Florida Senate - 2021 CS for CS for SB 1734 By the Committees on Rules; and Commerce and Tourism; and Senator Bradley 595-03818-21 20211734c2 1 A bill to be entitled 2 An act relating to consumer data privacy; creating s. 3 501.172, F.S.; providing a short title; creating s. 4 501.173, F.S.; providing a purpose; creating s. 5 501.174, F.S.; defining terms; creating s. 501.1745, 6 F.S.; requiring certain businesses that collect 7 consumer personal information to provide certain 8 information to the consumer; requiring such 9 collection, use, retention, and sharing of such 10 information to meet certain requirements; requiring 11 such businesses to implement reasonable security 12 procedures and practices; requiring such businesses to 13 enter into an agreement with service providers under 14 certain circumstances; prohibiting a business from 15 processing certain sensitive consumer data under 16 certain circumstances; creating s. 501.175, F.S.; 17 providing that consumers have the right to direct 18 certain businesses not to sell their personal 19 information; providing construction; requiring such 20 businesses to notify consumers of such right; 21 requiring businesses to comply with such a request 22 under certain circumstances; prohibiting businesses 23 from selling the personal information of consumers 24 younger than a specified age without express 25 authorization from the consumer or the consumer’s 26 parent or guardian under certain circumstances; 27 providing that a business that willfully disregards a 28 consumer’s age is deemed to have actual knowledge of 29 the consumer’s age; requiring certain businesses to 30 provide a specified link on their home page for 31 consumers to opt out; providing requirements for 32 businesses to comply with a consumer’s opt-out 33 request; providing that consumers have the right to 34 submit a verified request for businesses to delete or 35 correct personal information the businesses have 36 collected about the consumers; providing construction; 37 providing that consumers may authorize other persons 38 to opt out of the sale of the consumer’s personal 39 information on the consumer’s behalf; requiring 40 businesses to establish designated addresses through 41 which consumers may submit verified requests; 42 specifying requirements for consumers’ verified 43 requests and businesses’ responses; requiring 44 businesses to comply with previous consumer requests 45 without requiring additional information from the 46 consumer, under certain circumstances; requiring 47 businesses to provide certain notices to consumers; 48 authorizing businesses to charge consumers a 49 reasonable fee for manifestly unfounded or excessive 50 requests, or to refuse to complete a request under 51 certain circumstances; providing that business and 52 service providers are not liable for certain actions; 53 providing that a consumer’s rights and the obligations 54 of a business may not adversely affect the rights and 55 freedoms of other consumers; creating s. 501.176, 56 F.S.; providing applicability; providing exceptions; 57 creating s. 501.177, F.S.; authorizing the Department 58 of Legal Affairs to adopt rules and to bring 59 appropriate legal proceedings for violations under 60 certain circumstances; providing that businesses must 61 have a specified timeframe to cure any violations; 62 providing civil remedies; providing civil penalties 63 for unintentional and intentional violations; 64 providing enhanced penalties for certain violations; 65 providing an effective date. 66 67 Be It Enacted by the Legislature of the State of Florida: 68 69 Section 1. Section 501.172, Florida Statutes, is created to 70 read: 71 501.172 Short title.—This act may be cited as the “Florida 72 Privacy Protection Act.” 73 Section 2. Section 501.173, Florida Statutes, is created to 74 read: 75 501.173 Purpose.—This act shall be construed liberally in 76 recognition that privacy is an important right, and consumers in 77 this state should have the ability to share their personal 78 information as they wish, in a way that is safe and that they 79 understand and control. 80 Section 3. Section 501.174, Florida Statutes, is created to 81 read: 82 501.174 Definitions.—As used in ss. 501.172-501.177, unless 83 the context otherwise requires, the term: 84 (1) “Advertising and marketing” means a communication by a 85 business or a person acting on behalf of the business through 86 any medium intended to induce a consumer to obtain goods, 87 services, or employment. 88 (2) “Aggregate consumer information” means information that 89 relates to a group or category of consumers, from which 90 individual consumer identities have been removed, which is not 91 linked or reasonably linkable to any consumer or household, 92 including through a device. The term does not include one or 93 more individual consumer records that have been de-identified. 94 (3) “Biometric information” means an individual’s 95 physiological, biological, or behavioral characteristics, 96 including an individual’s deoxyribonucleic acid (DNA), which can 97 be used, singly or in combination with each other or with other 98 identifying data, to establish individual identity. The term 99 includes, but is not limited to, imagery of the iris, retina, 100 fingerprint, face, hand, or palm; vein patterns; voice 101 recordings from which an identifier template, such as a 102 faceprint, a minutiae template, or a voice print, can be 103 extracted; keystroke patterns or rhythms; gait patterns or 104 rhythms; and sleep, health, or exercise data that contain 105 identifying information. 106 (4) “Business” means: 107 (a) A sole proprietorship, a partnership, a limited 108 liability company, a corporation, or an association or any other 109 legal entity that meets the following requirements: 110 1. Is organized or operated for the profit or financial 111 benefit of its shareholders or owners; 112 2. Does business in this state; 113 3. Collects personal information about consumers, or is the 114 entity on behalf of which such information is collected; 115 4. Determines the purposes and means of processing personal 116 information about consumers, alone or jointly with others; and 117 5. Satisfies either of the following thresholds: 118 a. Annually buys, sells, or shares the personal information 119 of 100,000 or more consumers, households, or devices. 120 b. Derives 50 percent or more of its global annual revenues 121 from selling or sharing personal information about consumers. 122 (b) An entity that controls or is controlled by a business 123 and that shares common branding with the business. As used in 124 this paragraph, the term: 125 1. “Common branding” means a shared name, service mark, or 126 trademark that the average consumer would understand to mean 127 that two or more entities are commonly owned. 128 2. “Control” means: 129 a. Ownership of, or the power to vote, more than 50 percent 130 of the outstanding shares of any class of voting security of a 131 business; 132 b. Control in any manner over the election of a majority of 133 the directors, or of individuals exercising similar functions; 134 or 135 c. The power to exercise a controlling influence over the 136 management of a company. 137 (c) A joint venture or partnership composed of businesses 138 in which each business has at least a 40 percent interest. For 139 the purposes of this act, the joint venture or partnership, and 140 each business that comprises the joint venture or partnership, 141 must be considered a separate, single business, except that 142 personal information in the possession of each business and 143 disclosed to the joint venture or partnership may not be shared 144 with the other business. A joint venture does not include a 145 third party that operates, hosts, or manages a website or an 146 online service on behalf of a business or processes information 147 on behalf of a business. 148 (5) “Business purpose” means the use of personal 149 information for the business’ operational or other notice-given 150 purposes or for the service provider’s operational purposes, 151 provided that the use of the personal information is reasonably 152 necessary to achieve, and proportionate to the benefit of 153 achieving, the purpose for which the personal information was 154 collected or processed or for another purpose that is compatible 155 with the context in which the personal information was 156 collected. The term includes all of the following: 157 (a) Auditing related to counting ad impressions of unique 158 visitors and verifying positioning and the quality of ad 159 impressions, and auditing compliance with this specification and 160 other standards. 161 (b) Helping to ensure security and integrity to the extent 162 that the use of the consumer’s personal information is 163 reasonably necessary for these purposes and proportionate to the 164 benefit of its use for these purposes. 165 (c) Debugging to identify and repair errors that impair 166 existing intended functionality. 167 (d) Short-term, transient use, including, but not limited 168 to, nonpersonalized advertising shown as part of a consumer’s 169 current interaction with the business, provided that the 170 consumer’s personal information is not disclosed to a third 171 party and is not used to build a profile of the consumer or to 172 otherwise alter the consumer’s experience outside his or her 173 current interaction with the business. 174 (e) Performing services on behalf of the business, 175 including maintaining or servicing accounts, providing customer 176 service, processing or fulfilling orders and transactions, 177 verifying customer information, processing payments, or 178 providing financing, analytic services, storage, or similar 179 services on behalf of the business. 180 (f) Providing advertising and marketing services, not 181 including targeted advertising, to the consumer provided that, 182 for the purpose of advertising and marketing, a service provider 183 may not combine the personal information of consumers who opt 184 out which the service provider receives from, or on behalf of, 185 the business with personal information that the service provider 186 receives from, or on behalf of, another person or persons or 187 collects from its own interaction with consumers. 188 (g) Undertaking internal research for technological 189 development and demonstration. 190 (h) Undertaking activities to verify or maintain the 191 quality or safety of a service or device that is owned, 192 manufactured, manufactured for, or controlled by the business, 193 and to improve, upgrade, or enhance the service or device that 194 is owned, manufactured, manufactured for, or controlled by the 195 business. 196 (6) “Categories” or “category” means the items of personal 197 identifying information specified as being included as personal 198 information under subsection (18). 199 (7) “Collects,” “collected,” or “collection” means buying, 200 renting, gathering, obtaining, receiving, or accessing by any 201 means any personal information pertaining to a consumer. The 202 term includes receiving information from the consumer, either 203 actively or passively, or by observing the consumer’s behavior. 204 (8) “Commercial purposes” means to advance a person’s 205 commercial or economic interests, such as by inducing another 206 person to buy, rent, lease, join, subscribe to, provide, or 207 exchange products, goods, property, information, or services or 208 enabling or effecting, directly or indirectly, a commercial 209 transaction. The term does not include engaging in speech that 210 state or federal courts have recognized as noncommercial speech, 211 including political speech and journalism. 212 (9) “Consumer” means a natural person, however identified, 213 including identification by a unique identifier, who is in this 214 state for other than a temporary or transitory purpose. The term 215 does not include any other natural person who is a nonresident. 216 (10) “De-identified” means information: 217 (a) That cannot reasonably identify, relate to, describe, 218 be associated with, or be linked directly or indirectly to a 219 particular consumer or device; 220 (b) Containing data that the business has taken reasonable 221 measures to ensure could not be reidentified; 222 (c) Containing data that the business publicly commits to 223 maintain and use in a de-identified fashion and that it does not 224 attempt to reidentify; and 225 (d) Containing data that the business contractually 226 prohibits downstream recipients from attempting to reidentify. 227 (11) “Designated request address” means an electronic mail 228 address, a toll-free telephone number, or a website established 229 by a business through which a consumer may submit a verified 230 request to the business. 231 (12) “Device” means a physical object capable of directly 232 or indirectly connecting to the Internet. 233 (13) “Home page” means the introductory page of an Internet 234 website and any Internet web page where personal information is 235 collected. In the case of an online service, such as a mobile 236 application, the term means the application’s platform page or 237 download page; a link within the application, such as from the 238 application configuration, “about,” “information,” or settings 239 page; and any other location that allows consumers to review the 240 notices required by this act, at any time, including, but not 241 limited to, before downloading the application. 242 (14) “Household” means a person or group of persons living 243 together or sharing living quarters who are or are not related. 244 (15) “Intentional interaction” or “intentionally 245 interacting” means the consumer intends to interact with or 246 disclose personal information to a person through one or more 247 deliberate interactions, including visiting the person’s website 248 or purchasing a good or service from the person. The term does 249 not include hovering over, muting, pausing, or closing a given 250 piece of content. 251 (16) “Nonpersonalized advertising” means advertising and 252 marketing that is based solely on a consumer’s personal 253 information derived from the consumer’s current interaction with 254 the business, with the exception of the consumer’s precise 255 geolocation. 256 (17) “Person” means an individual, a proprietorship, a 257 firm, a partnership, a joint venture, a syndicate, a business 258 trust, a company, a corporation, a limited liability company, an 259 association, a committee, and any other organization or group of 260 persons acting in concert. 261 (18) “Personal information” means information that 262 identifies, relates to, describes, is reasonably capable of 263 being associated with, or could reasonably be linked, directly 264 or indirectly, with a particular consumer or household. 265 (a) The term includes, but is not limited to, all of the 266 following items of personal identifying information about a 267 consumer collected and maintained by a person or business: 268 1. A first and last name. 269 2. A home or other physical address that includes the name 270 of a street and the name of a city or town. 271 3. An electronic mail address. 272 4. A telephone number. 273 5. A social security number. 274 6. An identifier such as an alias, a unique personal 275 identifier, an online identifier, an Internet protocol address, 276 an account name, a driver license number, a passport number, or 277 other similar identifiers. 278 7. Biometric information, such as DNA or fingerprints or 279 any other biometric information collected by a business about a 280 consumer without the consumer’s knowledge. 281 8. Internet or other electronic network activity 282 information, including, but not limited to, browsing history, 283 search history, and information regarding a consumer’s 284 interaction with a website, an application, or an advertisement. 285 9. Audio, electronic, visual, thermal, olfactory, 286 geolocation, or similar information. 287 10. Professional or employment-related information. 288 11. Education information, defined as only information that 289 is not publicly available. 290 12. Inferences drawn from any information specified in this 291 paragraph which can create a profile about a consumer reflecting 292 the consumer’s preferences, characteristics, psychological 293 trends, predispositions, behavior, attitudes, intelligence, 294 abilities, and aptitudes. 295 13. Any other information that may serve as a probabilistic 296 identifier concerning a consumer which is collected from the 297 consumer through a website, an online service, or some other 298 means by the business and maintained by the business in 299 combination with an identifier in a form that, when used 300 together with the information, identifies the consumer. 301 14. Characteristics of protected classifications under 302 state or federal law. 303 15. Commercial information, including records of personal 304 property; products or services purchased, obtained, or 305 considered; or other purchasing or consuming histories or 306 tendencies. 307 16. Geolocation data. 308 (b) The term does not include: 309 1. Information about a consumer obtained from public 310 records, including information that is lawfully made available 311 from federal, state, or local governmental records; information 312 that a business has a reasonable basis to believe is lawfully 313 made available to the general public by the consumer or from 314 widely distributed media; or lawfully obtained, truthful 315 information that is a matter of public concern. 316 2. Consumer information that is de-identified or aggregate 317 consumer information that relates to a group or category of 318 consumers from which individual consumer identities have been 319 removed. 320 (19) “Probabilistic identifier” means the identification of 321 a consumer or a device to a degree of certainty more probable 322 than not, based on any categories of personal information 323 included in or similar to the items of personal identifying 324 information specified in subsection (18). 325 (20) “Processing” means any operation or set of operations 326 performed on personal information or on sets of personal 327 information, whether or not by automated means. 328 (21) “Profiling” means any form of automated processing 329 performed on personal data to evaluate, analyze, or predict 330 personal aspects related to an identified or identifiable 331 natural person’s economic situation, health, personal 332 preferences, interests, reliability, behavior, location, or 333 movements. 334 (22) “Security and integrity” means the ability of a: 335 (a) Network or information system to detect security 336 incidents that compromise the availability, authenticity, 337 integrity, and confidentiality of stored or transmitted personal 338 information. 339 (b) Business to detect security incidents; to resist 340 malicious, deceptive, fraudulent, or illegal actions; and to 341 help prosecute those responsible for such actions. 342 (c) Business to ensure the physical safety of natural 343 persons. 344 (23) “Sell” means to sell, rent, release, disclose, 345 disseminate, make available, transfer, or otherwise communicate 346 orally, in writing, or by electronic or other means a consumer’s 347 personal information by a business to another business or a 348 third party for monetary or other valuable consideration. The 349 term does not include: 350 (a) The disclosure by a business, for a business purpose, 351 of a consumer’s personal information to another business or 352 third-party entity that processes the information for the 353 business; or 354 (b) The disclosure by a business, for the purpose of 355 providing a product or service requested or approved by a 356 consumer, of the consumer’s personal information to another 357 business or third-party entity. 358 (24) “Service provider” means a person who processes 359 personal information on behalf of a business to whom the 360 business discloses a consumer’s personal information for a 361 business purpose pursuant to a written or electronic contract if 362 the contract prohibits the person from: 363 (a) Selling the information; 364 (b) Retaining, using, or disclosing the personal 365 information for any purpose other than the business purposes 366 specified in the contract, including a prohibition on retaining, 367 using, or disclosing the personal information for a commercial 368 purpose other than the business purposes specified in the 369 contract with the business; 370 (c) Combining the personal information that the service 371 provider receives from or on behalf of the business with 372 personal information that the service provider receives from or 373 on behalf of another person or persons or collects from its own 374 interaction with consumers, provided that the service provider 375 may combine personal information to perform a business purpose; 376 and 377 (d) Retaining, using, or disclosing the information outside 378 of the direct business relationship between the service provider 379 and the business. 380 (25) “Targeted advertising” means displaying an 381 advertisement to a consumer when the advertisement is selected 382 based on personal data obtained from a consumer’s activities 383 over time and across businesses, websites, or online 384 applications other than the business, website, or online 385 application with which the consumer is intentionally 386 interacting, to predict such consumer’s preferences or 387 interests. The term does not include nonpersonalized 388 advertising. 389 (26) “Third party” means a person who is not any of the 390 following: 391 (a) The business with which the consumer intentionally 392 interacts which collects personal information from the consumer 393 as part of the consumer’s current interaction with the business. 394 (b) A service provider to the business. 395 (27) “Unique identifier” or “unique personal identifier” 396 means a persistent identifier that can be used to recognize a 397 consumer, a family, or a device linked to a consumer or family 398 over time and across different services, including, but not 399 limited to, a device identifier; an Internet protocol address; 400 cookies, beacons, pixel tags, mobile ad identifiers, or similar 401 technology; a customer number, unique pseudonym, or user alias; 402 telephone numbers; or other forms of persistent or probabilistic 403 identifiers that can be used to identify a particular consumer 404 or device that is linked to a consumer or family. For purposes 405 of this subsection, the term “family” means a custodial parent 406 or guardian and any minor children of which the parent or 407 guardian has custody. 408 (28) “Verified request” means a request submitted by a 409 consumer, by a consumer on behalf of the consumer’s minor child, 410 or by a natural person or a person registered with the Secretary 411 of State, who is authorized by the consumer to act on the 412 consumer’s behalf, to a business for which the business can 413 reasonably verify the authenticity of the request. 414 Section 4. Section 501.1745, Florida Statutes, is created 415 to read: 416 501.1745 General duties of businesses that collect personal 417 information.— 418 (1)(a) A business that controls the collection of a 419 consumer’s personal information that will be used for any 420 purpose other than a business purpose, at or before the point of 421 collection, shall inform consumers of all of the following: 422 1. The purposes for which each category of personal 423 information is collected or used and whether that information is 424 sold. A business may not collect additional categories of 425 personal information, or use collected personal information for 426 additional purposes that are incompatible with the disclosed 427 purpose for which the personal information was collected, 428 without providing the consumer with notice consistent with this 429 section. 430 2. The length of time the business intends to retain each 431 category of personal information or, if that is not possible, 432 the criteria used to determine such period, provided that a 433 business may not retain a consumer’s personal information for 434 each disclosed purpose for which the personal information was 435 collected for longer than is reasonably necessary for that 436 disclosed purpose. 437 (b) A business that collects personal information about, 438 but not directly from, consumers may provide the required 439 information on its Internet home page or in its online privacy 440 policy. 441 (2) A business’ collection, use, retention, and sharing of 442 a consumer’s personal information must be reasonably necessary 443 to achieve, and proportionate to the benefit of achieving, the 444 purposes for which the personal information was collected or 445 processed, and such information may not be further processed in 446 a manner that is incompatible with those purposes. 447 (3) A business that collects a consumer’s personal 448 information shall implement reasonable security procedures and 449 practices appropriate to the nature of the personal information 450 to protect the personal information from unauthorized or illegal 451 access, destruction, use, modification, or disclosure. 452 (4) A business that collects a consumer’s personal 453 information and discloses it to a service provider for a 454 business purpose shall enter into an agreement with such service 455 provider which obligates the service provider to comply with 456 applicable obligations under this act and to provide the same 457 level of privacy protection as is required by this act. If a 458 service provider engages any other person to assist it in 459 processing personal information for a business purpose on behalf 460 of the business, or if any other person engaged by the service 461 provider engages another person to assist in processing personal 462 information for that business purpose, the provider or person 463 must notify the business of that engagement, and the engagement 464 must be pursuant to a written contract that includes the 465 prohibitions described in s. 501.174(24) and a certification 466 made by the person receiving the personal information that he or 467 she understands the restrictions under this act and will comply 468 with them. 469 (5) A business may not process sensitive data concerning a 470 consumer without obtaining the consumer’s consent or, in the 471 case of the processing of sensitive data concerning a known 472 child, without processing such data in accordance with the 473 federal Children’s Online Privacy Protection Act, 15 U.S.C. s. 474 6501 et. seq. 475 Section 5. Section 501.175, Florida Statutes, is created to 476 read: 477 501.175 Use of personal information; third parties; other 478 rights.— 479 (1)(a) A consumer has the right, at any time, to direct a 480 business that sells personal information about the consumer not 481 to sell the consumer’s personal information. This right may be 482 referred to as the right to opt out of the sale. 483 (b) As part of the right to opt out of the sale of his or 484 her personal information, a consumer has the right, at any time, 485 to opt out of the processing of the consumer’s personal data for 486 purposes of targeted advertising or profiling. However, this 487 paragraph may not be construed to prohibit the business that 488 collected the consumer’s personal information from: 489 1. Offering a different price, rate, level, quality, or 490 selection of goods or services to a consumer, including offering 491 goods or services for no fee, if the consumer has opted out of 492 targeted advertising or the sale of his or her personal 493 information; or 494 2. Offering a loyalty, reward, premium feature, discount, 495 or club card program. 496 (c) A business that charges or offers a different price, 497 rate, level, quality, or selection of goods or services to a 498 consumer who has opted out of targeted advertising or the sale 499 of his or her personal information, or that offers goods or 500 services for no fee, shall ensure that such charge or offer is: 501 1. Reasonably related to the value provided to the business 502 by the consumer’s data; and 503 2. Not unjust, unreasonable, coercive, or usurious. 504 (2) A business that sells consumers’ personal information 505 shall provide notice to consumers that the information may be 506 sold and that consumers have the right to opt out of the sale of 507 their personal information. 508 (3) A business that sells consumer information and that has 509 received direction from a consumer not to sell the consumer’s 510 personal information or, in the case of a minor consumer’s 511 personal information, has not received consent to sell the minor 512 consumer’s personal information, is prohibited from selling the 513 consumer’s personal information after the business receives the 514 consumer’s direction, unless the consumer subsequently provides 515 express authorization for the sale of the consumer’s personal 516 information. A business that is able to authenticate the 517 consumer, for example, by the consumer logging in, or that uses 518 some other unique identifier for the consumer, must comply with 519 any privacy preferences the consumer previously directed. The 520 business may not require the consumer to declare privacy 521 preferences every time the consumer visits the business’ website 522 or uses the business’ online services. 523 (4)(a) Notwithstanding subsection (1), a business may not 524 sell the personal information of consumers if the business has 525 actual knowledge that the consumer is younger than 16 years of 526 age, unless: 527 1. The consumer, in the case of consumers between 13 and 16 528 years of age, has affirmatively authorized the sale of the 529 consumer’s personal information; or 530 2. The consumer’s parent or guardian, in the case of 531 consumers who are younger than 13 years of age, has 532 affirmatively authorized the sale of the consumer’s personal 533 information. 534 (b) This right may be referred to as the right to opt in. 535 (c) A business that willfully disregards the consumer’s age 536 is deemed to have actual knowledge of the consumer’s age. 537 (d) A business that complies with the verifiable parental 538 consent requirements of the Children’s Online Privacy Protection 539 Act, 15 U.S.C. s. 6501 et seq., shall be deemed compliant with 540 any obligation to obtain parental consent. 541 (5) A business that is required to comply with this section 542 shall, in a form that is reasonably accessible to consumers, do 543 all of the following: 544 (a) Provide a clear and conspicuous link on the business’ 545 Internet home page, titled “Do Not Sell My Personal 546 Information,” to a web page that enables a consumer or a person 547 authorized by the consumer to opt out of the sale of the 548 consumer’s personal information. A business may not require a 549 consumer to create an account in order to direct the business 550 not to sell the consumer’s information. 551 (b) Ensure that all individuals responsible for handling 552 consumer inquiries about the business’ privacy practices or the 553 business’ compliance with this section are informed of all 554 requirements of this section and how to direct consumers to 555 exercise their rights. 556 (c) For consumers who exercise their right to opt out of 557 the sale of their personal information, refrain from selling 558 personal information the business collected about the consumer 559 as soon as reasonably possible but no longer than 2 business 560 days after receiving the request to opt out. 561 (d) For consumers who have opted out of the sale of their 562 personal information, respect the consumer’s decision to opt out 563 for at least 12 months before requesting that the consumer 564 authorize the sale of the consumer’s personal information. 565 (e) Use any personal information collected from the 566 consumer in connection with the submission of the consumer’s 567 opt-out request solely for the purposes of complying with the 568 opt-out request. 569 (f) Ensure that consumers have the right to submit a 570 verified request for certain information from a business, 571 including the categories of sources from which the consumer’s 572 personal information was collected, the specific items of 573 personal information it has collected about the consumer, and 574 the categories of any third parties to whom the personal 575 information was sold. 576 (6) Consumers have the right to submit a verified request 577 that personal information that has been collected from the 578 consumer be deleted. A business shall notify a third party to 579 delete any consumer information bought or sold. 580 (7) A business, or a service provider acting pursuant to 581 its contract with the business or another service provider, is 582 not required to comply with a consumer’s verified request to 583 delete the consumer’s personal information if it is necessary 584 for the business or service provider to maintain the consumer’s 585 personal information in order to do any of the following: 586 (a) Complete the transaction for which the personal 587 information was collected, fulfill the terms of a written 588 warranty or product recall conducted in accordance with federal 589 law, provide a good or service requested by the consumer, or 590 otherwise perform a contract between the business and the 591 consumer. 592 (b) Help to ensure security and integrity to the extent 593 that the use of the consumer’s personal information is 594 reasonably necessary and proportionate for those purposes. 595 (c) Debug to identify and repair errors that impair 596 existing intended functionality. 597 (d) Exercise free speech, ensure the right of another 598 consumer to exercise that consumer’s right of free speech, or 599 exercise another right provided for by law. 600 (e) Engage in public or peer-reviewed scientific, 601 historical, or statistical research that conforms or adheres to 602 all other applicable ethics and privacy laws, when the business’ 603 deletion of the information is likely to render impossible or 604 seriously impair the ability to complete such research, if the 605 consumer has provided informed consent. 606 (f) Comply with a legal obligation. 607 (8) Consumers have the right to submit a verified request 608 for correction of their personal information held by a business 609 if that information is inaccurate. 610 (9) This section may not be construed to require a business 611 to comply by doing any of the following: 612 (a) Including any required links and text on the home page 613 that the business makes available to the public generally, if: 614 1. The business maintains a separate and additional home 615 page that is dedicated to consumers in this state and includes 616 the required links and text; and 617 2. The business takes reasonable steps to ensure that 618 consumers in this state are directed to the home page for 619 consumers in this state and not the home page made available to 620 the public generally. 621 (b) Reidentifying or otherwise linking information that is 622 not maintained in a manner that would be considered personal 623 information; retaining any personal information about a consumer 624 if, in the ordinary course of business, that information would 625 not be retained; maintaining information in identifiable, 626 linkable, or associable form; or collecting, obtaining, 627 retaining, or accessing any data or technology in order to be 628 capable of linking or associating a verifiable consumer request 629 with personal information. 630 (10) A consumer may authorize another person to opt out of 631 the sale of the consumer’s personal information. A business 632 shall comply with an opt-out request received from a person 633 authorized by the consumer to act on the consumer’s behalf, 634 including a request received through a user-enabled global 635 privacy control, such as a browser plug-in or privacy setting, 636 device setting, or other mechanism, which communicates or 637 signals the consumer’s choice to opt out, and may not require a 638 consumer to make a verified request to opt out of the sale of 639 his or her information. 640 (11) Each business shall establish a designated request 641 address through which a consumer may submit a request to 642 exercise his or her rights under this act. 643 (12)(a) A business that receives a verified request: 644 1. For a consumer’s personal information shall disclose to 645 the consumer any personal information about the consumer which 646 it has collected since July 1, 2022, directly or indirectly, 647 including through or by a service provider. 648 2. To correct a consumer’s inaccurate personal information 649 shall correct the inaccurate personal information. 650 3. To delete a consumer’s personal information shall delete 651 such personal information. 652 (b) A service provider is not required to personally comply 653 with a verified request received directly from a consumer or a 654 consumer’s authorized agent to the extent that the service 655 provider has collected personal information about the consumer 656 in its role as a service provider. A service provider shall 657 provide assistance to a business with which it has a contractual 658 relationship with respect to the business’ response to a 659 verifiable consumer request, including, but not limited to, by 660 providing to the business the consumer’s personal information in 661 the service provider’s possession which the service provider 662 obtained as a result of providing services to the business. 663 (c) At the direction of the business, a service provider 664 shall correct inaccurate personal information or delete personal 665 information, or enable the business to do the same, and shall 666 direct any service providers who may have accessed such personal 667 information from or through the service provider to correct or 668 delete the consumer’s personal information, as applicable. 669 (d) A business shall comply with a verified request 670 submitted by a consumer to access, correct, or delete personal 671 information within 30 days after the date the request is 672 submitted. A business may extend such period by up to 30 days if 673 the business, in good faith, determines that such an extension 674 is reasonably necessary. A business that extends the period 675 shall notify the consumer of the necessity of an extension. 676 (13) A business shall comply with a consumer’s previous 677 expressed decision to opt out of the sale of his or her personal 678 information without requiring the consumer to take any 679 additional action if: 680 (a) The business is able to identify the consumer through a 681 login protocol or any other process the business uses to 682 identify consumers and the consumer has previously exercised his 683 or her right to opt out of the sale of his or her personal 684 information; or 685 (b) The business is aware of the consumer’s desire to opt 686 out of the sale of his or her personal information through the 687 use of a user-enabled global privacy control, such as a browser, 688 browser instruction, plug-in or privacy setting, device setting, 689 application, service, or other mechanism, which communicates or 690 signals the consumer’s choice to opt out. 691 (14) A business shall make available, in a manner 692 reasonably accessible to consumers whose personal information 693 the business collects through its website or online service, a 694 notice that does all of the following: 695 (a) Identifies the categories of personal information that 696 the business collects through its website or online service 697 about consumers who use or visit the website or online service 698 and the categories of third parties with whom the business may 699 share such personal information. 700 (b) Provides a description of the process, if applicable, 701 for a consumer who uses or visits the website or online service 702 to review and request changes to any of his or her personal 703 information that is collected through the website or online 704 service. 705 (c) Describes the process by which the business notifies 706 consumers who use or visit the website or online service of 707 material changes to the notice. 708 (d) Discloses whether a third party may collect personal 709 information about a consumer’s online activities over time and 710 across different websites or online services when the consumer 711 uses the business’ website or online service. 712 (e) States the effective date of the notice. 713 (15) If a request from a consumer is manifestly unfounded 714 or excessive, in particular because of the request’s repetitive 715 character, a business may either charge a reasonable fee, taking 716 into account the administrative costs of providing the 717 information or communication or taking the action requested, or 718 refuse to act on the request and notify the consumer of the 719 reason for refusing the request. The business bears the burden 720 of demonstrating that any verified consumer request is 721 manifestly unfounded or excessive. 722 (16) A business that discloses personal information to a 723 service provider is not liable under this act if the service 724 provider receiving the personal information uses it in violation 725 of the restrictions set forth in the act, provided that, at the 726 time of disclosing the personal information, the business does 727 not have actual knowledge, or reason to believe, that the 728 service provider intends to commit such a violation. A service 729 provider is likewise not liable under this act for the 730 obligations of a business for which it provides services as set 731 forth in this act. 732 (17) The rights afforded to consumers and the obligations 733 imposed on a business in this act may not adversely affect the 734 rights and freedoms of other consumers. Notwithstanding 735 subsection (7), a verified request for specific items of 736 personal information, to delete a consumer’s personal 737 information, or to correct inaccurate personal information does 738 not extend to personal information about the consumer which 739 belongs to, or which the business maintains on behalf of, 740 another natural person. 741 Section 6. Section 501.176, Florida Statutes, is created to 742 read: 743 501.176 Scope; exclusions.— 744 (1) The obligations imposed on a business by this act do 745 not restrict a business’ ability to do any of the following: 746 (a) Comply with federal, state, or local laws. 747 (b) Comply with a civil, criminal, or regulatory inquiry or 748 an investigation, a subpoena, or a summons by federal, state, or 749 local authorities. 750 (c) Cooperate with law enforcement agencies concerning 751 conduct or activity that the business, service provider, or 752 third party reasonably and in good faith believes may violate 753 federal, state, or local law. 754 (d) Exercise or defend legal claims. 755 (e) Collect, use, retain, sell, or disclose consumer 756 information that is de-identified or in the aggregate consumer 757 information that relates to a group or category of consumers 758 from which individual consumer identities have been removed. 759 (f) Collect or sell a consumer’s personal information if 760 every aspect of that commercial conduct takes place wholly 761 outside of this state. For purposes of this act, commercial 762 conduct takes place wholly outside of this state if the business 763 collected that information while the consumer was outside of 764 this state, no part of the sale of the consumer’s personal 765 information occurred in this state, and no personal information 766 collected while the consumer was in this state is sold. This 767 paragraph does not permit a business to store, including on a 768 device, personal information about a consumer when the consumer 769 is in this state and then to collect that personal information 770 when the consumer and stored personal information are outside of 771 this state. 772 (2) This act does not apply to any of the following: 773 (a) A business that collects or discloses the personal 774 information of its employees, owners, directors, officers, job 775 applicants, interns, or volunteers, so long as the business is 776 collecting or disclosing such information only to the extent 777 reasonable and necessary within the scope of the role the 778 business has in relation to each class of listed individuals. 779 (b) A business, service provider, or third party that 780 collects the personal information of an individual: 781 1. Who applies to, is or was previously employed by, or 782 acts as an agent of the business, service provider, or third 783 party, to the extent that the personal information is collected 784 and used in a manner related to or arising from the individual’s 785 employment status; or 786 2. To administer benefits for another individual and the 787 personal information is used to administer those benefits. 788 (c) A business that enters into a contract with an 789 independent contractor and collects or discloses personal 790 information about the contractor reasonably necessary to either 791 enter into or to fulfill the contract when the contracted 792 services would not defeat the purposes of this act. 793 (d) Protected health information for purposes of the 794 federal Health Insurance Portability and Accountability Act of 795 1996 and related regulations, and patient identifying 796 information for purposes of 42 C.F.R. part 2, established 797 pursuant to 42 U.S.C. s. 290dd-2. 798 (e) A covered entity or business associate governed by the 799 privacy, security, and breach notification rules issued by the 800 United States Department of Health and Human Services in 45 801 C.F.R. parts 160 and 164, or a program or a qualified service 802 program defined in 42 C.F.R. part 2, to the extent the covered 803 entity, business associate, or program maintains personal 804 information in the same manner as medical information or 805 protected health information as described in paragraph (d). 806 (f) Identifiable private information collected for purposes 807 of research as defined in 45 C.F.R. s. 164.501 conducted in 808 accordance with the Federal Policy for the Protection of Human 809 Subjects for purposes of 45 C.F.R. part 46, the good clinical 810 practice guidelines issued by the International Council for 811 Harmonisation of Technical Requirements for Pharmaceuticals for 812 Human Use, or the Protection for Human Subjects for purposes of 813 21 C.F.R. parts 50 and 56; or personal information used or 814 shared in research conducted in accordance with one or more of 815 these standards. 816 (g) Information and documents created for purposes of the 817 federal Health Care Quality Improvement Act of 1986 and related 818 regulations, or patient safety work product for purposes of 42 819 C.F.R. part 3, established pursuant to 42 U.S.C. s. 299b-21 820 through 299b-26. 821 (h) Information that is de-identified in accordance with 45 822 C.F.R. part 164 and that is derived from individually 823 identifiable health information, as described in the Health 824 Insurance Portability and Accountability Act of 1996, or 825 identifiable personal information, consistent with the Federal 826 Policy for the Protection of Human Subjects or the human subject 827 protection requirements of the United States Food and Drug 828 Administration or the good clinical practice guidelines issued 829 by the International Council for Harmonisation. 830 (i) Information collected as part of a clinical trial 831 subject to the Federal Policy for the Protection of Human 832 Subjects pursuant to good clinical practice guidelines issued by 833 the International Council for Harmonisation of Technical 834 Requirements for Pharmaceuticals for Human Use or pursuant to 835 human subject protection requirements of the United States Food 836 and Drug Administration. 837 (j) The sale of personal information to or from a consumer 838 reporting agency if that information is to be reported in or 839 used to generate a consumer report as defined by 15 U.S.C. s. 840 1681(a), and if the use of that information is limited by the 841 federal Fair Credit Reporting Act, 15 U.S.C. s. 1681 et seq. 842 (k) Personal information collected, processed, sold, or 843 disclosed pursuant to the federal Gramm-Leach-Bliley Act, 15 844 U.S.C. s. 6801 et seq. and implementing regulations. 845 (l) Personal information collected, processed, sold, or 846 disclosed pursuant to the Farm Credit Act of 1971, as amended in 847 12 U.S.C. s. 2001-2279cc and implementing regulations. 848 (m) Personal information collected, processed, sold, or 849 disclosed pursuant to the federal Driver’s Privacy Protection 850 Act of 1994, 18 U.S.C. s. 2721 et seq. 851 (n) Education information covered by the federal Family 852 Educational Rights and Privacy Act, 20 U.S.C. s. 1232g and 34 853 C.F.R. part 99. 854 (o) Personal information collected, processed, sold, or 855 disclosed in relation to price, route, or service as those terms 856 are used in the federal Airline Deregulation Act, 49 U.S.C. s. 857 40101 et seq., by entities subject to the federal Airline 858 Deregulation Act, to the extent the provisions of this act are 859 preempted by s. 41713 of the federal Airline Deregulation Act. 860 (p) Vehicle information or ownership information retained 861 or shared between a new motor vehicle dealer and the vehicle’s 862 manufacturer if the vehicle or ownership information is shared 863 for the purpose of effectuating, or in anticipation of 864 effectuating, a vehicle repair covered by a vehicle warranty or 865 a recall conducted pursuant to 49 U.S.C. s. 30118-30120, 866 provided that the new motor vehicle dealer or vehicle 867 manufacturer with which that vehicle information or ownership 868 information is shared does not sell, share, or use that 869 information for any other purpose. As used in this paragraph, 870 the term “vehicle information” means the vehicle information 871 number, make, model, year, and odometer reading, and the term 872 “ownership information” means the name or names of the 873 registered owner or owners and the contact information for the 874 owner or owners. 875 Section 7. Section 501.177, Florida Statutes, is created to 876 read: 877 501.177 Enforcement; Attorney General; rules.— 878 (1) The Department of Legal Affairs may adopt rules to 879 implement this section. If the department has reason to believe 880 that any business, service provider, or other person or entity 881 is in violation of this act and that proceedings would be in the 882 public interest, the department may institute an appropriate 883 legal proceeding against such party. 884 (2) After the department has notified a business in writing 885 of an alleged violation, the department may grant the business a 886 30-day period to cure the alleged violation. The department may 887 consider the number of violations, the substantial likelihood of 888 injury to the public, or the safety of persons or property when 889 determining whether to grant 30 days to cure an alleged 890 violation. If the business cures the alleged violation to the 891 satisfaction of the department and provides proof of such cure 892 to the department, the department may issue a letter of guidance 893 to the business which indicates that the business will not be 894 offered a 30-day cure period for any future violations. If the 895 business fails to cure the violation within 30 days, the 896 department may bring an action against the business for the 897 alleged violation. 898 (3) The trial court, upon a showing that any business, 899 service provider, or other person or entity is in violation of 900 this act, may take any of the following actions: 901 (a) Issue a temporary or permanent injunction. 902 (b) Impose a civil penalty of not more than $2,500 for each 903 unintentional violation or $7,500 for each intentional 904 violation. Such fines may be tripled if the violation involves a 905 consumer who is 16 years of age or younger. 906 (c) Award reasonable costs of enforcement, including 907 reasonable attorney fees and costs. 908 (d) Grant such other relief as the court may deem 909 appropriate. 910 Section 8. This act shall take effect July 1, 2022.