Yes, web scraping is legal in Florida if it complies with federal and state laws, including the Computer Fraud and Abuse Act (CFAA) and Florida’s Computer Crimes Act. Courts generally permit scraping public data unless it violates terms of service, breaches contracts, or involves unauthorized access. However, Florida’s 2026 data privacy law (FDPL) introduces stricter obligations for businesses handling scraped data, requiring transparency in data collection practices.
Key Regulations for Web Scraping in Florida
- Computer Fraud and Abuse Act (CFAA): Prohibits accessing computers without authorization or exceeding permitted access. Florida courts (e.g., hiQ Labs v. LinkedIn) align with federal interpretations, permitting scraping of publicly available data unless circumventing technical barriers.
- Florida Computer Crimes Act (F.S. § 815.06): Criminalizes unauthorized access to computer systems. Scraping without bypassing authentication (e.g., CAPTCHAs) typically avoids liability, but automated bots triggering rate limits may risk prosecution.
- Florida Data Privacy Law (FDPL, effective 2026): Mandates businesses to disclose data collection methods, including scraped data. Entities must provide opt-out mechanisms and risk fines up to $750,000 for violations, particularly if scraping involves personal information without consent.
Practical Considerations
Avoid scraping data behind login walls or paywalls, as unauthorized access under § 815.06 may trigger civil or criminal penalties. The FDPL’s 2026 enforcement will scrutinize scrapers collecting personal data (e.g., emails, IP addresses) from Florida residents, requiring compliance with disclosure and consumer rights provisions. Always review a website’s robots.txt and terms of service to assess scraping permissions.