Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. CS for SB 1734 Ì655390-Î655390 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/07/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (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 either of the following thresholds: 54 a. Annually buys, sells, or shares the personal information 55 of 100,000 or more consumers, households, or devices. 56 b. Derives 50 percent or more of its global annual revenues 57 from selling or sharing personal information about consumers. 58 (b) An entity that controls or is controlled by a business 59 and that shares common branding with the business. As used in 60 this paragraph, the term: 61 1. “Common branding” means a shared name, service mark, or 62 trademark that the average consumer would understand to mean 63 that two or more entities are commonly owned. 64 2. “Control” means: 65 a. Ownership of, or the power to vote, more than 50 percent 66 of the outstanding shares of any class of voting security of a 67 business; 68 b. Control in any manner over the election of a majority of 69 the directors, or of individuals exercising similar functions; 70 or 71 c. The power to exercise a controlling influence over the 72 management of a company. 73 (c) A joint venture or partnership composed of businesses 74 in which each business has at least a 40 percent interest. For 75 the purposes of this act, the joint venture or partnership, and 76 each business that comprises the joint venture or partnership, 77 must be considered a separate, single business, except that 78 personal information in the possession of each business and 79 disclosed to the joint venture or partnership may not be shared 80 with the other business. A joint venture does not include a 81 third party that operates, hosts, or manages a website or an 82 online service on behalf of a business or processes information 83 on behalf of a business. 84 (5) “Business purpose” means the use of personal 85 information for the business’ operational or other notice-given 86 purposes or for the service provider’s operational purposes, 87 provided that the use of the personal information is reasonably 88 necessary to achieve, and proportionate to the benefit of 89 achieving, the purpose for which the personal information was 90 collected or processed or for another purpose that is compatible 91 with the context in which the personal information was 92 collected. The term includes all of the following: 93 (a) Auditing related to counting ad impressions of unique 94 visitors and verifying positioning and the quality of ad 95 impressions, and auditing compliance with this specification and 96 other standards. 97 (b) Helping to ensure security and integrity to the extent 98 that the use of the consumer’s personal information is 99 reasonably necessary for these purposes and proportionate to the 100 benefit of its use for these purposes. 101 (c) Debugging to identify and repair errors that impair 102 existing intended functionality. 103 (d) Short-term, transient use, including, but not limited 104 to, nonpersonalized advertising shown as part of a consumer’s 105 current interaction with the business, provided that the 106 consumer’s personal information is not disclosed to a third 107 party and is not used to build a profile of the consumer or to 108 otherwise alter the consumer’s experience outside his or her 109 current interaction with the business. 110 (e) Performing services on behalf of the business, 111 including maintaining or servicing accounts, providing customer 112 service, processing or fulfilling orders and transactions, 113 verifying customer information, processing payments, or 114 providing financing, analytic services, storage, or similar 115 services on behalf of the business. 116 (f) Providing advertising and marketing services, not 117 including targeted advertising, to the consumer provided that, 118 for the purpose of advertising and marketing, a service provider 119 may not combine the personal information of consumers who opt 120 out which the service provider receives from, or on behalf of, 121 the business with personal information that the service provider 122 receives from, or on behalf of, another person or persons or 123 collects from its own interaction with consumers. 124 (g) Undertaking internal research for technological 125 development and demonstration. 126 (h) Undertaking activities to verify or maintain the 127 quality or safety of a service or device that is owned, 128 manufactured, manufactured for, or controlled by the business, 129 and to improve, upgrade, or enhance the service or device that 130 is owned, manufactured, manufactured for, or controlled by the 131 business. 132 (6) “Categories” or “category” means the items of personal 133 identifying information specified as being included as personal 134 information under subsection (18). 135 (7) “Collects,” “collected,” or “collection” means buying, 136 renting, gathering, obtaining, receiving, or accessing by any 137 means any personal information pertaining to a consumer. The 138 term includes receiving information from the consumer, either 139 actively or passively, or by observing the consumer’s behavior. 140 (8) “Commercial purposes” means to advance a person’s 141 commercial or economic interests, such as by inducing another 142 person to buy, rent, lease, join, subscribe to, provide, or 143 exchange products, goods, property, information, or services or 144 enabling or effecting, directly or indirectly, a commercial 145 transaction. The term does not include engaging in speech that 146 state or federal courts have recognized as noncommercial speech, 147 including political speech and journalism. 148 (9) “Consumer” means a natural person, however identified, 149 including identification by a unique identifier, who is in this 150 state for other than a temporary or transitory purpose. The term 151 does not include any other natural person who is a nonresident. 152 (10) “De-identified” means information: 153 (a) That cannot reasonably identify, relate to, describe, 154 be associated with, or be linked directly or indirectly to a 155 particular consumer or device; 156 (b) Containing data that the business has taken reasonable 157 measures to ensure could not be reidentified; 158 (c) Containing data that the business publicly commits to 159 maintain and use in a de-identified fashion and that it does not 160 attempt to reidentify; and 161 (d) Containing data that the business contractually 162 prohibits downstream recipients from attempting to reidentify. 163 (11) “Designated request address” means an electronic mail 164 address, a toll-free telephone number, or a website established 165 by a business through which a consumer may submit a verified 166 request to the business. 167 (12) “Device” means a physical object capable of directly 168 or indirectly connecting to the Internet. 169 (13) “Home page” means the introductory page of an Internet 170 website and any Internet web page where personal information is 171 collected. In the case of an online service, such as a mobile 172 application, the term means the application’s platform page or 173 download page; a link within the application, such as from the 174 application configuration, “about,” “information,” or settings 175 page; and any other location that allows consumers to review the 176 notices required by this act, at any time, including, but not 177 limited to, before downloading the application. 178 (14) “Household” means a person or group of persons living 179 together or sharing living quarters who are or are not related. 180 (15) “Intentional interaction” or “intentionally 181 interacting” means the consumer intends to interact with or 182 disclose personal information to a person through one or more 183 deliberate interactions, including visiting the person’s website 184 or purchasing a good or service from the person. The term does 185 not include hovering over, muting, pausing, or closing a given 186 piece of content. 187 (16) “Nonpersonalized advertising” means advertising and 188 marketing that is based solely on a consumer’s personal 189 information derived from the consumer’s current interaction with 190 the business, with the exception of the consumer’s precise 191 geolocation. 192 (17) “Person” means an individual, a proprietorship, a 193 firm, a partnership, a joint venture, a syndicate, a business 194 trust, a company, a corporation, a limited liability company, an 195 association, a committee, and any other organization or group of 196 persons acting in concert. 197 (18) “Personal information” means information that 198 identifies, relates to, describes, is reasonably capable of 199 being associated with, or could reasonably be linked, directly 200 or indirectly, with a particular consumer or household. 201 (a) The term includes, but is not limited to, all of the 202 following items of personal identifying information about a 203 consumer collected and maintained by a person or business: 204 1. A first and last name. 205 2. A home or other physical address that includes the name 206 of a street and the name of a city or town. 207 3. An electronic mail address. 208 4. A telephone number. 209 5. A social security number. 210 6. An identifier such as an alias, a unique personal 211 identifier, an online identifier, an Internet protocol address, 212 an account name, a driver license number, a passport number, or 213 other similar identifiers. 214 7. Biometric information, such as DNA or fingerprints or 215 any other biometric information collected by a business about a 216 consumer without the consumer’s knowledge. 217 8. Internet or other electronic network activity 218 information, including, but not limited to, browsing history, 219 search history, and information regarding a consumer’s 220 interaction with a website, an application, or an advertisement. 221 9. Audio, electronic, visual, thermal, olfactory, 222 geolocation, or similar information. 223 10. Professional or employment-related information. 224 11. Education information, defined as only information that 225 is not publicly available. 226 12. Inferences drawn from any information specified in this 227 paragraph which can create a profile about a consumer reflecting 228 the consumer’s preferences, characteristics, psychological 229 trends, predispositions, behavior, attitudes, intelligence, 230 abilities, and aptitudes. 231 13. Any other information that may serve as a probabilistic 232 identifier concerning a consumer which is collected from the 233 consumer through a website, an online service, or some other 234 means by the business and maintained by the business in 235 combination with an identifier in a form that, when used 236 together with the information, identifies the consumer. 237 14. Characteristics of protected classifications under 238 state or federal law. 239 15. Commercial information, including records of personal 240 property; products or services purchased, obtained, or 241 considered; or other purchasing or consuming histories or 242 tendencies. 243 16. Geolocation data. 244 (b) The term does not include: 245 1. Information about a consumer obtained from public 246 records, including information that is lawfully made available 247 from federal, state, or local governmental records; information 248 that a business has a reasonable basis to believe is lawfully 249 made available to the general public by the consumer or from 250 widely distributed media; or lawfully obtained, truthful 251 information that is a matter of public concern. 252 2. Consumer information that is de-identified or aggregate 253 consumer information that relates to a group or category of 254 consumers from which individual consumer identities have been 255 removed. 256 (19) “Probabilistic identifier” means the identification of 257 a consumer or a device to a degree of certainty more probable 258 than not, based on any categories of personal information 259 included in or similar to the items of personal identifying 260 information specified in subsection (18). 261 (20) “Processing” means any operation or set of operations 262 performed on personal information or on sets of personal 263 information, whether or not by automated means. 264 (21) “Profiling” means any form of automated processing 265 performed on personal data to evaluate, analyze, or predict 266 personal aspects related to an identified or identifiable 267 natural person’s economic situation, health, personal 268 preferences, interests, reliability, behavior, location, or 269 movements. 270 (22)(a) “Sale” or “sell” means the sale, rental, release, 271 disclosure, dissemination, making available, loaning, sharing, 272 transferring, or other communication, orally, in writing, or by 273 electronic or other means, of a consumer’s personal information 274 by a business to a third party for monetary or other tangible or 275 intangible consideration or for any commercial purpose. 276 (b) The term does not include any of the following: 277 1. The disclosure, for a business purpose, of personal 278 information by a business to a service provider who processes 279 the personal information on behalf of the business. 280 2. The disclosure, for the purposes of providing a product 281 or service requested by the consumer, of personal information by 282 a business to another business resulting from the consumer’s 283 intentional interaction. 284 (23) “Security and integrity” means the ability of a: 285 (a) Network or information system to detect security 286 incidents that compromise the availability, authenticity, 287 integrity, and confidentiality of stored or transmitted personal 288 information. 289 (b) Business to detect security incidents; to resist 290 malicious, deceptive, fraudulent, or illegal actions; and to 291 help prosecute those responsible for such actions. 292 (c) Business to ensure the physical safety of natural 293 persons. 294 (24) “Service provider” means a person who processes 295 personal information on behalf of a business to whom the 296 business discloses a consumer’s personal information for a 297 business purpose pursuant to a written or electronic contract if 298 the contract prohibits the person from: 299 (a) Selling the information; 300 (b) Retaining, using, or disclosing the personal 301 information for any purpose other than the business purposes 302 specified in the contract, including a prohibition on retaining, 303 using, or disclosing the personal information for a commercial 304 purpose other than the business purposes specified in the 305 contract with the business; 306 (c) Combining the personal information that the service 307 provider receives from or on behalf of the business with 308 personal information that the service provider receives from or 309 on behalf of another person or persons or collects from its own 310 interaction with consumers, provided that the service provider 311 may combine personal information to perform a business purpose; 312 and 313 (d) Retaining, using, or disclosing the information outside 314 of the direct business relationship between the service provider 315 and the business. 316 (25) “Targeted advertising” means displaying an 317 advertisement to a consumer when the advertisement is selected 318 based on personal data obtained from a consumer’s activities 319 over time and across businesses, websites, or online 320 applications other than the business, website, or online 321 application with which the consumer is intentionally 322 interacting, to predict such consumer’s preferences or 323 interests. The term does not include nonpersonalized 324 advertising. 325 (26) “Third party” means a person who is not any of the 326 following: 327 (a) The business with which the consumer intentionally 328 interacts which collects personal information from the consumer 329 as part of the consumer’s current interaction with the business. 330 (b) A service provider to the business. 331 (27) “Unique identifier” or “unique personal identifier” 332 means a persistent identifier that can be used to recognize a 333 consumer, a family, or a device linked to a consumer or family 334 over time and across different services, including, but not 335 limited to, a device identifier; an Internet protocol address; 336 cookies, beacons, pixel tags, mobile ad identifiers, or similar 337 technology; a customer number, unique pseudonym, or user alias; 338 telephone numbers; or other forms of persistent or probabilistic 339 identifiers that can be used to identify a particular consumer 340 or device that is linked to a consumer or family. For purposes 341 of this subsection, the term “family” means a custodial parent 342 or guardian and any minor children of which the parent or 343 guardian has custody. 344 (28) “Verified request” means a request submitted by a 345 consumer, by a consumer on behalf of the consumer’s minor child, 346 or by a natural person or a person registered with the Secretary 347 of State, who is authorized by the consumer to act on the 348 consumer’s behalf, to a business for which the business can 349 reasonably verify the authenticity of the request. 350 Section 4. Section 501.1745, Florida Statutes, is created 351 to read: 352 501.1745 General duties of businesses that collect personal 353 information.— 354 (1)(a) A business that controls the collection of a 355 consumer’s personal information that will be used for any 356 purpose other than a business purpose, at or before the point of 357 collection, shall inform consumers of all of the following: 358 1. The purposes for which each category of personal 359 information is collected or used and whether that information is 360 sold. A business may not collect additional categories of 361 personal information, or use collected personal information for 362 additional purposes that are incompatible with the disclosed 363 purpose for which the personal information was collected, 364 without providing the consumer with notice consistent with this 365 section. 366 2. The length of time the business intends to retain each 367 category of personal information or, if that is not possible, 368 the criteria used to determine such period, provided that a 369 business may not retain a consumer’s personal information for 370 each disclosed purpose for which the personal information was 371 collected for longer than is reasonably necessary for that 372 disclosed purpose. 373 (b) A business that collects personal information about, 374 but not directly from, consumers may provide the required 375 information on its Internet home page or in its online privacy 376 policy. 377 (2) A business’ collection, use, retention, and sharing of 378 a consumer’s personal information must be reasonably necessary 379 to achieve, and proportionate to the benefit of achieving, the 380 purposes for which the personal information was collected or 381 processed, and such information may not be further processed in 382 a manner that is incompatible with those purposes. 383 (3) A business that collects a consumer’s personal 384 information shall implement reasonable security procedures and 385 practices appropriate to the nature of the personal information 386 to protect the personal information from unauthorized or illegal 387 access, destruction, use, modification, or disclosure. 388 (4) A business that collects a consumer’s personal 389 information and discloses it to a service provider for a 390 business purpose shall enter into an agreement with such service 391 provider which obligates the service provider to comply with 392 applicable obligations under this act and to provide the same 393 level of privacy protection as is required by this act. If a 394 service provider engages any other person to assist it in 395 processing personal information for a business purpose on behalf 396 of the business, or if any other person engaged by the service 397 provider engages another person to assist in processing personal 398 information for that business purpose, the provider or person 399 must notify the business of that engagement, and the engagement 400 must be pursuant to a written contract that includes the 401 prohibitions described in s. 501.174(23) and a certification 402 made by the person receiving the personal information that he or 403 she understands the restrictions under this act and will comply 404 with them. 405 (5) A business may not process sensitive data concerning a 406 consumer without obtaining the consumer’s consent or, in the 407 case of the processing of sensitive data concerning a known 408 child, without processing such data in accordance with the 409 federal Children’s Online Privacy Protection Act, 15 U.S.C. s. 410 6501 et. seq. 411 Section 5. Section 501.175, Florida Statutes, is created to 412 read: 413 501.175 Use of personal information; third parties; other 414 rights.— 415 (1)(a) A consumer has the right, at any time, to direct a 416 business that sells personal information about the consumer not 417 to sell the consumer’s personal information. This right may be 418 referred to as the right to opt out of the sale. 419 (b) As part of the right to opt out of the sale of his or 420 her personal information, a consumer has the right, at any time, 421 to opt out of the processing of the consumer’s personal data for 422 purposes of targeted advertising or profiling. However, this 423 paragraph may not be construed to prohibit the business that 424 collected the consumer’s personal information from: 425 1. Offering a different price, rate, level, quality, or 426 selection of goods or services to a consumer, including offering 427 goods or services for no fee, if the consumer has opted out of 428 targeted advertising or the sale of his or her personal 429 information; or 430 2. Offering a loyalty, reward, premium feature, discount, 431 or club card program. 432 (c) A business that charges or offers a different price, 433 rate, level, quality, or selection of goods or services to a 434 consumer who has opted out of targeted advertising or the sale 435 of his or her personal information, or that offers goods or 436 services for no fee, shall ensure that such charge or offer is: 437 1. Reasonably related to the value provided to the business 438 by the consumer’s data; and 439 2. Not unjust, unreasonable, coercive, or usurious. 440 (2) A business that sells consumers’ personal information 441 shall provide notice to consumers that the information may be 442 sold and that consumers have the right to opt out of the sale of 443 their personal information. 444 (3) A business that sells consumer information and that has 445 received direction from a consumer not to sell the consumer’s 446 personal information or, in the case of a minor consumer’s 447 personal information, has not received consent to sell the minor 448 consumer’s personal information, is prohibited from selling the 449 consumer’s personal information after the business receives the 450 consumer’s direction, unless the consumer subsequently provides 451 express authorization for the sale of the consumer’s personal 452 information. A business that is able to authenticate the 453 consumer, for example, by the consumer logging in, or that uses 454 some other unique identifier for the consumer, must comply with 455 any privacy preferences the consumer previously directed. The 456 business may not require the consumer to declare privacy 457 preferences every time the consumer visits the business’ website 458 or uses the business’ online services. 459 (4)(a) Notwithstanding subsection (1), a business may not 460 sell the personal information of consumers if the business has 461 actual knowledge that the consumer is younger than 16 years of 462 age, unless: 463 1. The consumer, in the case of consumers between 13 and 16 464 years of age, has affirmatively authorized the sale of the 465 consumer’s personal information; or 466 2. The consumer’s parent or guardian, in the case of 467 consumers who are younger than 13 years of age, has 468 affirmatively authorized the sale of the consumer’s personal 469 information. 470 (b) This right may be referred to as the right to opt in. 471 (c) A business that willfully disregards the consumer’s age 472 is deemed to have actual knowledge of the consumer’s age. 473 (d) A business that complies with the verifiable parental 474 consent requirements of the Children’s Online Privacy Protection 475 Act, 15 U.S.C. s. 6501 et seq., shall be deemed compliant with 476 any obligation to obtain parental consent. 477 (5) A business that is required to comply with this section 478 shall, in a form that is reasonably accessible to consumers, do 479 all of the following: 480 (a) Provide a clear and conspicuous link on the business’ 481 Internet home page, titled “Do Not Sell My Personal 482 Information,” to a web page that enables a consumer or a person 483 authorized by the consumer to opt out of the sale of the 484 consumer’s personal information. A business may not require a 485 consumer to create an account in order to direct the business 486 not to sell the consumer’s information. 487 (b) Ensure that all individuals responsible for handling 488 consumer inquiries about the business’ privacy practices or the 489 business’ compliance with this section are informed of all 490 requirements of this section and how to direct consumers to 491 exercise their rights. 492 (c) For consumers who exercise their right to opt out of 493 the sale of their personal information, refrain from selling 494 personal information the business collected about the consumer 495 as soon as reasonably possible but no longer than 2 business 496 days after receiving the request to opt out. 497 (d) For consumers who have opted out of the sale of their 498 personal information, respect the consumer’s decision to opt out 499 for at least 12 months before requesting that the consumer 500 authorize the sale of the consumer’s personal information. 501 (e) Use any personal information collected from the 502 consumer in connection with the submission of the consumer’s 503 opt-out request solely for the purposes of complying with the 504 opt-out request. 505 (f) Ensure that consumers have the right to submit a 506 verified request for certain information from a business, 507 including the categories of sources from which the consumer’s 508 personal information was collected, the specific items of 509 personal information it has collected about the consumer, and 510 the categories of any third parties to whom the personal 511 information was sold. 512 (6) Consumers have the right to submit a verified request 513 that personal information that has been collected from the 514 consumer be deleted. A business shall notify a third party to 515 delete any consumer information bought or sold. 516 (7) A business, or a service provider acting pursuant to 517 its contract with the business or another service provider, is 518 not required to comply with a consumer’s verified request to 519 delete the consumer’s personal information if it is necessary 520 for the business or service provider to maintain the consumer’s 521 personal information in order to do any of the following: 522 (a) Complete the transaction for which the personal 523 information was collected, fulfill the terms of a written 524 warranty or product recall conducted in accordance with federal 525 law, provide a good or service requested by the consumer, or 526 otherwise perform a contract between the business and the 527 consumer. 528 (b) Help to ensure security and integrity to the extent 529 that the use of the consumer’s personal information is 530 reasonably necessary and proportionate for those purposes. 531 (c) Debug to identify and repair errors that impair 532 existing intended functionality. 533 (d) Exercise free speech, ensure the right of another 534 consumer to exercise that consumer’s right of free speech, or 535 exercise another right provided for by law. 536 (e) Engage in public or peer-reviewed scientific, 537 historical, or statistical research that conforms or adheres to 538 all other applicable ethics and privacy laws, when the business’ 539 deletion of the information is likely to render impossible or 540 seriously impair the ability to complete such research, if the 541 consumer has provided informed consent. 542 (f) Comply with a legal obligation. 543 (8) Consumers have the right to submit a verified request 544 for correction of their personal information held by a business 545 if that information is inaccurate. 546 (9) This section may not be construed to require a business 547 to comply by doing any of the following: 548 (a) Including any required links and text on the home page 549 that the business makes available to the public generally, if: 550 1. The business maintains a separate and additional home 551 page that is dedicated to consumers in this state and includes 552 the required links and text; and 553 2. The business takes reasonable steps to ensure that 554 consumers in this state are directed to the home page for 555 consumers in this state and not the home page made available to 556 the public generally. 557 (b) Reidentifying or otherwise linking information that is 558 not maintained in a manner that would be considered personal 559 information; retaining any personal information about a consumer 560 if, in the ordinary course of business, that information would 561 not be retained; maintaining information in identifiable, 562 linkable, or associable form; or collecting, obtaining, 563 retaining, or accessing any data or technology in order to be 564 capable of linking or associating a verifiable consumer request 565 with personal information. 566 (10) A consumer may authorize another person to opt out of 567 the sale of the consumer’s personal information. A business 568 shall comply with an opt-out request received from a person 569 authorized by the consumer to act on the consumer’s behalf, 570 including a request received through a user-enabled global 571 privacy control, such as a browser plug-in or privacy setting, 572 device setting, or other mechanism, which communicates or 573 signals the consumer’s choice to opt out, and may not require a 574 consumer to make a verified request to opt out of the sale of 575 his or her information. 576 (11) Each business shall establish a designated request 577 address through which a consumer may submit a request to 578 exercise his or her rights under this act. 579 (12)(a) A business that receives a verified request: 580 1. For a consumer’s personal information shall disclose to 581 the consumer any personal information about the consumer which 582 it has collected since July 1, 2022, directly or indirectly, 583 including through or by a service provider. 584 2. To correct a consumer’s inaccurate personal information 585 shall correct the inaccurate personal information. 586 3. To delete a consumer’s personal information shall delete 587 such personal information. 588 (b) A service provider is not required to personally comply 589 with a verified request received directly from a consumer or a 590 consumer’s authorized agent to the extent that the service 591 provider has collected personal information about the consumer 592 in its role as a service provider. A service provider shall 593 provide assistance to a business with which it has a contractual 594 relationship with respect to the business’ response to a 595 verifiable consumer request, including, but not limited to, by 596 providing to the business the consumer’s personal information in 597 the service provider’s possession which the service provider 598 obtained as a result of providing services to the business. 599 (c) At the direction of the business, a service provider 600 shall correct inaccurate personal information or delete personal 601 information, or enable the business to do the same, and shall 602 direct any service providers who may have accessed such personal 603 information from or through the service provider to correct or 604 delete the consumer’s personal information, as applicable. 605 (d) A business shall comply with a verified request 606 submitted by a consumer to access, correct, or delete personal 607 information within 30 days after the date the request is 608 submitted. A business may extend such period by up to 30 days if 609 the business, in good faith, determines that such an extension 610 is reasonably necessary. A business that extends the period 611 shall notify the consumer of the necessity of an extension. 612 (13) A business shall comply with a consumer’s previous 613 expressed decision to opt out of the sale of his or her personal 614 information without requiring the consumer to take any 615 additional action if: 616 (a) The business is able to identify the consumer through a 617 login protocol or any other process the business uses to 618 identify consumers and the consumer has previously exercised his 619 or her right to opt out of the sale of his or her personal 620 information; or 621 (b) The business is aware of the consumer’s desire to opt 622 out of the sale of his or her personal information through the 623 use of a user-enabled global privacy control, such as a browser, 624 browser instruction, plug-in or privacy setting, device setting, 625 application, service, or other mechanism, which communicates or 626 signals the consumer’s choice to opt out. 627 (14) A business shall make available, in a manner 628 reasonably accessible to consumers whose personal information 629 the business collects through its website or online service, a 630 notice that does all of the following: 631 (a) Identifies the categories of personal information that 632 the business collects through its website or online service 633 about consumers who use or visit the website or online service 634 and the categories of third parties with whom the business may 635 share such personal information. 636 (b) Provides a description of the process, if applicable, 637 for a consumer who uses or visits the website or online service 638 to review and request changes to any of his or her personal 639 information that is collected through the website or online 640 service. 641 (c) Describes the process by which the business notifies 642 consumers who use or visit the website or online service of 643 material changes to the notice. 644 (d) Discloses whether a third party may collect personal 645 information about a consumer’s online activities over time and 646 across different websites or online services when the consumer 647 uses the business’ website or online service. 648 (e) States the effective date of the notice. 649 (15) If a request from a consumer is manifestly unfounded 650 or excessive, in particular because of the request’s repetitive 651 character, a business may either charge a reasonable fee, taking 652 into account the administrative costs of providing the 653 information or communication or taking the action requested, or 654 refuse to act on the request and notify the consumer of the 655 reason for refusing the request. The business bears the burden 656 of demonstrating that any verified consumer request is 657 manifestly unfounded or excessive. 658 (16) A business that discloses personal information to a 659 service provider is not liable under this act if the service 660 provider receiving the personal information uses it in violation 661 of the restrictions set forth in the act, provided that, at the 662 time of disclosing the personal information, the business does 663 not have actual knowledge, or reason to believe, that the 664 service provider intends to commit such a violation. A service 665 provider is likewise not liable under this act for the 666 obligations of a business for which it provides services as set 667 forth in this act. 668 (17) The rights afforded to consumers and the obligations 669 imposed on a business in this act may not adversely affect the 670 rights and freedoms of other consumers. Notwithstanding 671 subsection (7), a verified request for specific items of 672 personal information, to delete a consumer’s personal 673 information, or to correct inaccurate personal information does 674 not extend to personal information about the consumer which 675 belongs to, or which the business maintains on behalf of, 676 another natural person. 677 Section 6. Section 501.176, Florida Statutes, is created to 678 read: 679 501.176 Scope; exclusions.— 680 (1) The obligations imposed on a business by this act do 681 not restrict a business’ ability to do any of the following: 682 (a) Comply with federal, state, or local laws. 683 (b) Comply with a civil, criminal, or regulatory inquiry or 684 an investigation, a subpoena, or a summons by federal, state, or 685 local authorities. 686 (c) Cooperate with law enforcement agencies concerning 687 conduct or activity that the business, service provider, or 688 third party reasonably and in good faith believes may violate 689 federal, state, or local law. 690 (d) Exercise or defend legal claims. 691 (e) Collect, use, retain, sell, or disclose consumer 692 information that is de-identified or in the aggregate consumer 693 information that relates to a group or category of consumers 694 from which individual consumer identities have been removed. 695 (f) Collect or sell a consumer’s personal information if 696 every aspect of that commercial conduct takes place wholly 697 outside of this state. For purposes of this act, commercial 698 conduct takes place wholly outside of this state if the business 699 collected that information while the consumer was outside of 700 this state, no part of the sale of the consumer’s personal 701 information occurred in this state, and no personal information 702 collected while the consumer was in this state is sold. This 703 paragraph does not permit a business to store, including on a 704 device, personal information about a consumer when the consumer 705 is in this state and then to collect that personal information 706 when the consumer and stored personal information are outside of 707 this state. 708 (2) This act does not apply to any of the following: 709 (a) A business that collects or discloses the personal 710 information of its employees, owners, directors, officers, job 711 applicants, interns, or volunteers, so long as the business is 712 collecting or disclosing such information only to the extent 713 reasonable and necessary within the scope of the role the 714 business has in relation to each class of listed individuals. 715 (b) A business that enters into a contract with an 716 independent contractor and collects or discloses personal 717 information about the contractor reasonably necessary to either 718 enter into or to fulfill the contract when the contracted 719 services would not defeat the purposes of this act. 720 (c) Protected health information for purposes of the 721 federal Health Insurance Portability and Accountability Act of 722 1996 and related regulations, and patient identifying 723 information for purposes of 42 C.F.R. part 2, established 724 pursuant to 42 U.S.C. s. 290dd-2. 725 (d) A covered entity or business associate governed by the 726 privacy, security, and breach notification rules issued by the 727 United States Department of Health and Human Services in 45 728 C.F.R. parts 160 and 164, or a program or a qualified service 729 program defined in 42 C.F.R. part 2, to the extent the covered 730 entity, business associate, or program maintains personal 731 information in the same manner as medical information or 732 protected health information as described in paragraph (c). 733 (e) Identifiable private information collected for purposes 734 of research as defined in 45 C.F.R. s. 164.501 conducted in 735 accordance with the Federal Policy for the Protection of Human 736 Subjects for purposes of 45 C.F.R. part 46, the good clinical 737 practice guidelines issued by the International Council for 738 Harmonisation of Technical Requirements for Pharmaceuticals for 739 Human Use, or the Protection for Human Subjects for purposes of 740 21 C.F.R. parts 50 and 56; or personal information used or 741 shared in research conducted in accordance with one or more of 742 these standards. 743 (f) Information and documents created for purposes of the 744 federal Health Care Quality Improvement Act of 1986 and related 745 regulations, or patient safety work product for purposes of 42 746 C.F.R. part 3, established pursuant to 42 U.S.C. s. 299b-21 747 through 299b-26. 748 (g) Information that is de-identified in accordance with 45 749 C.F.R. part 164 and that is derived from individually 750 identifiable health information, as described in the Health 751 Insurance Portability and Accountability Act of 1996, or 752 identifiable personal information, consistent with the Federal 753 Policy for the Protection of Human Subjects or the human subject 754 protection requirements of the United States Food and Drug 755 Administration or the good clinical practice guidelines issued 756 by the International Council for Harmonisation. 757 (h) Information collected as part of a clinical trial 758 subject to the Federal Policy for the Protection of Human 759 Subjects pursuant to good clinical practice guidelines issued by 760 the International Council for Harmonisation of Technical 761 Requirements for Pharmaceuticals for Human Use or pursuant to 762 human subject protection requirements of the United States Food 763 and Drug Administration. 764 (i) The sale of personal information to or from a consumer 765 reporting agency if that information is to be reported in or 766 used to generate a consumer report as defined by 15 U.S.C. s. 767 1681(a), and if the use of that information is limited by the 768 federal Fair Credit Reporting Act, 15 U.S.C. s. 1681 et seq. 769 (j) Personal information collected, processed, sold, or 770 disclosed pursuant to the federal Gramm-Leach-Bliley Act, 15 771 U.S.C. s. 6801 et seq. and implementing regulations. 772 (k) Personal information collected, processed, sold, or 773 disclosed pursuant to the Farm Credit Act of 1971, as amended in 774 12 U.S.C. s. 2001-2279cc and implementing regulations. 775 (l) Personal information collected, processed, sold, or 776 disclosed pursuant to the federal Driver’s Privacy Protection 777 Act of 1994, 18 U.S.C. s. 2721 et seq. 778 (m) Education information covered by the federal Family 779 Educational Rights and Privacy Act, 20 U.S.C. s. 1232g and 34 780 C.F.R. part 99. 781 (n) Personal information collected, processed, sold, or 782 disclosed in relation to price, route, or service as those terms 783 are used in the federal Airline Deregulation Act, 49 U.S.C. s. 784 40101 et seq., by entities subject to the federal Airline 785 Deregulation Act, to the extent the provisions of this act are 786 preempted by s. 41713 of the federal Airline Deregulation Act. 787 (o) Vehicle information or ownership information retained 788 or shared between a new motor vehicle dealer and the vehicle’s 789 manufacturer if the vehicle or ownership information is shared 790 for the purpose of effectuating, or in anticipation of 791 effectuating, a vehicle repair covered by a vehicle warranty or 792 a recall conducted pursuant to 49 U.S.C. s. 30118-30120, 793 provided that the new motor vehicle dealer or vehicle 794 manufacturer with which that vehicle information or ownership 795 information is shared does not sell, share, or use that 796 information for any other purpose. As used in this paragraph, 797 the term “vehicle information” means the vehicle information 798 number, make, model, year, and odometer reading, and the term 799 “ownership information” means the name or names of the 800 registered owner or owners and the contact information for the 801 owner or owners. 802 Section 7. Section 501.177, Florida Statutes, is created to 803 read: 804 501.177 Enforcement; attorney general; rules.— 805 (1) The Department of Legal Affairs may adopt rules to 806 implement this section. If the department has reason to believe 807 that any business, service provider, or other person or entity 808 is in violation of this act and that proceedings would be in the 809 public interest, the department may institute an appropriate 810 legal proceeding against such party. 811 (2) After the department has notified a business in writing 812 of an alleged violation, the department may grant the business a 813 30-day period to cure the alleged violation. The department may 814 consider the number of violations, the substantial likelihood of 815 injury to the public, or the safety of persons or property when 816 determining whether to grant 30 days to cure an alleged 817 violation. If the business cures the alleged violation to the 818 satisfaction of the department and provides proof of such cure 819 to the department, the department may issue a letter of guidance 820 to the business which indicates that the business will not be 821 offered a 30-day cure period for any future violations. If the 822 business fails to cure the violation within 30 days, the 823 department may bring an action against the business for the 824 alleged violation. 825 (3) The trial court, upon a showing that any business, 826 service provider, or other person or entity is in violation of 827 this act, may take any of the following actions: 828 (a) Issue a temporary or permanent injunction. 829 (b) Impose a civil penalty of not more than $2,500 for each 830 unintentional violation or $7,500 for each intentional 831 violation. Such fines may be tripled if the violation involves a 832 consumer who is 16 years of age or younger. 833 (c) Award reasonable costs of enforcement, including 834 reasonable attorney fees and costs. 835 (d) Grant such other relief as the court may deem 836 appropriate. 837 Section 8. This act shall take effect July 1, 2022. 838 839 ================= T I T L E A M E N D M E N T ================ 840 And the title is amended as follows: 841 Delete everything before the enacting clause 842 and insert: 843 A bill to be entitled 844 An act relating to consumer data privacy; creating s. 845 501.172, F.S.; providing a short title; creating s. 846 501.173, F.S.; providing a purpose; creating s. 847 501.174, F.S.; defining terms; creating s. 501.1745, 848 F.S.; requiring certain businesses that collect 849 consumer personal information to provide certain 850 information to the consumer; requiring such 851 collection, use, retention, and sharing of such 852 information to meet certain requirements; requiring 853 such businesses to implement reasonable security 854 procedures and practices; requiring such businesses to 855 enter into an agreement with service providers under 856 certain circumstances; prohibiting a business from 857 processing certain sensitive consumer data under 858 certain circumstances; creating s. 501.175, F.S.; 859 providing that consumers have the right to direct 860 certain businesses not to sell their personal 861 information; providing construction; requiring such 862 businesses to notify consumers of such right; 863 requiring businesses to comply with such a request 864 under certain circumstances; prohibiting businesses 865 from selling the personal information of consumers 866 younger than a specified age without express 867 authorization from the consumer or the consumer’s 868 parent or guardian under certain circumstances; 869 providing that a business that willfully disregards a 870 consumer’s age is deemed to have actual knowledge of 871 the consumer’s age; requiring certain businesses to 872 provide a specified link on their home page for 873 consumers to opt out; providing requirements for 874 businesses to comply with a consumer’s opt-out 875 request; providing that consumers have the right to 876 submit a verified request for businesses to delete or 877 correct personal information the businesses have 878 collected about the consumers; providing construction; 879 providing that consumers may authorize other persons 880 to opt out of the sale of the consumer’s personal 881 information on the consumer’s behalf; requiring 882 businesses to establish designated addresses through 883 which consumers may submit verified requests; 884 specifying requirements for consumers’ verified 885 requests and businesses’ responses; requiring 886 businesses to comply with previous consumer requests 887 without requiring additional information from the 888 consumer, under certain circumstances; requiring 889 businesses to provide certain notices to consumers; 890 authorizing businesses to charge consumers a 891 reasonable fee for manifestly unfounded or excessive 892 requests, or to refuse to complete a request under 893 certain circumstances; providing that business and 894 service providers are not liable for certain actions; 895 providing that a consumer’s rights and the obligations 896 of a business may not adversely affect the rights and 897 freedoms of other consumers; creating s. 501.176, 898 F.S.; providing applicability; providing exceptions; 899 creating s. 501.177, F.S.; authorizing the Department 900 of Legal Affairs to adopt rules and to bring 901 appropriate legal proceedings for violations under 902 certain circumstances; providing that businesses must 903 have a specified timeframe to cure any violations; 904 providing civil remedies; providing civil penalties 905 for unintentional and intentional violations; 906 providing enhanced penalties for certain violations; 907 providing an effective date.