Florida Student Data Privacy

Requires Signed Agreement

Does not require signed agreement

Florida regulates online student data practices

Florida Student Data Privacy Guide

Primary Law
Student Online Personal Information Protection Act

Citation
Florida Statutes § 1002.22

Official Text
https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099/1002/Sections/1002.22.html

Overview

Florida’s Student Online Personal Information Protection Act (Florida SOPIPA) establishes requirements governing how student information may be collected, used, and shared by online services and applications used for K–12 educational purposes. The law is intended to protect student privacy by restricting commercial use of student data while allowing districts discretion in how digital tools are approved and managed.

Florida’s framework combines direct statutory limits on vendor behavior with district-level responsibility for approving and overseeing tools used with students.

Applicability and Scope

Under Florida law, student information generally includes data that is:

Personally identifiable and linked to a specific student
Collected, created, or maintained through the use of an online educational service
Provided by a student, parent, teacher, or school for school-related purposes

The statute applies to:

Florida public school districts and charter schools
Operators of websites, online services, or applications designed and marketed for K–12 school use

If a digital service is intended for classroom use and receives student information from a Florida school, it is subject to the statute’s requirements.

Vendor Obligations Under Florida SOPIPA

Florida SOPIPA places direct restrictions on how covered operators may handle student information.

An operator may not:

Use student information for targeted advertising
Sell student information or use it for commercial purposes unrelated to education
Create student profiles for purposes outside the educational context
Disclose student information except where permitted by law or necessary to support the educational service

These obligations apply by statute and do not depend on whether a district has executed a separate agreement.

Safeguards and Data Handling Expectations

Florida SOPIPA requires operators to use reasonable methods to protect student information.

Expected practices include:

Maintaining administrative, technical, and physical safeguards appropriate to data sensitivity
Restricting access to student information to individuals with a legitimate educational purpose
Protecting student information from unauthorized access, use, or disclosure

Districts are expected to consider these safeguards when evaluating tools for classroom use.

Permitted Uses of Student Information

The law allows operators to use student information only when the use is directly connected to educational delivery, including:

Providing, maintaining, and improving the educational service
Supporting instructional, assessment, or operational functions
Complying with state or federal legal requirements
Conducting internal analysis to improve service performance

Any permitted use must remain within the educational purpose for which the data was provided.

District Oversight in Florida

While Florida SOPIPA regulates operator conduct, districts retain responsibility for approving tools used with students.

In practice, Florida districts often:

Review vendor privacy policies and data use disclosures prior to approval
Confirm that vendor practices align with statutory limits on advertising and resale
Maintain awareness of which tools are in use across schools
Reevaluate approvals if vendor practices or policies change

The statute does not prescribe a single approval workflow or documentation model.

Are Written Vendor Agreements Required in Florida?

Not as a general rule.

Florida SOPIPA does not require districts to execute written data privacy agreements with every vendor. Vendor obligations apply directly under statute.

Districts may choose to use written agreements in certain circumstances, such as for core instructional platforms or services that handle broader categories of student information. The law focuses on defined vendor limitations, rather than mandating a specific contract structure.

Practical Considerations for Florida Districts

To operate effectively under Florida SOPIPA, districts often prioritize:

Identifying which online services collect or access student information
Applying consistent review criteria during tool approval
Retaining records that support approval decisions
Monitoring vendor disclosures for changes that could introduce new risk
Coordinating privacy review across instructional, technology, and administrative teams

How EdPrivacy Can Help Florida Schools

Florida districts must ensure that approved digital tools operate within the boundaries set by state law while continuing to support instructional needs.

The latest version of the EdPrivacy solution helps Florida districts:

Centralize vendor reviews using publicly available privacy and security documentation
Capture approval decisions and supporting evidence in one place
Track which tools are approved and under what conditions
Manage contracts where districts determine they are appropriate
Monitor vendor policy updates that may require reassessment

EdPrivacy also includes AI Risk Reviews and Accessibility Reviews, allowing districts to evaluate emerging technologies and digital tools alongside student data privacy requirements as part of a unified review process.

Summary of District Obligations

Under Florida law, school districts must:

Ensure vendors do not use student information for advertising or unrelated commercial purposes
Limit student information use to authorized educational purposes
Evaluate safeguards used to protect student information
Maintain oversight of tools approved for classroom use

Florida’s approach emphasizes statutory vendor limits combined with local discretion, giving districts flexibility while maintaining clear student data protections.