On June 6, 2023, Governor DeSantis signed Senate Bill (SB) 2262, legislation intended to create a “Digital Bill of Rights” for Floridians. While Florida’s new law provides similar privacy rights to consumers as other states’ comprehensive privacy laws passed in recent months, the law is narrower in the businesses that are regulated.

Generally, the requirements of the law take effect on July 1, 2024, with certain sections taking effect sooner.

Covered Businesses

The new legislation applies to businesses that collect consumers’ personal information, make in excess of $1 billion in gross revenues, and meet one of the following thresholds:

• Derive 50% or more of its global annual revenues from providing targeted advertising or the sale of ads online; or
• Operate a consumer smart speaker and voice command component service with an integrated virtual assistant connected to cloud computing service that uses hands-free verbal activation.

Consumer Rights

Like many of the comprehensive privacy laws passed in recent months, the new law provides Florida consumers the right to:

• Access their personal information;
• Delete or correct personal information; and,
• Opt out of the sale or sharing of their personal information.

In addition to these rights, the law adds biometric data and geolocation information to the definition of personal data, for purposes of protecting consumers.

Covered Business Obligations

Under the new law, covered businesses and their processors are required to implement a retention schedule for the deletion of personal data. Controllers or processors may only retain personal data until:

• The initial purpose of the collection was satisfied;
• The contract for which the data was collected or obtained has expired or terminated; or
• Two years after the consumer’s last interaction with the covered business.

Covered businesses will be required to provide reasonably accessible and clear privacy notices, and such notices will need to be updated annually, including disclosures to consumers regarding data collection, processing, and use practices.  

The law also requires covered businesses to develop and implement reasonable data security practices.

If you have questions about Florida’s new Digital Bill of Rights or related issues, please reach out to a member of our Privacy, Data, and Cybersecurity practice group.