Florida Digital Bill of Rights (FDBR)
Florida FDBR: Enforcement, Penalties, Cure Period and Florida AG / Department of Legal Affairs

Florida Digital Bill of Rights (FDBR) FDBR-Enforcement-AG-CurePeriod: Enforcement by Florida Department of Legal Affairs + Penalties + 45-Day Cure (Fla. Stat. 501.72, 501.721, 501.722)

Florida Statutes 501.72-722. ENFORCEMENT AUTHORITY: the FLORIDA DEPARTMENT OF LEGAL AFFAIRS (within the Office of the Attorney General) has exclusive enforcement authority + may investigate + bring civil actions in state court. PENALTIES (501.72): (a) CIVIL PENALTY UP TO USD 50,000 PER VIOLATION; (b) UP TO USD 150,000 PER VIOLATION for INTENTIONAL VIOLATIONS or violations involving CHILDREN; (c) UP TO USD 1.5 MILLION PER YEAR or per ACT of non-compliance for repeated + intentional violations; (d) INJUNCTIVE relief + RESTITUTION to consumers + ATTORNEY FEES. NO PRIVATE RIGHT OF ACTION (501.722): the FDBR does NOT create a private right of action - consumers may not sue under the FDBR but may file complaints with the Department of Legal Affairs; this distinguishes the FDBR from CCPA (limited private right for data breaches) + Illinois BIPA (full private right for biometric). 45-DAY CURE PERIOD (501.721): controllers receive a 45-day cure period upon receipt of notice of alleged violation UNLESS: (a) the violation is INTENTIONAL; (b) the violation involves CHILDREN; (c) the violation involves the FAILURE TO CURE a prior violation; (d) the cure is reasonably impractical. SURVEILLANCE EXEMPTION (501.721 amended 2024): clarifies surveillance vs lawful processing boundaries.

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