Florida Accessibility & Privacy Laws

Florida state agencies are required to make their websites accessible under:

• Florida Statutes Section 282.603: Electronic government services must be accessible to persons with disabilities
• Florida Administrative Code: State technology standards include accessibility requirements
• Federal funding requirements: Section 504 applies to all state programs receiving federal funds

Covered Entities:

• All Florida state agencies
• State universities and colleges
• County and municipal governments
• State contractors providing digital services
• K-12 public schools

Private businesses in Florida are subject to:

• ADA Title III: Places of public accommodation must be accessible (though Eleventh Circuit's Winn-Dixie decision limited website-specific claims)
• Federal contractor requirements: Section 503 and Section 508 for federal contractors
• Industry-specific regulations: DOT (airlines), FCC (telecommunications), etc.

Florida Statutes Section 501.171 provides data breach notification requirements:

Key Provisions:

• Breach notification: 30 days to notify affected individuals
• Covered data: Social Security numbers, financial account numbers, medical information
• Applies to: Any entity that acquires, maintains, or stores personal information of Florida residents
• Attorney General notification: Required for breaches affecting 500+ Florida residents

Penalties:

• $1,000/day for first 30 days of violation
• $50,000/each 30-day period thereafter
• Maximum penalty: $500,000 per breach

Florida Senate Bill 262 (effective July 1, 2024) provides comprehensive privacy rights:

Consumer Rights:

• Right to confirm whether data is being processed
• Right to access personal data
• Right to correct inaccurate data
• Right to delete personal data
• Right to data portability
• Right to opt out of targeted advertising
• Right to opt out of sale of personal data

Applicability Thresholds:

• Annual revenues over $1 billion, OR
• 50%+ revenue from targeted advertising and processes 25,000+ consumers' data, OR
• Operates app store/digital marketplace with 250,000+ downloads

Children's Data Protections:

• Special protections for users under 18
• Parental consent requirements for under 13
• Opt-in required for processing sensitive data of minors