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.
2reviewed source records
1express text-message source
0fact-dependent sources
1related or unresolved source
What the sources say
The Florida sources reviewed for this page include 1 source that expressly cover text messaging. 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
How this authority relates to messaging
The reviewed 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
- Current status
- Current
Official agency guidance · Current
Florida Digital Bill of Rights
How this authority relates to messaging
This source is relevant to the broader program, but the reviewed 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
- Current status
- Current
Continue with the most useful next step
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Use program details to identify the authority layers that may apply.
Federal law
The federal statutes and regulations that form the national legal baseline for U.S. A2P text messaging.
FCC rules and orders
FCC actions addressing consent revocation, opt-out handling, robotext blocking, and related operational controls.
Carrier policy
Carrier policies and public guidance concerning approved messaging paths, consent evidence, opt-out handling, filtering, and sender behavior.
Sender registration
10DLC, short-code, toll-free, vetting, and monitoring requirements used to register or verify U.S. A2P senders.
National Do Not Call
The national registry and federal do-not-call framework relevant to covered U.S. telemarketing programs.
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