Florida 2022 Regular Session Status: Passed House Bipartisan · 2 R · 1 D cosponsors

HB 9 — Consumer Data Privacy

Last action — Died in Judiciary

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

This bill died with 2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Consumer Data Privacy; Requires collectors to provide notice to consumers about data collection, sharing, & selling practices; provides consumers right to request data be disclosed, deleted, or corrected & to opt-in or opt-out of sale or sharing of data; provides nondiscrimination measures, methods for requesting data & opting-in or opting-out of sale or sharing of data, private cause of action, & enforcement; preempts regulation of consumer date collection, sharing, & selling to the state.

Bill Text

What changed in the latest version

855 added · 893 removed

855 line(s) added, 893 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/HB9 2022 A bill to be entitled An act relating to consumer data privacy;
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/HB9 2022 A bill to be entitled An act relating to consumer data privacy;
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hb0009-02-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/HB9 2022 specifying requirements for third parties with respect to consumer information acquired or used;
hb0009-01-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/HB9 2022 specifying requirements for third parties with respect to consumer information acquired or used;
requiring the department to Page 2of 35 CODING:
requiring the department to Page 2of 33 CODING:
hb0009-02-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/HB9 2022 submit an annual report to the Legislature;
hb0009-01-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/HB9 2022 submit an annual report to the Legislature;
501.173 Consumer data privacy.— (1) APPLICABILITY.—This section applies to any entity that meets the definition of controller, processor, or third party, and that buys, sells, or shares personal information of Florida consumers.
501.173 Consumer data privacy.— (1) APPLICABILITY.—This section does not apply to:
This section does not apply to entities that do not buy, sell, or share personal information of Florida consumers and such entities do not have to comply with this section.
(a) Personal information collected and transmitted that is necessary for the sole purpose of sharing such personal information with a financial service provider solely to facilitate short term, transactional payment processing for the purchase of products or services.
This section also does not apply to:
(a) Personal information collected and transmitted that is necessary for the sole purpose of sharing such personal information with a financial service provider solely to Page 3of 35 CODING:
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hb0009-02-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/HB9 2022 facilitate short term, transactional payment processing for the purchase of products or services.
(d) Compliance with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities.
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hb0009-01-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/HB9 2022 (d) Compliance with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities.
(h) Personal information of a person acting in the role of a job applicant, employee, owner, director, officer, contractor, Page 4of 35 CODING:
(h) Personal information of a person acting in the role of a job applicant, employee, owner, director, officer, contractor, volunteer, or intern of a controller, that is collected by a controller, to the extent the personal information is collected and used solely within the context of the person's role or former role with the controller.
(i) Protected health information for purposes of the federal Health Insurance Portability and Accountability Act of Page 4of 33 CODING:
hb0009-02-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/HB9 2022 volunteer, or intern of a controller, that is collected by a controller, to the extent the personal information is collected and used solely within the context of the person's role or former role with the controller.
hb0009-01-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/HB9 2022 1996 and related regulations, and patient identifying information for purposes of 42 C.F.R.
(i) Protected health information for purposes of the federal Health Insurance Portability and Accountability Act of 1996 and related regulations, and patient identifying information for purposes of 42 C.F.R.
164.501 conducted in accordance with the Federal Policy for the Page 5of 35 CODING:
164.501 conducted in accordance with the Federal Policy for the Protection of Human Subjects for purposes of 45 C.F.R.
part 46, the good clinical practice guidelines issued by the International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use, or the Protection for Human Subjects for purposes of 21 C.F.R.
parts 50 and 56, or personal information that is used or shared in Page 5of 33 CODING:
hb0009-02-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/HB9 2022 Protection of Human Subjects for purposes of 45 C.F.R.
hb0009-01-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/HB9 2022 research conducted in accordance with one or more of these standards.
part 46, the good clinical practice guidelines issued by the International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use, or the Protection for Human Subjects for purposes of 21 C.F.R.
parts 50 and 56, or personal information that is used or shared in research conducted in accordance with one or more of these standards.
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(p) Nonpublic personal information collected, processed, sold, or disclosed pursuant to the Gramm-Leach-Bliley Act, 15 U.S.C.
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hb0009-02-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/HB9 2022 (p) Nonpublic personal information collected, processed, sold, or disclosed pursuant to the Gramm-Leach-Bliley Act, 15 U.S.C.
6801 et seq., to the extent the financial institution maintains personal information in the same manner as nonpublic personal information as described in paragraph (p), and as long as such financial institution does not use personal information for targeted advertising with third parties and does not sell or share personal information to a third party unless such sale or sharing is covered by an exception under this section.
6801 et seq., to the extent the financial institution maintains personal information in the same Page 6of 33 CODING:
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hb0009-01-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/HB9 2022 manner as nonpublic personal information as described in paragraph (p), and as long as such financial institution does not use personal information for targeted advertising with third parties and does not sell or share personal information to a third party unless such sale or sharing is covered by an exception under this section.
Research with personal information must be subjected by the controller conducting the research to additional security controls that limit access to the research data to only those Page 7of 35 CODING:
Research with personal information must be subjected by the controller conducting the research to additional security controls that limit access to the research data to only those individuals necessary to carry out the research purpose and subsequently deidentified.
(u) Personal information disclosed for the purpose of responding to an alert of a present risk of harm to a person or property or prosecuting those responsible for that activity.
(v) Personal information that is disclosed when a consumer Page 7of 33 CODING:
hb0009-02-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/HB9 2022 individuals necessary to carry out the research purpose and subsequently deidentified.
hb0009-01-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/HB9 2022 uses or directs a controller to intentionally disclose information to a third party or uses the controller to intentionally interact with a third party.
(u) Personal information disclosed for the purpose of responding to an alert of a present risk of harm to a person or property or prosecuting those responsible for that activity.
(v) Personal information that is disclosed when a consumer uses or directs a controller to intentionally disclose information to a third party or uses the controller to intentionally interact with a third party.
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If a third party materially alters how it uses or shares the Page 8of 35 CODING:
If a third party materially alters how it uses or shares the personal information of a consumer in a manner that is materially inconsistent with the commitments or promises made at the time of collection, it shall provide prior notice of the new or changed practice to the consumer.
The notice must be sufficiently prominent and robust to ensure that consumers can easily exercise choices consistent with this section.
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hb0009-02-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/HB9 2022 personal information of a consumer in a manner that is materially inconsistent with the commitments or promises made at the time of collection, it shall provide prior notice of the new or changed practice to the consumer.
hb0009-01-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/HB9 2022 (2) DEFINITIONS.—As used in this section, the term:
The notice must be sufficiently prominent and robust to ensure that consumers can easily exercise choices consistent with this section.
(2) DEFINITIONS.—As used in this section, the term:
(b) "Biometric information" means an individual's physiological, biological, or behavioral characteristics that can be used, singly or in combination with each other or with other identifying data, to establish individual identity.
(b) "Biometric information" means an individual's physiological, biological, or behavioral characteristics, including an individual's deoxyribonucleic acid (DNA), that can be used, singly or in combination with each other or with other identifying data, to establish individual identity.
(c) "Collect" means to buy, rent, gather, obtain, receive, Page 9of 35 CODING:
(c) "Collect" means to buy, rent, gather, obtain, receive, or access any personal information pertaining to a consumer by any means.
The term includes, but is not limited to, actively or passively receiving information from the consumer or by observing the consumer's behavior or actions.
(d) "Consumer" means a natural person who resides in or is Page 9of 33 CODING:
hb0009-02-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/HB9 2022 or access any personal information pertaining to a consumer by any means.
hb0009-01-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/HB9 2022 domiciled in this state, however identified, including by any unique identifier, who is acting in a personal capacity or household context.
The term includes, but is not limited to, actively or passively receiving information from the consumer or by observing the consumer's behavior or actions.
(d) "Consumer" means a natural person who resides in or is domiciled in this state, however identified, including by any unique identifier, who is acting in a personal capacity or household context.
(I) Has global annual gross revenues in excess of $50 million, as adjusted in January of every odd-numbered year to Page 10 of35 CODING:
(I) Has global annual gross revenues in excess of $50 million, as adjusted in January of every odd-numbered year to reflect any increase in the Consumer Price Index.
(II) Annually buys, receives, sells, or shares the personal information of 50,000 or more consumers, households, and devices for the purpose of targeted advertising in conjunction with third parties or for a purpose that is not Page 10 of33 CODING:
hb0009-02-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/HB9 2022 reflect any increase in the Consumer Price Index.
hb0009-01-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/HB9 2022 listed under subsection (1).
(II) Annually buys, sells, or shares the personal information of 50,000 or more consumers, households, and devices for the purpose of targeted advertising in conjunction with third parties.
The 50,000 total only includes personal information that is bought, sold, or shared within the previous 12 months.
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1.
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hb0009-02-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/HB9 2022 1.
Maintains and uses the information in deidentified form and not to attempt to reidentify the information, except that the controller may attempt to reidentify the information solely for the purpose of determining whether its deidentification processes satisfy the requirements of this paragraph;
Maintains and uses the information in deidentified form and not to attempt to reidentify the information, except that the controller may attempt to reidentify the information solely for the purpose of determining whether its deidentification Page 11 of33 CODING:
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hb0009-01-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/HB9 2022 processes satisfy the requirements of this paragraph;
(i) "Genetic information" means an individual's deoxyribonucleic acid (DNA).
(i) "Homepage" means the introductory page of an Internet website and any Internet webpage where personal information is collected.
(j) "Homepage" means the introductory page of an Internet website and any Internet webpage where personal information is collected.
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(j) "Household" means a natural person or a group of people in this state who reside at the same address, share a common device or the same service provided by a controller, and are identified by a controller as sharing the same group account or unique identifier.
(k) "Personal information" means information that is linked or reasonably linkable to an identified or identifiable consumer or household, including biometric information and Page 12 of33 CODING:
hb0009-02-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/HB9 2022 (k) "Household" means a natural person or a group of people in this state who reside at the same address, share a common device or the same service provided by a controller, and are identified by a controller as sharing the same group account or unique identifier.
hb0009-01-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/HB9 2022 unique identifiers to the consumer.
(l) "Personal information" means information that is linked or reasonably linkable to an identified or identifiable consumer or household, including biometric information, genetic information, and unique identifiers to the consumer.
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(l) "Processing" means any operation or set of operations that are performed on personal information or on sets of personal information, whether or not by automated means.
(m) "Processor" means a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit or financial benefit of its shareholders or other owners, that processes information on behalf of a controller and to which the Page 13 of33 CODING:
hb0009-02-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/HB9 2022 (m) "Processing" means any operation or set of operations that are performed on personal information or on sets of personal information, whether or not by automated means.
hb0009-01-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/HB9 2022 controller discloses a consumer's personal information pursuant to a written contract, provided that the contract prohibits the entity receiving the information from retaining, using, or disclosing the personal information for any purpose other than for the specific purpose of performing the services specified in the contract for the controller, as permitted by this section.
(n) "Processor" means a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit or financial benefit of its shareholders or other owners, that processes information on behalf of a controller and to which the controller discloses a consumer's personal information pursuant to a written contract, provided that the contract prohibits the entity receiving the information from retaining, using, or disclosing the personal information for any purpose other than for the specific purpose of performing the services specified in the contract for the controller, as permitted by this section.
(n) "Sell" means to sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means, a consumer's personal information by a controller to another controller or a third party for monetary or other valuable consideration.
(o) "Sell" means to sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means, a consumer's personal information by a controller to another controller or a third party for monetary or other valuable consideration.
(o) "Share" means to share, rent, release, disclose, disseminate, make available, transfer, or access a consumer's personal information for advertising or marketing.
(p) "Share" means to share, rent, release, disclose, disseminate, make available, transfer, or access a consumer's personal information for advertising or marketing.
Allowing a third party to use or advertise or market to Page 14 of35 CODING:
Allowing a third party to use or advertise or market to a consumer based on a consumer's personal information without disclosure of the personal information to the third party.
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hb0009-02-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/HB9 2022 a consumer based on a consumer's personal information without disclosure of the personal information to the third party.
(q) "Targeted advertising" means marketing to a consumer or displaying an advertisement to a consumer when the advertisement is selected based on personal information used to predict such consumer's preferences or interests.
(p) "Targeted advertising" means marketing to a consumer or displaying an advertisement to a consumer when the Page 14 of33 CODING:
(r) "Third party" means a person who is not the controller or the processor.
(s) "Verifiable consumer request" means a request related to personal information that is made by a consumer, by a parent or guardian on behalf of a consumer who is a minor child, or by a person authorized by the consumer to act on the consumer's behalf, in a form that is reasonably and readily accessible to consumers and that the controller can reasonably verify to be the consumer, pursuant to rules adopted by the department.
(3) CONSUMER DATA COLLECTION REQUIREMENTS AND RESPONSIBILITIES.— (a) A controller that collects personal information about consumers shall maintain an up-to-date online privacy policy and make such policy available from its homepage.
The online privacy policy must include the following information:
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hb0009-02-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/HB9 2022 1.
hb0009-01-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/HB9 2022 advertisement is selected based on personal information used to predict such consumer's preferences or interests.
(q) "Third party" means a person who is not a controller or processor.
(r) "Verifiable consumer request" means a request related to personal information that is made by a consumer, by a parent or guardian on behalf of a consumer who is a minor child, or by a person authorized by the consumer to act on the consumer's behalf, in a form that is reasonably and readily accessible to consumers and that the controller can reasonably verify to be the consumer, pursuant to rules adopted by the department.
(3) CONSUMER DATA COLLECTION REQUIREMENTS AND RESPONSIBILITIES.— (a) A controller that collects personal information about consumers shall maintain an up-to-date online privacy policy and make such policy available from its homepage.
The online privacy policy must include the following information:
1.
(b) A controller that collects personal information shall, at or before the point of collection, inform, or direct the processor to inform, consumers of the categories of personal information to be collected and the purposes for which the categories of personal information will be used.
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hb0009-01-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/HB9 2022 (b) A controller that collects personal information shall, at or before the point of collection, inform, or direct the processor to inform, consumers of the categories of personal information to be collected and the purposes for which the categories of personal information will be used.
(e) A controller shall adopt and implement a retention schedule that prohibits the use or retention of personal Page 16 of35 CODING:
(e) A controller shall adopt and implement a retention schedule that prohibits the use or retention of personal information not subject to an exemption by the controller or processor after the satisfaction of the initial purpose for which such information was collected or obtained, after the expiration or termination of the contract pursuant to which the information was collected or obtained, or 3 years after the consumer's last interaction with the controller.
This paragraph does not apply to personal information reasonably used or retained to do any of the following:
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hb0009-02-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/HB9 2022 information not subject to an exemption by the controller or processor after the satisfaction of the initial purpose for which such information was collected or obtained, after the expiration or termination of the contract pursuant to which the information was collected or obtained, or 3 years after the consumer's last interaction with the controller.
hb0009-01-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/HB9 2022 1.
This paragraph does not apply to personal information reasonably used or retained to do any of the following:
1.
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws when the controller's deletion of the information is likely to render impossible or seriously impair the achievement of such research, Page 17 of35 CODING:
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws when the controller's deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent.
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hb0009-02-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/HB9 2022 if the consumer has provided informed consent.
As reasonably needed to protect the controller's interests against existing disputes, legal action, or governmental investigations.
As reasonably needed to protect the controller's Page 17 of33 CODING:
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hb0009-01-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/HB9 2022 interests against existing disputes, legal action, or governmental investigations.
The categories of personal information about the Page 18 of35 CODING:
The categories of personal information about the consumer that were disclosed to a processor.
(b) A controller that collects, sells, or shares personal information about a consumer shall disclose the information specified in paragraph (a) to the consumer upon receipt of a verifiable consumer request.
(c) This subsection does not require a controller to retain, reidentify, or otherwise link any data that, in the ordinary course of business is not maintained in a manner that Page 18 of33 CODING:
hb0009-02-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/HB9 2022 consumer that were disclosed to a processor.
hb0009-01-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/HB9 2022 would be considered personal information.
(b) A controller that collects, sells, or shares personal information about a consumer shall disclose the information specified in paragraph (a) to the consumer upon receipt of a verifiable consumer request.
(c) This subsection does not require a controller to retain, reidentify, or otherwise link any data that, in the ordinary course of business is not maintained in a manner that would be considered personal information.
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(f) This subsection does not apply to personal information relating solely to households.
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hb0009-02-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/HB9 2022 (f) This subsection does not apply to personal information relating solely to households.
A controller that receives a verifiable consumer request to delete the consumer's personal information shall delete the consumer's personal information from its records and direct any processors to delete such information within 90 calendar days of receipt of the verifiable consumer request.
A controller that receives a verifiable consumer Page 19 of33 CODING:
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hb0009-01-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/HB9 2022 request to delete the consumer's personal information shall delete the consumer's personal information from its records and direct any processors to delete such information within 90 calendar days of receipt of the verifiable consumer request.
Provide a good or service requested by the consumer, or reasonably anticipate the request of such good or service within the context of a controller's ongoing business relationship with Page 20 of35 CODING:
Provide a good or service requested by the consumer, or reasonably anticipate the request of such good or service within the context of a controller's ongoing business relationship with the consumer, or otherwise perform a contract between the controller and the consumer.
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hb0009-02-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/HB9 2022 the consumer, or otherwise perform a contract between the controller and the consumer.
f.
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hb0009-01-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/HB9 2022 f.
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(b) A consumer has the right to make a request to correct inaccurate personal information to a controller that maintains inaccurate personal information about the consumer.
A controller that receives a verifiable consumer request to correct inaccurate personal information shall use commercially reasonable efforts to correct the inaccurate personal information as directed by the consumer and direct any processors to correct such information within 90 calendar days after receipt of the verifiable consumer request.
If a Page 21 of33 CODING:
hb0009-02-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/HB9 2022 (b) A consumer has the right to make a request to correct inaccurate personal information to a controller that maintains inaccurate personal information about the consumer.
hb0009-01-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/HB9 2022 controller maintains a self-service mechanism to allow a consumer to correct certain personal information, the controller may require the consumer to correct their own personal information through such mechanism.
A controller that receives a verifiable consumer request to correct inaccurate personal information shall use commercially reasonable efforts to correct the inaccurate personal information as directed by the consumer and direct any processors to correct such information within 90 calendar days after receipt of the verifiable consumer request.
If a controller maintains a self-service mechanism to allow a consumer to correct certain personal information, the controller may require the consumer to correct their own personal information through such mechanism.
protect against malicious, deceptive, fraudulent, unauthorized, or illegal Page 22 of35 CODING:
protect against malicious, deceptive, fraudulent, unauthorized, or illegal activity or access;
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hb0009-02-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/HB9 2022 activity or access;
7.
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hb0009-01-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/HB9 2022 7.
However, if a consumer who is between 13 and 18 years of age, or if the parent or guardian of a consumer Page 23 of35 CODING:
However, if a consumer who is between 13 and 18 years of age, or if the parent or guardian of a consumer who is 12 years of age or younger, has affirmatively authorized the sale or sharing of such consumer's personal information, then a controller may sell or share such information in accordance with this section.
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hb0009-02-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/HB9 2022 who is 12 years of age or younger, has affirmatively authorized the sale or sharing of such consumer's personal information, then a controller may sell or share such information in accordance with this section.
(c) A controller that has received direction prohibiting the sale or sharing of the consumer's personal information is prohibited from selling or sharing the consumer's personal information beginning 48 hours after receipt of such direction, unless the consumer subsequently provides express authorization for the sale or sharing of the consumer's personal information.
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hb0009-01-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/HB9 2022 (c) A controller that has received direction prohibiting the sale or sharing of the consumer's personal information is prohibited from selling or sharing the consumer's personal information beginning 48 hours after receipt of such direction, unless the consumer subsequently provides express authorization for the sale or sharing of the consumer's personal information.
A controller may Page 24 of35 CODING:
A controller may not require a consumer to create an account in order to direct the controller not to sell the consumer's personal information.
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hb0009-02-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/HB9 2022 not require a consumer to create an account in order to direct the controller not to sell the consumer's personal information.
For consumers who opted-out of the sale or sharing of their personal information, respect the consumer's decision to opt-out for at least 12 months before requesting that the consumer authorize the sale or sharing of the consumer's personal information.
For consumers who opted-out of the sale or sharing of their personal information, respect the consumer's decision to opt-out for at least 12 months before requesting that the consumer authorize the sale or sharing of the consumer's Page 24 of33 CODING:
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words underlined are additions.
hb0009-01-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/HB9 2022 personal information.
(8) ACTIONS RELATED TO CONSUMERS WHO EXERCISE PRIVACY RIGHTS.— (a) A controller may charge a consumer who exercised any of the consumer's rights under this section a different price or rate, or provide a different level or quality of goods or services to the consumer, only if that difference is reasonably Page 25 of35 CODING:
(8) ACTIONS RELATED TO CONSUMERS WHO EXERCISE PRIVACY RIGHTS.— (a) A controller may charge a consumer who exercised any of the consumer's rights under this section a different price or rate, or provide a different level or quality of goods or services to the consumer, only if that difference is reasonably related to the value provided to the controller by the consumer's data or is related to a consumer's voluntary participation in a financial incentive program, including a bona fide loyalty, rewards, premium features, discounts, or club card program offered by the controller.
(b) A controller may offer financial incentives, including payments to consumers as compensation, for the collection, sharing, sale, or deletion of personal information if the consumer gives the controller prior consent that clearly describes the material terms of the financial incentive program.
Page 25 of33 CODING:
hb0009-02-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/HB9 2022 related to the value provided to the controller by the consumer's data or is related to a consumer's voluntary participation in a financial incentive program, including a bona fide loyalty, rewards, premium features, discounts, or club card program offered by the controller.
hb0009-01-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/HB9 2022 The consent may be revoked by the consumer at any time.
(b) A controller may offer financial incentives, including payments to consumers as compensation, for the collection, sharing, sale, or deletion of personal information if the consumer gives the controller prior consent that clearly describes the material terms of the financial incentive program.
The consent may be revoked by the consumer at any time.
Page 26 of35 CODING:
3.
Words strickenare deletions;
words underlined are additions.
hb0009-02-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/HB9 2022 3.
(b) Determining whether a person is acting as a controller or processor with respect to a specific processing of data is a fact-based determination that depends upon the context in which personal information is to be processed.
(b) Determining whether a person is acting as a controller or processor with respect to a specific processing of data is a fact-based determination that depends upon the context in which Page 26 of33 CODING:
Words strickenare deletions;
words underlined are additions.
hb0009-01-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/HB9 2022 personal information is to be processed.
(e) A processor or third party or any subcontractor Page 27 of35 CODING:
(e) A processor or third party or any subcontractor thereof who violates any of the restrictions imposed upon it under this section is liable or responsible for any failure to comply with this section.
(f) Any provision of a contract or agreement of any kind that waives or limits in any way a consumer's rights under this section, including, but not limited to, any right to a remedy or means of enforcement, is deemed contrary to public policy and is void and unenforceable.
This section does not prevent a consumer from declining to request information from a controller, declining to opt-out of a controller's sale or sharing of the Page 27 of33 CODING:
hb0009-02-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/HB9 2022 thereof who violates any of the restrictions imposed upon it under this section is liable or responsible for any failure to comply with this section.
hb0009-01-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/HB9 2022 consumer's personal information, or authorizing a controller to sell or share the consumer's personal information after previously opting out.
(f) Any provision of a contract or agreement of any kind that waives or limits in any way a consumer's rights under this section, including, but not limited to, any right to a remedy or means of enforcement, is deemed contrary to public policy and is void and unenforceable.
This section does not prevent a consumer from declining to request information from a controller, declining to opt-out of a controller's sale or sharing of the consumer's personal information, or authorizing a controller to sell or share the consumer's personal information after previously opting out.
PRIVATE RIGHT OF ACTION.— (a) A Florida consumer may only bring a civil action pursuant to this section against:
PRIVATE RIGHT OF ACTION.— (a) A Florida consumer may only bring a civil action against a controller, processor, or third party pursuant to this section for the following:
A controller, processor, or third party who has global annual gross revenues of at least $50 million, but not more than $500 million, as adjusted in January of every odd-numbered year to reflect any increase in the Consumer Price Index.
Upon prevailing, the Florida consumer may be awarded relief described in paragraph (c), but may not be awarded attorney fees or costs.
Any private claim solely based on this section against a controller, processor, or third party who has global annual gross revenues of less than $50 million, is barred.
Page 28 of35 CODING:
Words strickenare deletions;
words underlined are additions.
hb0009-02-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/HB9 2022 2.
A controller, processor, or third party who has global annual gross revenues of more than $500 million, as adjusted in January of every odd-numbered year to reflect any increase in the Consumer Price Index.
Upon prevailing, the Florida consumer may be awarded relief described in paragraph (c), and shall recover reasonable attorney fees and costs.
(b) A Florida consumer may only bring a civil action pursuant to this section against a controller, processor, or third party who meets a threshold in paragraph (a) for the following actions:
1.
(c) A court may grant the following relief to a Florida consumer:
(b) A court may grant the following relief to a Florida consumer:
Statutory damages in an amount not less than $100 and Page 29 of35 CODING:
Statutory damages in an amount not less than $100 and not greater than $750 per consumer per incident or actual damages, whichever is greater.
Words strickenare deletions;
words underlined are additions.
hb0009-02-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/HB9 2022 not greater than $750 per consumer per incident or actual damages, whichever is greater.
(d) A controller, processor, or third party may only be awarded attorney fees if:
Page 28 of33 CODING:
1.
The case was dismissed with prejudice.
2.
There was fraud on the part of the consumer.
3.
The consumer is not a Florida consumer.
(e) A consumer must commence a civil action for a claim under this section within 1 year after discovery of the violation.
(f) Any action under this subsection may only be brought by or on behalf of a Florida consumer.
(g) Liability for a tort, contract claim, or consumer protection claim which is unrelated to an action brought under this subsection or subsection (11) does not arise solely from the failure of a controller, processor, or third party to comply with this section and evidence of such may only be used as the basis to prove a cause of action under this subsection.
(h) In assessing the amount of statutory damages, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the nature and seriousness of the misconduct, the number of violations, the length of time over which the misconduct occurred, and the defendant's assets, Page 30 of35 CODING:
hb0009-02-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/HB9 2022 liability, and net worth.
hb0009-01-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/HB9 2022 (c) Upon prevailing, the Florida consumer shall recover reasonable attorney fees and costs.
(d) Any action under this subsection may only be brought by or on behalf of a Florida consumer.
(e) Liability for a tort, contract claim, or consumer protection claim which is unrelated to an action brought under subsection (10) or subsection (11) does not arise solely from the failure of a controller, processor, or third party to comply with this section and evidence of such may only be used as the basis to prove a cause of action under this subsection.
(f) In assessing the amount of statutory damages, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the nature and seriousness of the misconduct, the number of violations, the length of time over which the misconduct occurred, and the defendant's assets, liability, and net worth.
If the department has reason to believe that any controller, processor, or third party is in violation of this section, the department, as the enforcement authority, may bring an action against such controller, processor, or third party for an unfair or deceptive act or practice.
If the department has reason to believe that any controller, processor, or third party is in violation of this section, the department, as the enforcement authority, may bring an action against such controller, processor, or third party for Page 29 of33 CODING:
Words strickenare deletions;
words underlined are additions.
hb0009-01-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/HB9 2022 an unfair or deceptive act or practice.
Is based on paragraph (10)(b).
Is based on paragraph (10)(a).
The 45-day cure period does not apply to a violation of subparagraph (10)(b)1.
The 45-day cure period does not apply to a violation of subparagraph (10)(a)1.
The department may consider the number and frequency of violations, the substantial likelihood of injury to the public, and the safety of persons or property when determining whether to grant 45 Page 31 of35 CODING:
The department may consider the number and frequency of violations, the substantial likelihood of injury to the public, and the safety of persons or property when determining whether to grant 45 calendar days to cure and the issuance of a letter of guidance.
Words strickenare deletions;
words underlined are additions.
hb0009-02-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/HB9 2022 calendar days to cure and the issuance of a letter of guidance.
(c) Any action brought by the department may only be brought on behalf of a Florida consumer.
(c) Any action brought by the department may only be Page 30 of33 CODING:
Words strickenare deletions;
words underlined are additions.
hb0009-01-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/HB9 2022 brought on behalf of a Florida consumer.
(e) The department may adopt rules to implement this section, including standards for verifiable consumer requests, enforcement, data security, and authorized persons who may act Page 32 of35 CODING:
(e) The department may adopt rules to implement this section, including standards for verifiable consumer requests, enforcement, data security, and authorized persons who may act on a consumer's behalf.
(12) JURISDICTION.—For purposes of bringing an action in accordance with subsections (10) and (11), any person who meets the definition of controller as defined in this section that collects, shares, or sells the personal information of Florida consumers, is considered to be both engaged in substantial and not isolated activities within this state and operating, conducting, engaging in, or carrying on a business, and doing business in this state, and is therefore subject to the Page 31 of33 CODING:
hb0009-02-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/HB9 2022 on a consumer's behalf.
hb0009-01-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/HB9 2022 jurisdiction of the courts of this state.
(12) JURISDICTION.—For purposes of bringing an action in accordance with subsections (10) and (11), any person who meets the definition of controller as defined in this section that collects, shares, or sells the personal information of Florida consumers, is considered to be both engaged in substantial and not isolated activities within this state and operating, conducting, engaging in, or carrying on a business, and doing business in this state, and is therefore subject to the jurisdiction of the courts of this state.
An individual's first name or first initial and last Page 33 of35 CODING:
An individual's first name or first initial and last name in combination with any one or more of the following data elements for that individual:
Words strickenare deletions;
words underlined are additions.
hb0009-02-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/HB9 2022 name in combination with any one or more of the following data elements for that individual:
(III) A financial account number or credit or debit card number, in combination with any required security code, access code, or password that is necessary to permit access to an individual's financial account;
(III) A financial account number or credit or debit card number, in combination with any required security code, access Page 32 of33 CODING:
Words strickenare deletions;
words underlined are additions.
hb0009-01-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/HB9 2022 code, or password that is necessary to permit access to an individual's financial account;
(VI) An individual's biometric information or genetic information as defined in s.
(VI) An individual's biometric information as defined in s.
The term also does not Page 34 of35 CODING:
The term also does not include information that is encrypted, secured, or modified by any other method or technology that removes elements that personally identify an individual or that otherwise renders the information unusable.
Words strickenare deletions;
words underlined are additions.
hb0009-02-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/HB9 2022 include information that is encrypted, secured, or modified by any other method or technology that removes elements that personally identify an individual or that otherwise renders the information unusable.
This act shall take effect January 1, 2023.
This act shall take effect July 1, 2023.
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hb0009-02-c2
hb0009-01-c1
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View plain text versions (4)

Action History

  1. Died in Judiciary

  2. Indefinitely postponed and withdrawn from consideration

  3. Received

  4. Referred to Judiciary

  5. In Messages

  6. CS passed as amended; YEAS 103, NAYS 8

  7. Read 3rd time

  8. Added to Third Reading Calendar

  9. Placed on 3rd reading

  10. Amendment 801573 adopted

  11. Amendment 258739 Failed

  12. Amendment 217953 Failed

  13. Amendment 273229 Failed

  14. Amendment 848401 Failed

  15. Amendment 663407 Failed

  16. Read 2nd time

  17. 1st Reading (Committee Substitute 2)

  18. Bill added to Special Order Calendar (3/1/2022)

  19. Bill referred to House Calendar

  20. CS Filed

  21. Laid on Table under Rule 7.18(a)

  22. Reported out of Judiciary Committee

  23. Favorable with CS by Judiciary Committee

  24. Added to Judiciary Committee agenda

  25. Now in Judiciary Committee

  26. Referred to Judiciary Committee

  27. 1st Reading (Committee Substitute 1)

  28. CS Filed

  29. Laid on Table under Rule 7.18(a)

  30. Reported out of Commerce Committee

  31. Favorable with CS by Commerce Committee

  32. Added to Commerce Committee agenda

  33. Now in Commerce Committee

  34. Referred to Judiciary Committee

  35. Referred to Commerce Committee

  36. 1st Reading (Original Filed Version)

  37. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 6 co-sponsors · 155 not signed on · 55 voted No

Sponsors (3)

Co-sponsors (6)

Not signed on (155)

155 members have not signed on to this bill.

Show all 155 →

"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

Passage, Third Reading

Passed 103 Yea · 8 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 43306
Republican 44101
Democrat 16401
Total 103808
% of votes cast 87%7%0%7%
How each member voted (119)
Member Party Vote
Alexander — Nay
Aloupis — Yea
Geller — Yea
Altman — Yea
Goff-Marcil — Yea
Renner — Yea
Roach — Yea
Bell — Yea
Grieco — Yea
Beltran — Yea
Benjamin — Yea
Harding — Yea
Drake — Yea
McCurdy — Yea
Duran — Yea
Willhite — Yea
Morales — Yea
Williams — Nay
Williamson — Yea
Fernandez-Barquin — Yea
Fetterhoff — Yea
Fine — Yea
Payne — Yea
Zika — Yea
Fischer — Yea
Grant — Not Voting
Hage — Not Voting
Hawkins — Not Voting
Brown — Not Voting
Stevenson — Not Voting
Omphroy — Not Voting
Rommel — Yea
Roth — Yea
Sabatini — Yea
Ingoglia — Yea
Silvers — Yea
Jenne — Yea
Bush — Yea
Killebrew — Yea
Slosberg-King — Yea
Byrd — Yea
Caruso — Yea
Latvala — Yea
Casello — Yea
Learned — Nay
Sprowls — Yea
Clemons — Yea
Mariano — Yea
Toledo — Yea
Tomkow — Yea
Diamond — Yea
Thompson, Geraldine F. "Geri" — Yea
Arrington, Kristen Aston Democrat Nay
Bartleman, Robin Democrat Yea
Campbell, Daryl 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 Not Voting
Hinson, Yvonne Hayes Democrat Yea
Hunschofsky, Christine Democrat Yea
Joseph, Dotie Democrat Yea
Nixon, Angela "Angie" Democrat Nay
Rayner, Michele K. Democrat Yea
Robinson, Felicia Simone Democrat Nay
Skidmore, Kelly Democrat Yea
Smith, Carlos Guillermo Democrat Yea
Tant, Allison Democrat Nay
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 Yea
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 Nay
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 Not Voting
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 →

AA - 663407, Adoption, Second Reading

Failed 14 Yea · 89 Nay · 16 Other
Party YeaNayPresentNot Voting
Unaffiliated 436012
Republican 04402
Democrat 10902
Total 1489016
% of votes cast 12%75%0%13%
How each member voted (119)
Member Party Vote
Alexander — Nay
Aloupis — Nay
Geller — Nay
Altman — Nay
Renner — Nay
Roach — Nay
Grieco — Nay
Beltran — Nay
Hage — Nay
Harding — Nay
Roth — Nay
Hawkins — Nay
Brown — Nay
Ingoglia — Nay
Silvers — Nay
Jenne — Nay
Killebrew — Nay
Byrd — Nay
Caruso — Nay
Latvala — Nay
Casello — Nay
Learned — Yea
Sprowls — Nay
Clemons — Nay
Mariano — Nay
Toledo — Nay
Tomkow — Nay
Diamond — Yea
Drake — Nay
McCurdy — Yea
Duran — Nay
Willhite — Nay
Williams — Yea
Williamson — Nay
Fernandez-Barquin — Nay
Fetterhoff — Nay
Fine — Nay
Payne — Nay
Zika — Nay
Fischer — Nay
Goff-Marcil — Not Voting
Grant — Not Voting
Bell — Not Voting
Benjamin — Not Voting
Rommel — Not Voting
Sabatini — Not Voting
Bush — Not Voting
Slosberg-King — Not Voting
Stevenson — Not Voting
Morales — Not Voting
Omphroy — Not Voting
Thompson, Geraldine F. "Geri" — Not Voting
Arrington, Kristen Aston Democrat Yea
Bartleman, Robin Democrat Yea
Campbell, Daryl Democrat Yea
Chambliss, Kevin D. Democrat Yea
Daley, Dan Democrat Yea
Davis, Tracie Democrat Nay
Driskell, Fentrice Democrat Yea
Eskamani, Dr. Anna V. Democrat Nay
Gottlieb, Michael "Mike" Democrat Not Voting
Gregory, Emily Democrat Nay
Hart-Lowman, Dianne "Ms Dee" Democrat Not Voting
Hinson, Yvonne Hayes Democrat Yea
Hunschofsky, Christine Democrat Nay
Joseph, Dotie Democrat Nay
Nixon, Angela "Angie" Democrat Nay
Rayner, Michele K. Democrat Nay
Robinson, Felicia Simone Democrat Yea
Skidmore, Kelly Democrat Yea
Smith, Carlos Guillermo Democrat Nay
Tant, Allison Democrat Yea
Woodson, Marie Paule Democrat Nay
Andrade, Robert Alexander "Alex" Republican Nay
Barnaby, Webster Republican Nay
Borrero, David Republican Nay
Botana, Adam Republican Nay
Brannan III, Robert Charles "Chuck" Republican Nay
Buchanan, James Republican Nay
Burton, Colleen Republican Nay
Busatta, Demi Republican Nay
Chaney, Linda Republican Nay
DiCeglie, Nick Republican Nay
Duggan, Wyman Republican Nay
Fabricio, Tom Republican Nay
Garrison, Sam Republican Nay
Giallombardo, Mike Republican Nay
Grall, Erin Republican Nay
Koster, Traci Republican Nay
LaMarca, Chip Republican Nay
Leek, Thomas J. "Tom" Republican Nay
Maggard, Randall Scott "Randy" Republican Nay
Maney, Patt Republican Nay
Massullo, Ralph E., Jr. Republican Nay
McClain, Stan Republican Nay
McClure, Lawrence Republican Nay
McFarland, Fiona Republican Nay
Melo, Lauren Republican Nay
Mooney Jr., James Vernon "Jim" Republican Nay
Overdorf, Tobin Rogers "Toby" Republican Nay
Perez, Daniel Republican Nay
Persons-Mulicka, Jenna Republican Nay
Plakon, Rachel Saunders Republican Nay
Plasencia, Susan Republican Nay
Rizo, Alex Republican Nay
Robinson Jr., William Cloud "Will" Republican Nay
Rodriguez, Ana Maria Republican Nay
Salzman, Michelle Republican Nay
Shoaf, Jason Republican Nay
Sirois, Tyler I. Republican Nay
Smith, David Republican Not Voting
Snyder, John Republican Nay
Trabulsy, Dana Republican Nay
Truenow, Keith L. Republican Nay
Trumbull, Jay Republican Nay
Tuck, Kaylee Republican Nay
Vacant Republican Nay
Valdés, Susan L. Republican Not Voting
Yarborough, Clay Republican Nay

Official roll call →

AA - 258739, Adoption, Second Reading

Failed 29 Yea · 77 Nay · 13 Other
Party YeaNayPresentNot Voting
Democrat 13404
Unaffiliated 152809
Republican 14500
Total 2977013
% of votes cast 24%65%0%11%
How each member voted (119)
Member Party Vote
Renner — Nay
Roach — Nay
Beltran — Nay
Hage — Nay
Benjamin — Yea
Harding — Nay
Rommel — Nay
Roth — Nay
Hawkins — Nay
Brown — Yea
Ingoglia — Nay
Silvers — Yea
Killebrew — Nay
Slosberg-King — Yea
Byrd — Nay
Caruso — Nay
Latvala — Nay
Casello — Yea
Learned — Yea
Sprowls — Nay
Stevenson — Nay
Morales — Not Voting
Omphroy — Not Voting
Alexander — Yea
Geller — Yea
Altman — Nay
Goff-Marcil — Yea
Clemons — Nay
Mariano — Nay
Toledo — Nay
Tomkow — Nay
Diamond — Yea
Drake — Nay
McCurdy — Yea
Duran — Yea
Willhite — Nay
Williams — Yea
Williamson — Nay
Fernandez-Barquin — Nay
Fetterhoff — Nay
Fine — Nay
Payne — Nay
Zika — Nay
Fischer — Yea
Aloupis — Not Voting
Grant — Not Voting
Bell — Not Voting
Grieco — Not Voting
Sabatini — Not Voting
Jenne — Not Voting
Bush — Not Voting
Thompson, Geraldine F. "Geri" — Yea
Arrington, Kristen Aston Democrat Yea
Bartleman, Robin Democrat Yea
Campbell, Daryl Democrat Yea
Chambliss, Kevin D. Democrat Not Voting
Daley, Dan Democrat Yea
Davis, Tracie Democrat Not Voting
Driskell, Fentrice Democrat Yea
Eskamani, Dr. Anna V. Democrat Nay
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Nay
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Hunschofsky, Christine Democrat Yea
Joseph, Dotie Democrat Not Voting
Nixon, Angela "Angie" Democrat Yea
Rayner, Michele K. Democrat Nay
Robinson, Felicia Simone Democrat Not Voting
Skidmore, Kelly Democrat Yea
Smith, Carlos Guillermo Democrat Nay
Tant, Allison Democrat Yea
Woodson, Marie Paule Democrat Yea
Andrade, Robert Alexander "Alex" Republican Nay
Barnaby, Webster Republican Nay
Borrero, David Republican Nay
Botana, Adam Republican Nay
Brannan III, Robert Charles "Chuck" Republican Nay
Buchanan, James Republican Nay
Burton, Colleen Republican Nay
Busatta, Demi Republican Nay
Chaney, Linda Republican Nay
DiCeglie, Nick Republican Nay
Duggan, Wyman Republican Nay
Fabricio, Tom Republican Nay
Garrison, Sam Republican Nay
Giallombardo, Mike Republican Nay
Grall, Erin Republican Nay
Koster, Traci Republican Nay
LaMarca, Chip Republican Nay
Leek, Thomas J. "Tom" Republican Nay
Maggard, Randall Scott "Randy" Republican Nay
Maney, Patt Republican Nay
Massullo, Ralph E., Jr. Republican Nay
McClain, Stan Republican Nay
McClure, Lawrence Republican Nay
McFarland, Fiona Republican Nay
Melo, Lauren Republican Nay
Mooney Jr., James Vernon "Jim" Republican Nay
Overdorf, Tobin Rogers "Toby" Republican Nay
Perez, Daniel Republican Nay
Persons-Mulicka, Jenna Republican Nay
Plakon, Rachel Saunders Republican Nay
Plasencia, Susan Republican Nay
Rizo, Alex Republican Nay
Robinson Jr., William Cloud "Will" Republican Nay
Rodriguez, Ana Maria Republican Nay
Salzman, Michelle Republican Nay
Shoaf, Jason Republican Nay
Sirois, Tyler I. Republican Nay
Smith, David Republican Nay
Snyder, John Republican Nay
Trabulsy, Dana Republican Nay
Truenow, Keith L. Republican Nay
Trumbull, Jay Republican Nay
Tuck, Kaylee Republican Nay
Vacant Republican Nay
Valdés, Susan L. Republican Yea
Yarborough, Clay Republican Nay

Official roll call →

Favorable With Committee Substitute (Judiciary Committee)

Passed 13 Yea · 4 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 7001
Unaffiliated 5301
Democrat 1101
Total 13403
% of votes cast 65%20%0%15%
How each member voted (20)
Member Party Vote
Alexander — Nay
Beltran — Yea
Byrd — Yea
Diamond — Nay
Fernandez-Barquin — Yea
Fetterhoff — Not Voting
Grieco — Yea
Learned — Nay
Roach — Yea
Gottlieb, Michael "Mike" Democrat Not Voting
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Nay
Brannan III, Robert Charles "Chuck" Republican Yea
Busatta, Demi Republican Yea
Duggan, Wyman Republican Yea
Grall, Erin Republican Yea
Plakon, Rachel Saunders Republican Yea
Salzman, Michelle Republican Yea
Snyder, John Republican Yea
Truenow, Keith L. Republican Not Voting

Official roll call →

Favorable With Committee Substitute (Commerce Committee)

Passed 23 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 8001
Unaffiliated 13000
Democrat 2000
Total 23001
% of votes cast 96%0%0%4%
How each member voted (24)
Member Party Vote
Drake — Yea
Geller — Yea
Grieco — Yea
Hage — Yea
Ingoglia — Yea
Latvala — Yea
Omphroy — Yea
Rommel — Yea
Silvers — Yea
Tomkow — Yea
Willhite — Yea
Clemons — Yea
Thompson, Geraldine F. "Geri" — 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
McFarland, Fiona Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Shoaf, Jason Republican Not Voting

Official roll call →

Subjects

civil-rights technology
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Frequently asked questions

What does HB 9 do?
Consumer Data Privacy; Requires collectors to provide notice to consumers about data collection, sharing, & selling practices; provides consumers right to request data be disclosed, deleted, or corrected & to opt-in or opt-out of sale or sharing of data; provides nondiscrimination measures, methods for requesting data & opting-in or opting-out of sale or sharing of data, private cause of action, & enforcement; preempts regulation of consumer date collection, sharing, & selling to the state.
Who sponsors HB 9?
HB 9 is sponsored by Judiciary Committee, Commerce Committee, McFarland, Fiona (Republican), Bell, Eskamani, Dr. Anna V. (Democrat), Grall, Erin (Republican), Payne, Roth, and Toledo.
What is the current status of HB 9?
This bill died with 2022 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 9?
Track HB 9 free on One Click Politics — get push/email alerts when it moves.

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