Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 1734 Ì482404~Î482404 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/23/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Commerce and Tourism (Bradley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 501.172, Florida Statutes, is created to 6 read: 7 501.172 Short title.—This act may be cited as the “Florida 8 Privacy Protection Act.” 9 Section 2. Section 501.173, Florida Statutes, is created to 10 read: 11 501.173 Purpose.—This act shall be construed liberally in 12 recognition that privacy is an important right, and consumers in 13 this state should have the ability to share their personal 14 information as they wish, in a way that is safe and that they 15 understand and control. 16 Section 3. Section 501.174, Florida Statutes, is created to 17 read: 18 501.174 Definitions.—As used in ss. 501.172-501.177, unless 19 the context otherwise requires, the term: 20 (1) “Advertising and marketing” means a communication by a 21 business or a person acting on behalf of the business through 22 any medium intended to induce a consumer to obtain goods, 23 services, or employment. 24 (2) “Aggregate consumer information” means information that 25 relates to a group or category of consumers, from which 26 individual consumer identities have been removed, which is not 27 linked or reasonably linkable to any consumer or household, 28 including through a device. The term does not include one or 29 more individual consumer records that have been de-identified. 30 (3) “Biometric information” means an individual’s 31 physiological, biological, or behavioral characteristics, 32 including an individual’s deoxyribonucleic acid (DNA), which can 33 be used, singly or in combination with each other or with other 34 identifying data, to establish individual identity. The term 35 includes, but is not limited to, imagery of the iris, retina, 36 fingerprint, face, hand, or palm; vein patterns; voice 37 recordings from which an identifier template, such as a 38 faceprint, a minutiae template, or a voice print, can be 39 extracted; keystroke patterns or rhythms; gait patterns or 40 rhythms; and sleep, health, or exercise data that contain 41 identifying information. 42 (4) “Business” means: 43 (a) A sole proprietorship, a partnership, a limited 44 liability company, a corporation, or an association or any other 45 legal entity that meets the following requirements: 46 1. Is organized or operated for the profit or financial 47 benefit of its shareholders or owners; 48 2. Does business in this state; 49 3. Collects personal information about consumers, or is the 50 entity on behalf of which such information is collected; 51 4. Determines the purposes and means of processing personal 52 information about consumers, alone or jointly with others; and 53 5. Satisfies at least one of the following thresholds: 54 a. Has global annual gross revenues in excess of $25 55 million, as adjusted in January of every odd-numbered year to 56 reflect any increase in the Consumer Price Index. 57 b. Annually buys, sells, or shares the personal information 58 of 50,000 or more consumers, households, or devices. 59 c. Derives 50 percent or more of its global annual revenues 60 from selling or sharing personal information about consumers. 61 (b) An entity that controls or is controlled by a business 62 and that shares common branding with the business. As used in 63 this paragraph, the term: 64 1. “Common branding” means a shared name, service mark, or 65 trademark that the average consumer would understand to mean 66 that two or more entities are commonly owned. 67 2. “Control” means: 68 a. Ownership of, or the power to vote, more than 50 percent 69 of the outstanding shares of any class of voting security of a 70 business; 71 b. Control in any manner over the election of a majority of 72 the directors, or of individuals exercising similar functions; 73 or 74 c. The power to exercise a controlling influence over the 75 management of a company. 76 (c) A joint venture or partnership composed of businesses 77 in which each business has at least a 40 percent interest. For 78 the purposes of this act, the joint venture or partnership, and 79 each business that comprises the joint venture or partnership, 80 must be considered a separate, single business, except that 81 personal information in the possession of each business and 82 disclosed to the joint venture or partnership may not be shared 83 with the other business. A joint venture does not include a 84 third party that operates, hosts, or manages a website or an 85 online service on behalf of a business or processes information 86 on behalf of a business. 87 (5) “Business purpose” means the use of personal 88 information for the business’ operational or other notice-given 89 purposes or for the service provider’s operational purposes, 90 provided that the use of the personal information is reasonably 91 necessary to achieve, and proportionate to the benefit of 92 achieving, the purpose for which the personal information was 93 collected or processed or for another purpose that is compatible 94 with the context in which the personal information was 95 collected. The term includes all of the following: 96 (a) Auditing related to counting ad impressions of unique 97 visitors and verifying positioning and the quality of ad 98 impressions, and auditing compliance with this specification and 99 other standards. 100 (b) Helping to ensure security and integrity to the extent 101 that the use of the consumer’s personal information is 102 reasonably necessary for these purposes and proportionate to the 103 benefit of its use for these purposes. 104 (c) Debugging to identify and repair errors that impair 105 existing intended functionality. 106 (d) Short-term, transient use, including, but not limited 107 to, nonpersonalized advertising shown as part of a consumer’s 108 current interaction with the business, provided that the 109 consumer’s personal information is not disclosed to a third 110 party and is not used to build a profile of the consumer or to 111 otherwise alter the consumer’s experience outside his or her 112 current interaction with the business. 113 (e) Performing services on behalf of the business, 114 including maintaining or servicing accounts, providing customer 115 service, processing or fulfilling orders and transactions, 116 verifying customer information, processing payments, or 117 providing financing, analytic services, storage, or similar 118 services on behalf of the business. 119 (f) Providing advertising and marketing services, not 120 including targeted advertising, to the consumer provided that, 121 for the purpose of advertising and marketing, a service provider 122 may not combine the personal information of consumers who opt 123 out which the service provider receives from, or on behalf of, 124 the business with personal information that the service provider 125 receives from, or on behalf of, another person or persons or 126 collects from its own interaction with consumers. 127 (g) Undertaking internal research for technological 128 development and demonstration. 129 (h) Undertaking activities to verify or maintain the 130 quality or safety of a service or device that is owned, 131 manufactured, manufactured for, or controlled by the business, 132 and to improve, upgrade, or enhance the service or device that 133 is owned, manufactured, manufactured for, or controlled by the 134 business. 135 (6) “Categories” or “category” means the items of personal 136 identifying information specified as being included as personal 137 information under subsection (18). 138 (7) “Collects,” “collected,” or “collection” means buying, 139 renting, gathering, obtaining, receiving, or accessing by any 140 means any personal information pertaining to a consumer. The 141 term includes receiving information from the consumer, either 142 actively or passively, or by observing the consumer’s behavior. 143 (8) “Commercial purposes” means to advance a person’s 144 commercial or economic interests, such as by inducing another 145 person to buy, rent, lease, join, subscribe to, provide, or 146 exchange products, goods, property, information, or services or 147 enabling or effecting, directly or indirectly, a commercial 148 transaction. The term does not include engaging in speech that 149 state or federal courts have recognized as noncommercial speech, 150 including political speech and journalism. 151 (9) “Consumer” means a natural person, however identified, 152 including identification by a unique identifier, who is in this 153 state for other than a temporary or transitory purpose. The term 154 does not include any other natural person who is a nonresident. 155 (10) “De-identified” means information: 156 (a) That cannot reasonably identify, relate to, describe, 157 be associated with, or be linked directly or indirectly to a 158 particular consumer or device; 159 (b) Containing data that the business has taken reasonable 160 measures to ensure could not be reidentified; 161 (c) Containing data that the business publicly commits to 162 maintain and use in a de-identified fashion and that it does not 163 attempt to reidentify; and 164 (d) Containing data that the business contractually 165 prohibits downstream recipients from attempting to reidentify. 166 (11) “Designated request address” means an electronic mail 167 address, a toll-free telephone number, or a website established 168 by a business through which a consumer may submit a verified 169 request to the business. 170 (12)“Device” means a physical object capable of directly or 171 indirectly connecting to the Internet. 172 (13) “Home page” means the introductory page of an Internet 173 website and any Internet web page where personal information is 174 collected. In the case of an online service, such as a mobile 175 application, the term means the application’s platform page or 176 download page; a link within the application, such as from the 177 application configuration, “about,” “information,” or settings 178 page; and any other location that allows consumers to review the 179 notices required by this act, at any time, including, but not 180 limited to, before downloading the application. 181 (14) “Household” means a person or group of persons living 182 together or sharing living quarters who are or are not related. 183 (15) “Intentional interaction” or “intentionally 184 interacting” means the consumer intends to interact with or 185 disclose personal information to a person through one or more 186 deliberate interactions, including visiting the person’s website 187 or purchasing a good or service from the person. The term does 188 not include hovering over, muting, pausing, or closing a given 189 piece of content. 190 (16) “Nonpersonalized advertising” means advertising and 191 marketing that is based solely on a consumer’s personal 192 information derived from the consumer’s current interaction with 193 the business, with the exception of the consumer’s precise 194 geolocation. 195 (17) “Person” means an individual, a proprietorship, a 196 firm, a partnership, a joint venture, a syndicate, a business 197 trust, a company, a corporation, a limited liability company, an 198 association, a committee, and any other organization or group of 199 persons acting in concert. 200 (18) “Personal information” means information that 201 identifies, relates to, describes, is reasonably capable of 202 being associated with, or could reasonably be linked, directly 203 or indirectly, with a particular consumer or household. 204 (a) The term includes, but is not limited to, all of the 205 following items of personal identifying information about a 206 consumer collected and maintained by a person or business: 207 1. A first and last name. 208 2. A home or other physical address that includes the name 209 of a street and the name of a city or town. 210 3. An electronic mail address. 211 4. A telephone number. 212 5. A social security number. 213 6. An identifier such as an alias, a unique personal 214 identifier, an online identifier, an Internet protocol address, 215 an account name, a driver license number, a passport number, or 216 other similar identifiers. 217 7. Biometric information, such as DNA or fingerprints or 218 any other biometric information collected by a business about a 219 consumer without the consumer’s knowledge. 220 8. Internet or other electronic network activity 221 information, including, but not limited to, browsing history, 222 search history, and information regarding a consumer’s 223 interaction with a website, an application, or an advertisement. 224 9. Audio, electronic, visual, thermal, olfactory, 225 geolocation, or similar information. 226 10. Professional or employment-related information. 227 11. Education information, defined as only information that 228 is not publicly available. 229 12. Inferences drawn from any information specified in this 230 paragraph which can create a profile about a consumer reflecting 231 the consumer’s preferences, characteristics, psychological 232 trends, predispositions, behavior, attitudes, intelligence, 233 abilities, and aptitudes. 234 13. Any other information that may serve as a probabilistic 235 identifier concerning a consumer which is collected from the 236 consumer through a website, an online service, or some other 237 means by the business and maintained by the business in 238 combination with an identifier in a form that, when used 239 together with the information, identifies the consumer. 240 14. Characteristics of protected classifications under 241 state or federal law. 242 15. Commercial information, including records of personal 243 property; products or services purchased, obtained, or 244 considered; or other purchasing or consuming histories or 245 tendencies. 246 16. Geolocation data. 247 (b) The term does not include: 248 1. Information about a consumer obtained from public 249 records, including information that is lawfully made available 250 from federal, state, or local governmental records; information 251 that a business has a reasonable basis to believe is lawfully 252 made available to the general public by the consumer or from 253 widely distributed media; or lawfully obtained, truthful 254 information that is a matter of public concern. 255 2. Consumer information that is de-identified or aggregate 256 consumer information that relates to a group or category of 257 consumers from which individual consumer identities have been 258 removed. 259 (19) “Probabilistic identifier” means the identification of 260 a consumer or a device to a degree of certainty more probable 261 than not, based on any categories of personal information 262 included in or similar to the items of personal identifying 263 information specified in subsection (18). 264 (20) “Processing” means any operation or set of operations 265 performed on personal information or on sets of personal 266 information, whether or not by automated means. 267 (21) “Profiling” means any form of automated processing 268 performed on personal data to evaluate, analyze, or predict 269 personal aspects related to an identified or identifiable 270 natural person’s economic situation, health, personal 271 preferences, interests, reliability, behavior, location, or 272 movements. 273 (22)(a) “Sale” or “sell” means the sale, rental, release, 274 disclosure, dissemination, making available, loaning, sharing, 275 transferring, or other communication, orally, in writing, or by 276 electronic or other means, of a consumer’s personal information 277 by a business to a third party for monetary or other tangible or 278 intangible consideration or for any commercial purpose. 279 (b) The term does not include any of the following: 280 1. The disclosure, for a business purpose, of personal 281 information by a business to a service provider who processes 282 the personal information on behalf of the business. 283 2. The disclosure, for the purposes of providing a product 284 or service requested by the consumer, of personal information by 285 a business to another business resulting from the consumer’s 286 intentional interaction. 287 (23) “Security and integrity” means the ability of a: 288 (a) Network or information system to detect security 289 incidents that compromise the availability, authenticity, 290 integrity, and confidentiality of stored or transmitted personal 291 information. 292 (b) Business to detect security incidents; to resist 293 malicious, deceptive, fraudulent, or illegal actions; and to 294 help prosecute those responsible for such actions. 295 (c) Business to ensure the physical safety of natural 296 persons. 297 (24) “Service provider” means a person who processes 298 personal information on behalf of a business to whom the 299 business discloses a consumer’s personal information for a 300 business purpose pursuant to a written or electronic contract if 301 the contract prohibits the person from: 302 (a) Selling the information; 303 (b) Retaining, using, or disclosing the personal 304 information for any purpose other than the business purposes 305 specified in the contract, including a prohibition on retaining, 306 using, or disclosing the personal information for a commercial 307 purpose other than the business purposes specified in the 308 contract with the business; 309 (c) Combining the personal information that the service 310 provider receives from or on behalf of the business with 311 personal information that the service provider receives from or 312 on behalf of another person or persons or collects from its own 313 interaction with consumers, provided that the service provider 314 may combine personal information to perform a business purpose; 315 and 316 (d) Retaining, using, or disclosing the information outside 317 of the direct business relationship between the service provider 318 and the business. 319 (25) “Targeted advertising” means displaying an 320 advertisement to a consumer when the advertisement is selected 321 based on personal data obtained from a consumer’s activities 322 over time and across businesses, websites, or online 323 applications other than the business, website, or online 324 application with which the consumer is intentionally 325 interacting, to predict such consumer’s preferences or 326 interests. The term does not include nonpersonalized 327 advertising. 328 (26) “Third party” means a person who is not any of the 329 following: 330 (a) The business with which the consumer intentionally 331 interacts which collects personal information from the consumer 332 as part of the consumer’s current interaction with the business. 333 (b) A service provider to the business. 334 (27) “Unique identifier” or “unique personal identifier” 335 means a persistent identifier that can be used to recognize a 336 consumer, a family, or a device linked to a consumer or family 337 over time and across different services, including, but not 338 limited to, a device identifier; an Internet protocol address; 339 cookies, beacons, pixel tags, mobile ad identifiers, or similar 340 technology; a customer number, unique pseudonym, or user alias; 341 telephone numbers; or other forms of persistent or probabilistic 342 identifiers that can be used to identify a particular consumer 343 or device that is linked to a consumer or family. For purposes 344 of this subsection, the term “family” means a custodial parent 345 or guardian and any minor children of which the parent or 346 guardian has custody. 347 (28) “Verified request” means a request submitted by a 348 consumer, by a consumer on behalf of the consumer’s minor child, 349 or by a natural person or a person registered with the Secretary 350 of State, who is authorized by the consumer to act on the 351 consumer’s behalf, to a business for which the business can 352 reasonably verify the authenticity of the request. 353 Section 4. Section 501.1745, Florida Statutes, is created 354 to read: 355 501.1745 General duties of businesses that collect personal 356 information.— 357 (1) A business that controls the collection of a consumer’s 358 personal information that will be used for any purpose other 359 than a business purpose, at or before the point of collection, 360 shall inform consumers of all of the following: 361 (a) The purposes for which each category of personal 362 information is collected or used and whether that information is 363 sold. A business may not collect additional categories of 364 personal information, or use collected personal information for 365 additional purposes that are incompatible with the disclosed 366 purpose for which the personal information was collected, 367 without providing the consumer with notice consistent with this 368 section. 369 (b) The length of time the business intends to retain each 370 category of personal information or, if that is not possible, 371 the criteria used to determine such period, provided that a 372 business may not retain a consumer’s personal information for 373 each disclosed purpose for which the personal information was 374 collected for longer than is reasonably necessary for that 375 disclosed purpose. 376 (2) A business’ collection, use, retention, and sharing of 377 a consumer’s personal information must be reasonably necessary 378 to achieve, and proportionate to the benefit of achieving, the 379 purposes for which the personal information was collected or 380 processed, and such information may not be further processed in 381 a manner that is incompatible with those purposes. 382 (3) A business that collects a consumer’s personal 383 information shall implement reasonable security procedures and 384 practices appropriate to the nature of the personal information 385 to protect the personal information from unauthorized or illegal 386 access, destruction, use, modification, or disclosure. 387 (4) A business that collects a consumer’s personal 388 information and sells that personal information to a third party 389 or discloses it to a service provider for a business purpose 390 shall enter into an agreement with such third party or service 391 provider which obligates the third party or service provider to 392 comply with applicable obligations under this act and obligates 393 those persons to provide the same level of privacy protection as 394 is required by this act. If a service provider engages any other 395 person to assist it in processing personal information for a 396 business purpose on behalf of the business, or if any other 397 person engaged by the service provider engages another person to 398 assist in processing personal information for that business 399 purpose, the provider or person must notify the business of that 400 engagement, and the engagement must be pursuant to a written 401 contract that includes the prohibitions described in s. 402 501.174(23) and a certification made by the person receiving the 403 personal information that he or she understands the restrictions 404 under this act and will comply with them. 405 Section 5. Section 501.175, Florida Statutes, is created to 406 read: 407 501.175 Use of personal information; third parties; other 408 rights.— 409 (1)(a) A consumer has the right, at any time, to direct a 410 business that sells personal information about the consumer not 411 to sell the consumer’s personal information. This right may be 412 referred to as the right to opt out of the sale. 413 (b) As part of the right to opt out of the sale of his or 414 her personal information, a consumer has the right, at any time, 415 to opt out of the processing of the consumer’s personal data for 416 purposes of targeted advertising or profiling. However, this 417 paragraph may not be construed to prohibit the business that 418 collected the consumer’s personal information from: 419 1. Offering a different price, rate, level, quality, or 420 selection of goods or services to a consumer, including offering 421 goods or services for no fee, if the consumer has opted out of 422 targeted advertising or the sale of his or her personal 423 information; or 424 2. Offering a loyalty, reward, premium feature, discount, 425 or club card program. 426 (c) A business that charges or offers a different price, 427 rate, level, quality, or selection of goods or services to a 428 consumer who has opted out of targeted advertising or the sale 429 of his or her personal information, or that offers goods or 430 services for no fee, shall ensure that such charge or offer is: 431 1. Reasonably related to the value provided to the business 432 by the consumer’s data; and 433 2. Not unjust, unreasonable, coercive, or usurious. 434 (2) A business that sells consumers’ personal information 435 shall provide notice to consumers that the information may be 436 sold and that consumers have the right to opt out of the sale of 437 their personal information. 438 (3) A business that sells consumer information and that has 439 received direction from a consumer not to sell the consumer’s 440 personal information or, in the case of a minor consumer’s 441 personal information, has not received consent to sell the minor 442 consumer’s personal information, is prohibited from selling the 443 consumer’s personal information after the business receives the 444 consumer’s direction, unless the consumer subsequently provides 445 express authorization for the sale of the consumer’s personal 446 information. A business that is able to authenticate the 447 consumer, for example, by the consumer logging in, or that uses 448 some other unique identifier for the consumer, must comply with 449 any privacy preferences the consumer previously directed. The 450 business may not require the consumer to declare privacy 451 preferences every time the consumer visits the business’ website 452 or uses the business’ online services. 453 (4)(a) Notwithstanding subsection (1), a business may not 454 sell the personal information of consumers if the business has 455 actual knowledge that the consumer is younger than 16 years of 456 age, unless: 457 1. The consumer, in the case of consumers between 13 and 16 458 years of age, has affirmatively authorized the sale of the 459 consumer’s personal information; or 460 2. The consumer’s parent or guardian, in the case of 461 consumers who are younger than 13 years of age, has 462 affirmatively authorized the sale of the consumer’s personal 463 information. 464 (b) This right may be referred to as the right to opt in. 465 (c) A business that willfully disregards the consumer’s age 466 is deemed to have actual knowledge of the consumer’s age. 467 (5) A business that is required to comply with this section 468 shall, in a form that is reasonably accessible to consumers, do 469 all of the following: 470 (a) Provide a clear and conspicuous link on the business’ 471 Internet home page, titled “Do Not Sell My Personal 472 Information,” to a web page that enables a consumer or a person 473 authorized by the consumer to opt out of the sale of the 474 consumer’s personal information. A business may not require a 475 consumer to create an account in order to direct the business 476 not to sell the consumer’s information. 477 (b) Ensure that all individuals responsible for handling 478 consumer inquiries about the business’ privacy practices or the 479 business’ compliance with this section are informed of all 480 requirements of this section and how to direct consumers to 481 exercise their rights. 482 (c) For consumers who exercise their right to opt out of 483 the sale of their personal information, refrain from selling 484 personal information the business collected about the consumer 485 as soon as reasonably possible but no longer than 2 business 486 days after receiving the request to opt out. 487 (d) For consumers who have opted out of the sale of their 488 personal information, respect the consumer’s decision to opt out 489 for at least 12 months before requesting that the consumer 490 authorize the sale of the consumer’s personal information. 491 (e) Use any personal information collected from the 492 consumer in connection with the submission of the consumer’s 493 opt-out request solely for the purposes of complying with the 494 opt-out request. 495 (f) Ensure that consumers have the right to submit a 496 verified request for certain information from a business, 497 including the sources from which the consumer’s personal 498 information was collected, the specific items of personal 499 information it has collected about the consumer, and any third 500 parties to whom the personal information was sold. 501 (6) Consumers have the right to submit a verified request 502 for the deletion of their personal information that the business 503 has collected. 504 (7) A business, or a service provider acting pursuant to 505 its contract with the business or another service provider, is 506 not required to comply with a consumer’s verified request to 507 delete the consumer’s personal information if it is necessary 508 for the business or service provider to maintain the consumer’s 509 personal information in order to do any of the following: 510 (a) Complete the transaction for which the personal 511 information was collected, fulfill the terms of a written 512 warranty or product recall conducted in accordance with federal 513 law, provide a good or service requested by the consumer, or 514 otherwise perform a contract between the business and the 515 consumer. 516 (b) Help to ensure security and integrity to the extent 517 that the use of the consumer’s personal information is 518 reasonably necessary and proportionate for those purposes. 519 (c) Debug to identify and repair errors that impair 520 existing intended functionality. 521 (d) Exercise free speech, ensure the right of another 522 consumer to exercise that consumer’s right of free speech, or 523 exercise another right provided for by law. 524 (e) Engage in public or peer-reviewed scientific, 525 historical, or statistical research that conforms or adheres to 526 all other applicable ethics and privacy laws, when the business’ 527 deletion of the information is likely to render impossible or 528 seriously impair the ability to complete such research, if the 529 consumer has provided informed consent. 530 (f) Comply with a legal obligation. 531 (8) Consumers have the right to submit a verified request 532 for correction of their personal information held by a business 533 if that information is inaccurate. 534 (9) This section may not be construed to require a business 535 to comply by including the required links and text on the home 536 page that the business makes available to the public generally, 537 if: 538 (a) The business maintains a separate and additional home 539 page that is dedicated to consumers in this state and includes 540 the required links and text; and 541 (b) The business takes reasonable steps to ensure that 542 consumers in this state are directed to the home page for 543 consumers in this state and not the home page made available to 544 the public generally. 545 (10) A consumer may authorize another person to opt out of 546 the sale of the consumer’s personal information. A business 547 shall comply with an opt-out request received from a person 548 authorized by the consumer to act on the consumer’s behalf, 549 including a request received through a user-enabled global 550 privacy control, such as a browser plug-in or privacy setting, 551 device setting, or other mechanism, which communicates or 552 signals the consumer’s choice to opt out, and may not require a 553 consumer to make a verified request to opt out of the sale of 554 his or her information. 555 (11) Each business shall establish a designated request 556 address through which a consumer may submit a request to 557 exercise his or her rights under this act. 558 (12)(a) A business that receives a verified request: 559 1. For a consumer’s personal information, shall disclose to 560 the consumer any personal information about the consumer which 561 it has collected since July 1, 2022, directly or indirectly, 562 including through or by a service provider. 563 2. To correct a consumer’s inaccurate personal information, 564 shall correct the inaccurate personal information. 565 3. To delete a consumer’s personal information, shall 566 delete such personal information. 567 (b) A service provider is not required to personally comply 568 with a verified request received directly from a consumer or a 569 consumer’s authorized agent to the extent that the service 570 provider has collected personal information about the consumer 571 in its role as a service provider. A service provider shall 572 provide assistance to a business with which it has a contractual 573 relationship with respect to the business’ response to a 574 verifiable consumer request, including, but not limited to, by 575 providing to the business the consumer’s personal information in 576 the service provider’s possession which the service provider 577 obtained as a result of providing services to the business. 578 (c) At the direction of the business, a service provider 579 shall correct inaccurate personal information, or delete 580 personal information, or enable the business to do the same, and 581 shall notify any service providers who may have accessed such 582 personal information from or through the service provider, to 583 correct or delete the consumer’s personal information, as 584 applicable. 585 (d) A business shall comply with a verified request 586 submitted by a consumer to access, correct, or delete personal 587 information within 30 days after the date the request is 588 submitted. A business may extend such period by up to 30 days if 589 the business, in good faith, determines that such an extension 590 is reasonably necessary. A business that extends the period 591 shall notify the consumer of the necessity of an extension. 592 (13) A business shall comply with a consumer’s previous 593 expressed decision to opt out of the sale of his or her personal 594 information without requiring the consumer to take any 595 additional action if: 596 (a) The business is able to identify the consumer through a 597 login protocol or any other process the business uses to 598 identify consumers and the consumer has previously exercised his 599 or her right to opt out of the sale of his or her personal 600 information; or 601 (b) The business is aware of the consumer’s desire to opt 602 out of the sale of his or her personal information through the 603 use of a user-enabled global privacy control, such as a browser, 604 browser instruction, plug-in or privacy setting, device setting, 605 application, service, or other mechanism, which communicates or 606 signals the consumer’s choice to opt out. 607 (14) A business shall make available, in a manner 608 reasonably accessible to consumers whose personal information 609 the business collects through its website or online service, a 610 notice that does all of the following: 611 (a) Identifies the categories of personal information that 612 the business collects through its website or online service 613 about consumers who use or visit the website or online service 614 and the categories of third parties with whom the business may 615 share such personal information. 616 (b) Provides a description of the process, if applicable, 617 for a consumer who uses or visits the website or online service 618 to review and request changes to any of his or her personal 619 information that is collected through the website or online 620 service. 621 (c) Describes the process by which the business notifies 622 consumers who use or visit the website or online service of 623 material changes to the notice. 624 (d) Discloses whether a third party may collect personal 625 information about a consumer’s online activities over time and 626 across different websites or online services when the consumer 627 uses the business’ website or online service. 628 (e) States the effective date of the notice. 629 Section 6. Section 501.176, Florida Statutes, is created to 630 read: 631 501.176 Exclusions.— 632 (1) The obligations imposed on a business by this act do 633 not restrict a business’ ability to do any of the following: 634 (a) Comply with federal, state, or local laws. 635 (b) Comply with a civil, criminal, or regulatory inquiry or 636 an investigation, a subpoena, or a summons by federal, state, or 637 local authorities. 638 (c) Cooperate with law enforcement agencies concerning 639 conduct or activity that the business, service provider, or 640 third party reasonably and in good faith believes may violate 641 federal, state, or local law. 642 (d) Exercise or defend legal claims. 643 (e) Collect, use, retain, sell, or disclose consumer 644 information that is de-identified or in the aggregate consumer 645 information that relates to a group or category of consumers 646 from which individual consumer identities have been removed. 647 (f) Collect or sell a consumer’s personal information if 648 every aspect of that commercial conduct takes place wholly 649 outside of this state. For purposes of this act, commercial 650 conduct takes place wholly outside of this state if the business 651 collected that information while the consumer was outside of 652 this state, no part of the sale of the consumer’s personal 653 information occurred in this state, and no personal information 654 collected while the consumer was in this state is sold. This 655 paragraph does not permit a business to store, including on a 656 device, personal information about a consumer when the consumer 657 is in this state and then to collect that personal information 658 when the consumer and stored personal information are outside of 659 this state. 660 (2) This act does not apply to any of the following: 661 (a) A business that collects or discloses the personal 662 information of the business’ employees, applicants, interns, or 663 volunteers so long as the business is collecting or disclosing 664 such information within the scope of its role as an employer. 665 (b) Health information that is collected by a covered 666 entity or business associate governed by the privacy, security, 667 and breach notification rules issued by the United States 668 Department of Health and Human Services in 45 C.F.R. parts 160 669 and 164. 670 (c) A covered entity governed by the privacy, security, and 671 breach notification rules issued by the United States Department 672 of Health and Human Services in 45 C.F.R. parts 160 and 164, to 673 the extent the provider or covered entity maintains patient 674 information in the same manner as medical information or 675 protected health information as described in paragraph (b). 676 (d) Information collected as part of a clinical trial 677 subject to the Federal Policy for the Protection of Human 678 Subjects pursuant to good clinical practice guidelines issued by 679 the International Council for Harmonisation of Technical 680 Requirements for Pharmaceuticals for Human Use or pursuant to 681 human subject protection requirements of the United States Food 682 and Drug Administration. 683 (e) The sale of personal information to or from a consumer 684 reporting agency if that information is to be reported in or 685 used to generate a consumer report as defined by 15 U.S.C. s. 686 1681(a), and if the use of that information is limited by the 687 federal Fair Credit Reporting Act, 15 U.S.C. s. 1681 et seq. 688 (f) Personal information collected, processed, sold, or 689 disclosed pursuant to the federal Gramm-Leach-Bliley Act, 12 690 U.S.C. s. 24(a) et seq. and implementing regulations. 691 (g) Personal information collected, processed, sold, or 692 disclosed pursuant to the federal Driver’s Privacy Protection 693 Act of 1994, 18 U.S.C. s. 2721 et seq.; 694 (h) Education information covered by the federal Family 695 Educational Rights and Privacy Act, 20 U.S.C. s. 1232g and 34 696 C.F.R. part 99. 697 (i) Personal information collected, processed, sold, or 698 disclosed in relation to price, route, or service as those terms 699 are used in the federal Airline Deregulation Act, 49 U.S.C. s. 700 40101 et seq., by entities subject to the federal Airline 701 Deregulation Act, to the extent the provisions of this act are 702 preempted by s. 41713 of the federal Airline Deregulation Act. 703 (j) Vehicle information or ownership information retained 704 or shared between a new motor vehicle dealer and the vehicle’s 705 manufacturer if the vehicle or ownership information is shared 706 for the purpose of effectuating, or in anticipation of 707 effectuating, a vehicle repair covered by a vehicle warranty or 708 a recall conducted pursuant to 49 U.S.C. s. 30118-30120, 709 provided that the new motor vehicle dealer or vehicle 710 manufacturer with which that vehicle information or ownership 711 information is shared does not sell, share, or use that 712 information for any other purpose. As used in this paragraph, 713 the term “vehicle information” means the vehicle information 714 number, make, model, year, and odometer reading, and the term 715 “ownership information” means the name or names of the 716 registered owner or owners and the contact information for the 717 owner or owners. 718 (3) If a request from a consumer is manifestly unfounded or 719 excessive, in particular because of the request’s repetitive 720 character, a business may either charge a reasonable fee, taking 721 into account the administrative costs of providing the 722 information or communication or taking the action requested, or 723 refuse to act on the request and notify the consumer of the 724 reason for refusing the request. The business bears the burden 725 of demonstrating that any verified consumer request is 726 manifestly unfounded or excessive. 727 (4) A business that discloses personal information to a 728 service provider is not liable under this act if the service 729 provider receiving the personal information uses it in violation 730 of the restrictions set forth in the act, provided that, at the 731 time of disclosing the personal information, the business does 732 not have actual knowledge, or reason to believe, that the 733 service provider intends to commit such a violation. A service 734 provider is likewise not liable under this act for the 735 obligations of a business for which it provides services as set 736 forth in this act. 737 (5) This act may not be construed to require a business to 738 reidentify or otherwise link information that is not maintained 739 in a manner that would be considered personal information; 740 retain any personal information about a consumer if, in the 741 ordinary course of business, that information would not be 742 retained; maintain information in identifiable, linkable, or 743 associable form; or collect, obtain, retain, or access any data 744 or technology in order to be capable of linking or associating a 745 verifiable consumer request with personal information. 746 (6) The rights afforded to consumers and the obligations 747 imposed on a business in this act may not adversely affect the 748 rights and freedoms of other consumers. Notwithstanding s. 749 501.175(7), a verified request for specific items of personal 750 information, to delete a consumer’s personal information, or to 751 correct inaccurate personal information does not extend to 752 personal information about the consumer which belongs to, or 753 which the business maintains on behalf of, another natural 754 person. 755 Section 7. Section 501.177, Florida Statutes, is created to 756 read: 757 501.177 Civil actions; private right of action; attorney 758 general; rules.— 759 (1) If any business violates any provision of this act, the 760 consumer may initiate a civil action for any of the following: 761 (a) Recovery of damages of at least $100 and not more than 762 $750 per consumer per incident or actual damages, whichever is 763 greater. 764 (b) Injunctive or declaratory relief. 765 (c) Reasonable costs of enforcement, including a reasonable 766 attorney fee and costs. 767 (d) Any other relief deemed appropriate by the court. 768 (2) In assessing the amount of statutory damages, the court 769 shall consider any one or more of the relevant circumstances 770 presented by any of the parties to the case, including, but not 771 limited to, the nature and seriousness of the misconduct, the 772 number of violations, the persistence of the misconduct, the 773 length of time over which the misconduct occurred, the 774 willfulness of the defendant’s misconduct, and the defendant’s 775 assets, liabilities, and net worth. 776 (3)(a) The Department of Legal Affairs shall adopt rules to 777 enforce this act. If the department has reason to believe that a 778 business, directly or indirectly, has violated or is violating 779 this section, the department may institute an appropriate legal 780 proceeding against the business. 781 (b) The trial court, upon a showing that any business, 782 directly or indirectly, has violated or is violating this act, 783 may take any of the following actions: 784 1. Issue a temporary or permanent injunction. 785 2. Impose a civil penalty not to exceed $5,000 for each 786 violation. If the violation involves a consumer who was 16 years 787 of age or younger at the time of the violation, the court may 788 triple the civil penalty. 789 3. Award reasonable costs of enforcement, including a 790 reasonable attorney fee and costs. 791 4. Grant such other relief as the court may deem 792 appropriate. 793 Section 8. This act shall take effect January 1, 2022. 794 795 ================= T I T L E A M E N D M E N T ================ 796 And the title is amended as follows: 797 Delete everything before the enacting clause 798 and insert: 799 A bill to be entitled 800 An act relating to consumer data privacy; creating s. 801 501.172, F.S.; providing a short title; creating s. 802 501.173, F.S.; providing a purpose; creating s. 803 501.174, F.S.; defining terms; creating s. 501.1745, 804 F.S.; requiring certain businesses that collect 805 consumer personal information to provide certain 806 information to the consumer; requiring such 807 collection, use, retention, and sharing of such 808 information to meet certain requirements; requiring 809 such businesses to implement reasonable security 810 procedures and practices; requiring such businesses to 811 enter into an agreement with third parties under 812 certain circumstances; creating s. 501.175, F.S.; 813 providing that consumers have the right to direct 814 certain businesses not to sell their personal 815 information; providing construction; requiring such 816 businesses to notify consumers of such right; 817 requiring businesses to comply with such a request 818 under certain circumstances; prohibiting businesses 819 from selling the personal information of consumers 820 younger than a specified age without express 821 authorization from the consumer or the consumer’s 822 parent or guardian under certain circumstances; 823 providing that a business that willfully disregards a 824 consumer’s age is deemed to have actual knowledge of 825 the consumer’s age; requiring certain businesses to 826 provide a specified link on their home page for 827 consumers to opt out; providing requirements for 828 businesses to comply with a consumer’s opt-out 829 request; providing that consumers have the right to 830 submit a verified request for businesses to delete or 831 correct personal information the businesses have 832 collected about the consumers; providing construction; 833 providing that consumers may authorize other persons 834 to opt out of the sale of the consumer’s personal 835 information on the consumer’s behalf; requiring 836 businesses to establish designated addresses through 837 which consumers may submit verified requests; 838 specifying requirements for consumers’ verified 839 requests and businesses’ responses; requiring 840 businesses to comply with previous consumer requests 841 without requiring additional information from the 842 consumer, under certain circumstances; requiring 843 businesses to provide certain notices to consumers; 844 creating s. 501.176, F.S.; providing applicability; 845 authorizing businesses to charge consumers a 846 reasonable fee for manifestly unfounded or excessive 847 requests, or to refuse to complete a request under 848 certain circumstances; providing for business 849 liability under certain circumstances; providing 850 construction; providing that a consumer’s rights and 851 the obligations of a business may not adversely affect 852 the rights and freedoms of other consumers; creating 853 s. 501.177, F.S.; authorizing consumers to initiate 854 civil actions for violations; providing civil 855 remedies; requiring the Department of Legal Affairs to 856 adopt rules and to initiate legal proceedings against 857 a business under certain circumstances; providing 858 civil penalties; providing an effective date.