Florida SMS Marketing and A2P Messaging Rules
A plain-language, source-linked guide to Florida authorities relevant to SMS, MMS, telemarketing, privacy, consent, and do-not-call issues.
What the sources say
The Florida source records on this page include 1 source with express text-message coverage. Other sources may apply only to particular activities or provide related context. Federal law, carrier policy, and sender-registration requirements may still apply alongside state law.
Authorities and official sources
Each entry explains what the source says, where its limits are, and what it does not establish.
State law · Current
Fla. Stat. § 501.059
Not yet reviewed · No current substantive review date recorded
Existing claims, limitations, assessment and historical verification labels are preserved; their presence is not evidence of a current review.
How this authority relates to messaging
The recorded source expressly includes text messaging within a broader legal or regulatory framework.
What the source establishes
- “Telephonic sales call” means a “telephone call, text message, or voicemail transmission”; “prior express written consent” must authorize calls “by telephone call, text message, or voicemail transmission.”
Limits and important context
- Broad mini-TCPA for consumer telemarketing and lead-generation outreach; internal DNC; state DNC; automated solicitation; caller-ID integrity.
- Prior express written consent for unsolicited automated texts; state DNC screening; internal STOP-style do-not-contact; caller-ID transmission; contracts following telephonic sales calls; 8 a.m.–9 p.m. rule.
- Express request, existing debt/contract, prior/existing business relationship, newspaper carve-out, and other statutory transaction exemptions.
- Private right of action and state enforcement.
- Department and Legal Affairs enforcement; private action for injunction and actual damages or $500, trebled for willful/knowing conduct; for text actions the called party must reply STOP and allow a 15-day cure/confirmation window.
Consent standard stated in the source
- prior express written consent
Exceptions or special treatment
- Express request: Express request, existing debt/contract, prior/existing business relationship, newspaper carve-out, and other statutory transaction exemptions.
- Existing debt: Express request, existing debt/contract, prior/existing business relationship, newspaper carve-out, and other statutory transaction exemptions.
- Existing contract: Express request, existing debt/contract, prior/existing business relationship, newspaper carve-out, and other statutory transaction exemptions.
- Prior or existing business relationship: Express request, existing debt/contract, prior/existing business relationship, newspaper carve-out, and other statutory transaction exemptions.
- Newspaper carve-out: Express request, existing debt/contract, prior/existing business relationship, newspaper carve-out, and other statutory transaction exemptions.
- Other statutory transaction exemption: Express request, existing debt/contract, prior/existing business relationship, newspaper carve-out, and other statutory transaction exemptions.
Official and supporting sources
Source and review details
- Jurisdiction
- Florida
- Source type
- State law
- Recorded operative status
- Current
Official agency guidance · Current
Florida Digital Bill of Rights
Not yet reviewed · No current substantive review date recorded
Existing claims, limitations, assessment and historical verification labels are preserved; their presence is not evidence of a current review.
How this authority relates to messaging
This source is relevant to the broader program, but the recorded text does not expressly establish general SMS or MMS coverage.
What the source establishes
- Consumer rights include access, correction, deletion, portability, opt-out of targeted advertising/sale/profiling, opt-out of sensitive-data processing, and opt-out of voice/facial-recognition collection; controller duties include minimization, security, compatible-use limits, and processor contracts.
Limits and important context
- Applies only to a narrow class of very large controllers: for-profit entities doing business in Florida, determining purposes/means of processing, exceeding $1 billion in global annual revenue, and meeting at least one additional online-ad, smart-speaker, or app-store criterion. Material for very large platform-scale programs, especially where messaging data is merged with online advertising, voice-assistant, geolocation, or facial/voice recognition features. Narrower applicability than most state privacy laws, but the law is notable for its voice/facial-recognition and smart-speaker hooks. Effective July 1, 2024. Strongest surfaced official source is the Florida statutory text.
Facts that may change the result
- Does the organization meet the Florida Digital Bill of Rights narrow controller thresholds?
Official and supporting sources
Source and review details
- Jurisdiction
- Florida
- Source type
- Official agency guidance
- Recorded operative status
- Current
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