Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1734
       
       
       
       
       
       
                                Ì655390-Î655390                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/07/2021           .                                
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       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         501.172Short 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         501.173Purpose.—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         501.174Definitions.—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         501.1745General 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         501.175Use 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         501.176Scope; 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         501.177Enforcement; 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.