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Florida AG Uthmeier and Roku Reach Resolution on Digital Privacy Enforcement

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11

Why it matters

Florida Attorney General James Uthmeier has reached a negotiated settlement with Roku, Inc. over violations of the state's Digital Bill of Rights. The agreement requires Roku to strengthen child protection features and expand parental controls, effectively resolving Florida's enforcement action without court judgment. The settlement marks the first publicized enforcement resolution under the FDBR involving a major digital platform.

The Digital Bill of Rights, signed by Governor Ron DeSantis in June 2023 and effective July 1, 2024, applies to for-profit entities generating over $1 billion in annual global revenue that operate digital platforms with at least 250,000 applications. Roku qualifies as a covered "controller" under the statute. The law prohibits collecting or retaining personal information beyond what is necessary for a requested service unless the platform demonstrates a compelling reason that poses no substantial risk to children. The Department of Legal Affairs holds exclusive enforcement authority and can impose civil penalties up to $50,000 per violation, with damages potentially trebled for violations involving child protections.

Attorneys should monitor this settlement as a signal of Florida's active enforcement posture on digital privacy. The FDBR's opt-out rights for children and restrictions on geolocation data collection now carry real compliance costs. Other large platforms operating in Florida should expect similar scrutiny and should audit their data practices, privacy notices, and parental control mechanisms against the statute's requirements. The settlement suggests the state prefers negotiated compliance over maximum penalties, but companies that delay remediation risk escalating enforcement action.

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