EdLaw nat/us/state/fl/soppa-fl/README.md

language: en · status: in-force · last checked: 2026-09-08

Florida — Fla. Stat. §1006.1494 (student online personal information protection)

Florida's SOPIPA-style operator statute (SB 662, 2023): binds the operator of a site, service or application used or marketed primarily for K-12 school purposes — directly, not via the district contract. Prohibitions on targeted advertising, profiling beyond K-12 school purposes, and sharing/selling/renting student information; affirmative duties of data minimisation, reasonable security, and deletion of covered information at the conclusion of the course or within 90 days after a student is no longer enrolled (on district notice) unless a parent or guardian expressly consents to retention.

Found while extracting the FL-NDPA v2 Exhibit G, which mirrors these duties into district contracts — the contract exhibit cites the Act as establishing "new and different terms than those outlined in the National Student Data Privacy Agreement".

Applicability to EdTech

"Covered information" expressly includes biometric information in the identifying-information list, and "operator" turns on actual knowledge of K-12-primary use or design/marketing for K-12 purposes — both squarely cover a school VR platform. The deletion clock (course end / 90 days from un-enrolment) is an operational retention requirement independent of any contract; the FL-NDPA Exhibit G repeats it verbatim.

Contents

Document Covers
STUDENT-ONLINE-PROTECTION.md §1006.1494 in full

Licence

The corpus reproduces Fla. Stat. § 1006.1494 verbatim from Online Sunshine, the Florida Legislature's official statutes site, with each section's History line.

Statute text enacted by a state legislature is outside copyright under the government edicts doctrine. In Georgia v. Public.Resource.Org, Inc., 590 U.S. 255 (2020) (slip opinion, read 2026-10-01), the Supreme Court held: "Under what has been dubbed the government edicts doctrine, officials empowered to speak with the force of law cannot be the authors of—and therefore cannot copyright—the works they create in the course of their official duties." It applied the doctrine to an arm of the legislature as well as to legislators: "Because Georgia’s annotations are authored by an arm of the legislature in the course of its legislative duties, the government edicts doctrine puts them outside the reach of copyright protection."

Online Sunshine pages end with "Copyright © 1995-2026 The Florida Legislature" (for example § 501.1736, read 2026-10-01). That notice can cover the site, but not the statute text, which the Legislature enacts: § 11.2421 (Online Sunshine, read 2026-10-01) provides that the compilation "prepared by the Office of Legislative Services under the provisions of s. 11.242" is "adopted and enacted as the official statute law of the state under the title of “Florida Statutes 2026”". The History lines the corpus keeps are part of that compilation.

The curator should note that the Legislature's copyright line exists; it is not read as reaching the enacted text, and no other terms on the site restrict reproduction.

Conditions: none attach to the statute text. The corpus nonetheless names the official source in its Sources section and in each fact document's {.meta} provenance lines, and its Meta section describes what it changed (anchors added, nothing reworded).

Sources