Law note · Florida
Florida Digital Bill of Rights, general applicability and large-platform threshold
FDBR binds only a 'controller': a for-profit entity conducting business in Florida that collects personal data and determines the purposes and means of processing, that also makes in excess of $1 billion in global gross annual revenue and additionally either derives 50 percent or more of its global gross annual revenue from online advertising, operates a consumer smart speaker and voice command service with an integrated virtual assistant, or operates an app store or digital distribution platform offering at least 250,000 applications.
This conjunctive-then-disjunctive threshold excludes essentially every business below $1 billion in global revenue, the overwhelming majority of controllers a peer state's comprehensive act would reach. Outside this narrow platform set, Florida imposes no state-law data-minimization, purpose-limitation, or consumer-rights duty on personal-data processing at all.
What it asks of an app
- Confirm whether you are a controller under Florida's narrow test before relying on FDBR: it binds only a for-profit entity conducting business in Florida that collects personal data, determines the purposes and means of processing, makes more than $1 billion in global gross annual revenue, and either derives 50 percent or more of that revenue from online advertising, operates a qualifying smart speaker service, or operates an app store or digital distribution platform offering at least 250,000 applications.
- Do not treat FDBR as Florida's general consumer-privacy law. Outside the $1 billion-plus platform set it defines, Florida imposes no state-law data-minimization, purpose-limitation, or consumer-rights duty under Part VI at all.
When LexLint raises it
Declared activities: automated_outreach, crawls_web, deploys_chatbot, processes_biometrics, processes_voice, trains_models
Primary source: official Florida statute text, Florida Statutes, Florida Legislature