Florida Digital Bill of Rights (FDBR), publicly available information exemption and narrow applicability

Section 501.702(19) excludes publicly available information from the FDBR's definition of personal data, and section 501.702(28) defines publicly available information as information lawfully made available through government records, or information that a business has a reasonable basis for believing is lawfully made available to the general public through widely distributed media, by a consumer, or by a person to whom a consumer has disclosed the information, unless the consumer has restricted the information to a specific audience.

That added restriction clause is narrower than Connecticut's or Delaware's equivalent definitions, which carry no comparable restriction-based carve-back.

The FDBR's applicability is far narrower than its peers: section 501.702's controller definition reaches only a for-profit entity conducting business in Florida that collects or determines the purposes and means of processing personal data, makes more than $1 billion in global gross annual revenue, and additionally either derives 50% or more of global gross annual revenue from online advertising sales, operates a consumer smart speaker and voice-command service with an integrated virtual assistant, or operates an app store with 250,000 or more digital applications.

This combination reaches essentially no ordinary scraper's target and no ordinary scraping actor, only a handful of the largest technology platforms; government agencies and non-profits are separately exempt under section 501.703(2). The FDBR was created by Senate Bill 262 of the 2023 Regular Session (ch. 2023-201) and took effect July 1, 2024.