Law note · Florida
Florida Digital Bill of Rights, Department of Legal Affairs enforcement
A violation of FDBR is an unfair and deceptive trade practice actionable solely by the Florida Department of Legal Affairs, with a civil penalty of up to $50,000 per violation, tripled for a known-child violation, a failure to delete or correct data after a valid request, or continuing to sell or share data after an opt-out.
After written notice of an alleged violation, the Department may, but is not required to, grant a 45-day cure period and issue a letter of guidance; that cure period does not apply to a known-child violation, and no sunset date for the cure provision appears anywhere in the text reviewed. FDBR creates no private right of action.
What it asks of an app
- Expect FDBR violations to be enforced exclusively by the Florida Department of Legal Affairs as an unfair and deceptive trade practice, never by a private plaintiff.
- Do not assume a cure opportunity as of right. The Department may, but is not required to, grant a 45-day cure period and issue a letter of guidance, and no cure period applies at all to a known-child violation.
- Expect a civil penalty of up to $50,000 per violation, tripled for a known-child violation, a failure to delete or correct data after a valid request, or continuing to sell or share data after an opt-out.
When LexLint raises it
Declared activities: crawls_web, trains_models, deploys_chatbot, automated_outreach
Primary source: official Florida statute text, Florida Statutes, Florida Legislature