A Reminder About Florida’s Ban on Offshore Health Data Storage: What Providers and Vendors Should Know

Published
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Why it matters

Core event: In May 2023, Florida enacted Senate Bill 264, amending the Florida Electronic Health Records Exchange Act (codified at Fla. Stat. § 408.051(3)) to ban healthcare providers using certified electronic health record technology (CEHRT) from storing patient information outside the continental United States, its territories, or Canada—including in third-party cloud services or subcontracted facilities.[1][2][4][9]

Involved parties: Key actors include Florida Governor Ron DeSantis, who signed SB 264 into law on May 8, 2023; the Florida Legislature; the Agency for Health Care Administration (AHCA), which enforces compliance via licensure affidavits under Fla. Stat. § 408.810(14); and affected healthcare providers, vendors, and licensees under Chapter 408 of Florida Public Health Law.[1][6][9][10][13]

Context and timeline: The law responded to data sovereignty concerns exceeding federal HIPAA standards, which lack geographic storage restrictions.[1][6] Enacted May 2023, it took effect July 1, 2023, requiring immediate compliance audits, vendor reviews, and contract updates; non-compliance risks AHCA disciplinary action.[1][4][7][13] It aligns with trends in state-level health data protections.[1][8]

Newsworthy now: The March 25, 2026, article by Joseph J. Lazzarotti of Jackson Lewis P.C. serves as a compliance reminder nearly three years post-enactment, urging providers to audit data storage amid rising regulatory focus on foreign access to sensitive health information.[1][2][3]

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