StatesToolsCompareFederal

Home / States / Florida

Florida

FL

Telecom Compliance Reference — Updated July 2021

Mini-TCPA State — High Risk

Calling Hours

8:00 AM9:00 PM

Min Penalty

$500

Registration

Required

Florida SMS Compliance Compliance

Text message marketing compliance rules in Florida

Mini-TCPA State — Fla. Stat. § 501.059

Florida has enacted a state-level TCPA that goes beyond federal requirements. Federal compliance alone is not enough for SMS Compliance operations here.

Consent Requirements

Consent LevelWritten Consent Required

One-to-One Consent Required

Shared consent from lead generators is NOT valid. Consent must specifically name your company.

ATDS DefinitionBroader than federal
Checkbox ConsentValid
StatuteFla. Stat. § 501.059

FTSA explicitly and specifically covers text messages sent using automated systems. This places Florida among the strictest states for SMS marketing. Even platforms marketed as "P2P" may trigger FTSA if they automate the delivery sequence. The FCC one-to-one consent rule (effective Jan 2025) compounds the risk — purchased lead lists where consent was obtained for a different company are now largely unusable in Florida. Build a first-party, consent-verified contact list or face class action exposure.

Calling Rules

Calling Hours8:00 AM9:00 PM
RegistrationRequired
Penalty / Violation$500
Willful Violation$1,500
Private Right of ActionYES

SMS Compliance Compliance Checklist

01Obtain express written consent before sending marketing texts
02Use compliant opt-in language identifying your company
03Honor STOP/OPT-OUT/UNSUBSCRIBE replies immediately
04Send opt-out confirmation within one text
05Disclose message frequency at opt-in
06Include "Msg & Data rates may apply" disclosure
07Do not send texts during prohibited hours
08Scrub against DNC lists before campaigns
09Check if state requires one-to-one consent
10Register 10DLC campaigns before sending
This checklist covers common requirements. State-specific rules may vary. Confirm with legal counsel for high-volume campaigns.

Stay Current

Weekly digest: what changed this week

New enforcement actions, statute updates, and rule changes in Florida — delivered once a week.

No spam. Unsubscribe anytime. Powered by Brevo.

Need help getting compliant?

Catalyst Partners builds SMS Compliance compliance infrastructure for operators in Florida — consent flows, DNC scrubbing, and documentation that holds up in court.

Book a Compliance Call →

This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →