THE BILL ITSELF
HB 1499
Pricing Based on Collection of Consumer Information
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A bill to be entitled
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An act relating to pricing based on collection of
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consumer information; providing a short title;
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creating s. 501.003, F.S.; providing definitions;
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declaring unlawful any act or practice of surveillance
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pricing; providing applicability; providing
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exceptions; requiring certain individuals who
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advertise, promote, label, or publish a statement,
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display, image, offer, or announcement of surveillance
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pricing to include a specified clear and conspicuous
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disclosure with such statement, display, image, offer,
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or announcement; providing penalties; providing
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construction; prohibiting a person from requiring
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consumers to waive certain rights or refusing a
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consumer access to goods and services under certain
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conditions; declaring any such waiver void; providing
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an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Florida Consumer
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Privacy Act."
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Section 2. Section 501.003, Florida Statutes, is created
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to read:
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501.003 Florida Consumer Privacy Act.—
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(1) As used in this section, the term:
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(a) "Collects," "collected," or "collection" means buying,
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renting, gathering, obtaining, receiving, or accessing any
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personal information relating to a consumer by any means. The
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term includes receiving information from the consumer, either
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actively or passively, or by observing the consumer's behavior.
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(b) "Consumer" means an individual who obtains, maintains,
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uses, purchases, leases, or receives goods, services, real
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property, or personal property or the representative of such
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individual.
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(c) "Covered information" means aggregate personal
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information.
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(d) "Personal information" means information that
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identifies, relates to, describes, is reasonably capable of
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being associated with, or could reasonably be linked, directly
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or indirectly, with a particular consumer or household.
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1. The term includes, but is not limited to, the following
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if it identifies, relates to, describes, is reasonably capable
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of being associated with, or could be reasonably linked,
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directly or indirectly, with a particular consumer or household:
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a. An identifier such as a real name, an alias, a postal
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address, a unique personal identifier, an online identifier, an
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Internet Protocol address, an e-mail address, an account name, a
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username, a social security number, a driver license number, a
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passport number, a customer identifier, an advertising
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identifier, or other similar identifier.
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b. Commercial information, including records of personal
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property, products or services purchased, obtained, or
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considered, or other purchasing or consuming histories or
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tendencies.
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c. Biometric data, health information, or genetic
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information.
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d. Internet or other electronic network activity
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information, including, but not limited to, browsing history,
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search history, cookies, and information regarding a consumer's
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interaction with a website, an application, a product, or an
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advertisement, whether obtained directly or through a third
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party.
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e. Geolocation data, including, but not limited to, data
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tracked from a global positioning system or environmental
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information about that location, such as a fire or storm that
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may indicate heightened consumer needs based on an emergency
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situation, not including cost differences based on objective
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uniformly applied shipping costs, or any applicable taxes or
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tariffs for various locations.
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f. Audio, electronic, visual, thermal, olfactory, or
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similar information.
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g. Professional or employment-related information.
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h. Hardware information or hardware state of the online
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device, such as battery life, the number of wireless
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connections, device age, or similar data, including increasing
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the price based on the payment information, such as the use of a
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specific debit or credit card, virtual wallet, bank transaction,
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such as a wire transfer or automated clearing house, or other
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payment, unless the price difference is based on a specific
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objective and uniformly applied transaction fee, which can vary
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based on the costs associated with the transaction. This sub-
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subparagraph does not prohibit the generation of a price offered
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to a consumer based on the hardware or hardware state of the
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online device for repairs or maintenance of the online device or
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for calculating a trade-in value of the online device.
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i. Inferences drawn from or actual data collected about
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any of the information identified in this subparagraph to create
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a profile about a consumer reflecting the consumer's
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preferences, characteristics, psychological trends,
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predispositions, behavior, attitudes, intelligence, abilities,
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and aptitudes.
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2. The term does not include:
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a. Publicly available information or lawfully obtained,
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truthful information that is a matter of public concern.
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b. Consumer information that is deidentified or aggregate
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consumer information, such as information used for advertising
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or other targeted marketing, but only if the pricing does not
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vary between consumers.
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(e) "Surveillance pricing" means offering or setting a
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personalized price for a good or service for a specific consumer
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or group of consumers based, in whole or in part, on covered
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information collected through any targeted pricing technologies,
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such as electronic or any other surveillance method. The term
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includes the use of technological methods, systems, or tools,
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including sensors, cameras, device tracking, biometric
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monitoring, cookies, or other forms of observation or data
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collection that are capable of gathering covered information
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about consumer behavior, characteristics, location, or other
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personal attributes, whether in physical or digital
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environments, including external or virtual attributes such as
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user hardware and payment methods. Surveillance pricing also
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includes dynamic pricing whereby a party engages in price fixing
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to adjust product prices in real time based on market demands,
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competitor prices, inventory levels, customer behavior, or other
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factors a person may use to determine or set prices for a
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product.
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(2)(a) Notwithstanding any law to the contrary, a person
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may not engage in any act of surveillance pricing to charge,
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offer, or accept payment of an increased price for goods or
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services.
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(b) This subsection does not apply to a refusal to extend
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credit on specific terms, such as credit cards, personal loans,
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and mortgages, or a refusal to enter into a transaction with a
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specific consumer, based primarily on information contained in a
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consumer report in accordance with the federal Fair Credit
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Reporting Act.
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(3)(a) A person does not engage in surveillance pricing in
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violation of paragraph (2)(a) if:
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1. The difference in price is based solely on objective
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costs associated with providing the good or service to different
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consumers, such as zip codes, which can cause shipping or tax
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cost variations.
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2. A discounted price is offered based on publicly
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disclosed eligibility criteria, including, but not limited to,
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signing up for a mailing list, registering for promotional
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communications, or participating in a promotional event, or the
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use of or access to forms of payment, such as credit or debit
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cards, online wallets, or other accepted forms of payment.
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3. A discounted price is offered to members of a broadly
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defined group, including, but not limited to, teachers,
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veterans, senior citizens, or students based on publicly
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disclosed eligibility criteria.
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4. A discounted price is offered through a loyalty,
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membership, or rewards program in which consumers affirmatively
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enroll.
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5. The pricing analysis is being conducted by an insurer
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complying with the Florida Insurance Code, or a credit analyst
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in compliance with the federal Fair Credit Reporting Act.
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(b) The discounted price offered in subparagraph (a)2.,
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subparagraph (a)3., or subparagraph(a)4. must comply with the
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following:
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1. The eligibility criteria, available discounts, and any
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conditions for receiving or earning the discount or reward shall
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be clearly and conspicuously disclosed before any covered
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information is collected.
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2. The discount or reward shall be offered uniformly to
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all consumers who meet the disclosed eligibility criteria.
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(c) Any covered information collected pursuant to this
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subsection shall be used solely for the purpose of offering or
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administering the applicable discount, cost-based pricing, or
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loyalty program and may not be used for any other purpose,
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including profiling, targeted advertising, or individualized
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price setting.
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(4) A person who knowingly advertises, promotes, labels,
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or publishes a statement, display, image, offer, or announcement
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of surveillance pricing shall include with such statement,
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display, image, offer, or announcement a clear and conspicuous
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disclosure that states:
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THIS PRICE WAS SET BY A SURVEILLANCE METHOD USING YOUR PERSONAL
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CONSUMER INFORMATION.
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(5)(a) The Attorney General or any state attorney may
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bring a civil action on behalf of the state to seek the
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imposition of civil penalties against any person who violates
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this section. A civil penalty not to exceed $1,500 shall be
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imposed for each violation, with each violation constituting a
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separate violation with respect to each consumer, worker, or
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transaction involved. Attorney fees and costs shall be awarded
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to the prevailing party.
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(b) In addition to any other remedy available at law or in
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equity, a person aggrieved by a violation of this section may
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bring a civil action on behalf of themselves or a group of
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similarly situated persons to restrain further violations and to
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recover damages, reasonable attorney fees, and costs, including
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the greater of:
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1. The amount of actual damages sustained, including
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prejudgment interest of 8 percent per year from the date the
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claim under this section accrued;
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2. A civil penalty not to exceed $1,500 for each
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violation, with each violation constituting a separate violation
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with respect to each consumer, worker, or transaction involved;
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or
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3. Three times the amount of actual damages sustained, if
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it is established by clear and convincing evidence that such
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person violating this section engaged in bad faith conduct or
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intentionally violated this section.
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(c) A person who violates this section shall be required
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to disgorge all revenues earned thereby. A prevailing plaintiff
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shall be awarded reasonable attorney fees and costs. A court may
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also award injunctive or declaratory relief as necessary.
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(d) This subsection is cumulative to other existing
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remedies and penalties and does not limit other remedies and
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penalties that are available under the laws of this state or any
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applicable federal or local law.
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(e) This section, including the enforcement authority
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granted to the Attorney General and the state attorneys of this
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state, does not preempt or otherwise affect any other right,
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claim, remedy, presumption, or defense available at law or in
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equity
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(6) A person may not require a consumer to waive his or
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her rights under this section or any other rights under law or
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refuse a consumer access to goods or services for enforcing the
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protections under this section. Any such waiver, including, but
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not limited to, any mandatory dispute resolution provisions or
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contrary terms of use or service, is contrary to public policy
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and is void.
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Section 3. This act shall take effect July 1, 2026.