Is Scraping Public Data Legal in Florida After the 2026 Law Changes?

Yes, scraping public data in Florida is generally permitted but subject to strict limitations under state and federal law. Public records under Florida Statutes §119.01 are accessible, yet automated extraction may violate terms of service or privacy protections. Courts scrutinize scraping for commercial use, particularly under the Computer Fraud and Abuse Act (CFAA) and Florida’s anti-hacking statute (§815.06). The 2026 Florida Data Privacy Act introduces additional compliance obligations for entities handling scraped public data, mandating transparency and consumer opt-out rights.


Key Regulations for Scraping Public Data in Florida

  • Florida Public Records Law (§119.01): Mandates disclosure of government-held records but does not authorize automated scraping if it disrupts public agency operations or violates agency policies. Agencies may impose reasonable access restrictions under §119.07(1)(a).

  • Computer Fraud and Abuse Act (CFAA) & §815.06: Prohibits unauthorized access to computer systems. Scraping that circumvents technical barriers (e.g., CAPTCHAs, rate limits) risks liability, as seen in hiQ Labs v. LinkedIn (2019) and Florida’s 2023 amendments to §815.06.

  • Florida Data Privacy Act (2026): Requires entities scraping public data for commercial purposes to disclose data collection methods, honor opt-out requests, and conduct annual privacy impact assessments. Non-compliance may trigger enforcement by the Florida Department of Legal Affairs.