm and does not provide legal advice. A passing scan or certificate does not guarantee that an organization satisfies every legal obligation.
Technical testing records observable website tracking: visitor choice, browser privacy signals, cookies, scripts, tags, and network requests. Your legal and privacy team remains responsible for FDBR applicability, exemptions, vendor classifications, notices, contracts, rights requests, assessments, minors, security, and governance.
OPTIONAL SUPPORTING TOOL
Etalon Spectra compares network requests and cookies across isolated consent states to identify tracking that continues after a visitor opts out.
It can support the evidence-gathering process described in this guide. Findings describe tested website behavior and do not determine whether an organization complies with the law.