Florida 2021 Regular Session Status: Passed House

HB 971 — Pub.Rec./Consumer Data Privacy

Last action — Died in returning Messages

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Pub.Rec./Consumer Data Privacy; Provides exemption from public records requirements for information relating to investigations by DLA & law enforcement agencies of certain data privacy violations; provides for future legislative review & repeal of exemption; provides statement of public necessity.

Bill Text

What changed in the latest version

102 added · 105 removed

102 line(s) added, 105 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 971 2021 A bill to be entitled An act relating to public records;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 971 2021 A bill to be entitled An act relating to public records;
Subsection (13) is added to section 501.173, Florida Statutes, as created by CS/CS/CS/HB 969, 2021 Regular Session, to read:
Subsection (14) is added to section 501.173, Florida Statutes, as created by HB 969, 2021 Regular Session, to read:
501.173 Consumer data privacy.— (13) PUBLIC RECORDS EXEMPTION.— (a) All information received by the department pursuant to a notification of a violation under this section, or received by the department pursuant to an investigation by the department or a law enforcement agency of a violation of this section, is confidential and exempt from s.
501.173 Consumer data privacy.— (14) PUBLIC RECORDS EXEMPTION.— (a) All information received by the department pursuant to a notification of a violation under this section, or received by the department pursuant to an investigation by the department or a law enforcement agency of a violation of this section, is confidential and exempt from s.
I of the State Constitution, until such time as the investigation is completed or ceases to be active.
I of the State Constitution, until such time as the investigation Page 1 of 6 CODING:
This exemption shall be Page 1 of 6 CODING:
hb0971-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 971 2021 construed in conformity with s.
hb0971-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 971 2021 is completed or ceases to be active.
This exemption shall be construed in conformity with s.
4.
Page 2 of 6 CODING:
Information that would otherwise reveal weaknesses in Page 2 of 6 CODING:
hb0971-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 971 2021 the data security of a controller, processor, or person.
hb0971-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 971 2021 4.
Information that would otherwise reveal weaknesses in a business's data security.
Information that would disclose the proprietary information of a controller, processor, or person.
Information that would disclose a business's proprietary information.
Is owned or controlled by the controller, processor, or person.
Is owned or controlled by the business.
Is intended to be private and is treated by the controller, processor, or person as private because disclosure would harm the controller, processor, or person or its business operations.
Is intended to be private and is treated by the business as private because disclosure would harm the business or its business operations.
Competitive interests, the disclosure of which would impair the competitive advantage of the controller, processor, or person who is the subject of the information.
Competitive interests, the disclosure of which would impair the competitive advantage of the business who is the subject of the information.
119.15 and shall stand repealed on October 2, 2027, unless reviewed and saved from Page 3 of 6 CODING:
119.15 and shall stand repealed on October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature.
Page 3 of 6 CODING:
hb0971-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 971 2021 repeal through reenactment by the Legislature.
hb0971-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 971 2021 Section 2.
Section 2.
501.173, Florida Page 4 of 6 CODING:
501.173, Florida Statutes, is likely to result in the gathering of sensitive Page 4 of 6 CODING:
hb0971-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 971 2021 Statutes, is likely to result in the gathering of sensitive personal information, including identification numbers, unique identifiers, professional or employment-related information, and personal financial information.
hb0971-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 971 2021 personal information, including identification numbers, unique identifiers, professional or employment-related information, and personal financial information.
Allowing public access to proprietary information, including a trade secret, through a public records request could destroy the value of the proprietary information and cause a financial loss to the controller, processor, or person submitting the information.
Allowing public access to proprietary information, including a trade secret, through a public records request could destroy the value of the proprietary information and cause a financial loss to the business submitting the information.
(5) Information received by the department may contain a computer forensic report or information that could reveal weaknesses in the data security of a controller, processor, or person.
(5) Information received by the department may contain a computer forensic report or information that could reveal weaknesses in a business's data security.
The release of this information could result in the Page 5 of 6 CODING:
The release of this information could result in the identification of Page 5 of 6 CODING:
hb0971-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 971 2021 identification of vulnerabilities in the cybersecurity system of the controller, processor, or person and be used to harm the controller, processor, or person and clients.
hb0971-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 971 2021 vulnerabilities in the business's cybersecurity system and be used to harm the business and the business's clients.
This act shall take effect on the same date that CS/CS/CS/HB 969 or similar legislation takes effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes a law.
This act shall take effect on the same date that HB 969 or similar legislation takes effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes a law.
hb0971-02-c2
hb0971-01-c1
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Action History

  1. Died in returning Messages

  2. In Messages

  3. CS passed as amended; YEAS 31 NAYS 9

  4. Read 3rd time

  5. Placed on 3rd reading

  6. Amendment(s) adopted (436096)

  7. Read 2nd time

  8. Substituted for SB 7064

  9. Placed on Calendar, on 2nd reading

  10. Withdrawn from Rules

  11. Received

  12. Referred to Rules

  13. In Messages

  14. Message sent to senate

  15. CS passed; YEAS 119, NAYS 0

  16. Read 3rd time

  17. Added to Third Reading Calendar

  18. Placed on 3rd reading

  19. Read 2nd time

  20. 1st Reading (Committee Substitute 2)

  21. Bill added to Special Order Calendar (4/20/2021)

  22. Bill referred to House Calendar

  23. CS Filed

  24. Laid on Table under Rule 7.18(a)

  25. Reported out of Commerce Committee

  26. Favorable with CS by Commerce Committee

  27. Added to Commerce Committee agenda

  28. Now in Commerce Committee

  29. Referred to Commerce Committee

  30. 1st Reading (Committee Substitute 1)

  31. CS Filed

  32. Laid on Table under Rule 7.18(a)

  33. Reported out of Government Operations Subcommittee

  34. Favorable with CS by Government Operations Subcommittee

  35. Added to Government Operations Subcommittee agenda

  36. Now in Government Operations Subcommittee

  37. Reported out of Regulatory Reform Subcommittee

  38. Favorable by Regulatory Reform Subcommittee

  39. Added to Regulatory Reform Subcommittee agenda

  40. 1st Reading (Original Filed Version)

  41. Now in Regulatory Reform Subcommittee

  42. Referred to Commerce Committee

  43. Referred to Government Operations Subcommittee

  44. Referred to Regulatory Reform Subcommittee

  45. Filed

Sponsors

  • Commerce Committee · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on · 2 voted No

Sponsors (1)

  • Commerce Committee

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 31 Yea · 9 Nay
Party YeaNayPresentNot Voting
Republican 13000
Unaffiliated 15700
Democrat 2200
No Party Affiliation 1000
Total 31900
% of votes cast 78%23%0%0%
How each member voted (40)
Member Party Vote
Diaz — Yea
Ausley — Yea
Farmer — Yea
Powell — Nay
Baxley — Yea
Gainer — Yea
Rodrigues — Yea
Bean — Yea
Gibson — Yea
Book — Nay
Stargel — Yea
Stewart — Yea
Bracy — Nay
Taddeo — Nay
Hutson — Yea
Thurston — Nay
Brandes — Nay
Torres — Nay
Broxson — Yea
Simpson — Yea
Perry — Yea
Cruz — Yea
Berman, Lori Democrat Nay
Jones, Shevrin D. "Shev" Democrat Nay
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Garcia, Ileana Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Passage, Third Reading

Passed 119 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 54000
Republican 45001
Democrat 20000
Total 119001
% of votes cast 99%0%0%1%
How each member voted (120)
Member Party Vote
Alexander — Yea
Aloupis — Yea
Geller — Yea
Altman — Yea
Goff-Marcil — Yea
Renner — Yea
Grant — Yea
Roach — Yea
Bell — Yea
Grieco — Yea
Beltran — Yea
Hage — Yea
Benjamin — Yea
Harding — Yea
Hardy — Yea
Rommel — Yea
Roth — Yea
Hawkins — Yea
Sabatini — Yea
Brown — Yea
Ingoglia — Yea
Silvers — Yea
Jenne — Yea
Bush — Yea
Byrd — Yea
Killebrew — Yea
Slosberg — Yea
Caruso — Yea
Casello — Yea
Latvala — Yea
Learned — Yea
Sprowls — Yea
Clemons — Yea
Stevenson — Yea
Diamond — Yea
Mariano — Yea
Toledo — Yea
Tomkow — Yea
Drake — Yea
DuBose — Yea
McCurdy — Yea
Duran — Yea
Willhite — Yea
Morales — Yea
Williams — Yea
Fernandez-Barquin — Yea
Williamson — Yea
Fetterhoff — Yea
Omphroy — Yea
Fine — Yea
Fischer — Yea
Payne — Yea
Zika — Yea
Thompson, Geraldine F. "Geri" — Yea
Arrington, Kristen Aston Democrat Yea
Bartleman, Robin Democrat Yea
Chambliss, Kevin D. Democrat Yea
Daley, Dan Democrat Yea
Davis, Tracie Democrat Yea
Driskell, Fentrice Democrat Yea
Eskamani, Dr. Anna V. Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Hunschofsky, Christine Democrat Yea
Joseph, Dotie Democrat Yea
Nixon, Angela "Angie" Democrat Yea
Rayner, Michele K. Democrat Yea
Robinson, Felicia Simone Democrat Yea
Skidmore, Kelly Democrat Yea
Smith, Carlos Guillermo Democrat Yea
Tant, Allison Democrat Yea
Woodson, Marie Paule Democrat Yea
Andrade, Robert Alexander "Alex" Republican Yea
Barnaby, Webster Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brannan III, Robert Charles "Chuck" Republican Not Voting
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
Busatta, Demi Republican Yea
Chaney, Linda Republican Yea
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Fabricio, Tom Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Grall, Erin Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Yea
Melo, Lauren Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Rodriguez, Ana Maria Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Trabulsy, Dana Republican Yea
Truenow, Keith L. Republican Yea
Trumbull, Jay Republican Yea
Tuck, Kaylee Republican Yea
Vacant Republican Yea
Valdés, Susan L. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable With Committee Substitute (Commerce Committee)

Passed 22 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 7002
Unaffiliated 13001
Democrat 2000
Total 22003
% of votes cast 88%0%0%12%
How each member voted (25)
Member Party Vote
Beltran — Yea
Brown — Yea
Clemons — Not Voting
Drake — Yea
Geller — Yea
Hage — Yea
Ingoglia — Yea
Latvala — Yea
Omphroy — Yea
Rommel — Yea
Silvers — Yea
Slosberg-King — Yea
Tomkow — Yea
Willhite — Yea
Daley, Dan Democrat Yea
Nixon, Angela "Angie" Democrat Yea
Barnaby, Webster Republican Yea
DiCeglie, Nick Republican Yea
Fabricio, Tom Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
McClure, Lawrence Republican Yea
Plakon, Rachel Saunders Republican Not Voting
Plasencia, Susan Republican Not Voting
Rodriguez, Ana Maria Republican Yea
Shoaf, Jason Republican Yea

Official roll call →

Favorable With Committee Substitute (Government Operations Subcommittee)

Passed 17 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 6000
Democrat 4000
Unaffiliated 7001
Total 17001
% of votes cast 94%0%0%6%
How each member voted (18)
Member Party Vote
Fischer — Yea
Hawkins — Not Voting
Killebrew — Yea
McCurdy — Yea
Roth — Yea
Slosberg-King — Yea
Stevenson — Yea
Zika — Yea
Chambliss, Kevin D. Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Skidmore, Kelly Democrat Yea
Smith, Carlos Guillermo Democrat Yea
Barnaby, Webster Republican Yea
Borrero, David Republican Yea
Garrison, Sam Republican Yea
McClure, Lawrence Republican Yea
Rizo, Alex Republican Yea
Shoaf, Jason Republican Yea

Official roll call →

Favorable (Regulatory Reform Subcommittee)

Passed 16 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 3000
Republican 7000
Unaffiliated 6000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Goff-Marcil — Yea
Grieco — Yea
Harding — Yea
Mariano — Yea
Rommel — Yea
Toledo — Yea
Daley, Dan Democrat Yea
Eskamani, Dr. Anna V. Democrat Yea
Nixon, Angela "Angie" Democrat Yea
Giallombardo, Mike Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Plakon, Rachel Saunders Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Rodriguez, Ana Maria Republican Yea
Sirois, Tyler I. Republican Yea

Official roll call →

Subjects

civil-rights technology
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Frequently asked questions

What does HB 971 do?
Pub.Rec./Consumer Data Privacy; Provides exemption from public records requirements for information relating to investigations by DLA & law enforcement agencies of certain data privacy violations; provides for future legislative review & repeal of exemption; provides statement of public necessity.
Who sponsors HB 971?
HB 971 is sponsored by Commerce Committee.
What is the current status of HB 971?
This bill died with 2021 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 971?
Track HB 971 free on One Click Politics — get push/email alerts when it moves.

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