Keypoint: Florida lawmakers have proposed legislation that would require certain operators of websites to make online disclosures and accept requests to opt-out of sales of personal data but that would stop far short of creating CCPA-like privacy rights for Florida residents.

Florida lawmakers have introduced companion bills in the Florida House (HB 963) and Senate (SB 1670) that would create limited online privacy rights and obligations in the state. The legislation – which is yet to be named but for our purposes will be referred to as the 2020 Florida Consumer Privacy Act (Act) – appears to be very similar to the Nevada Online Privacy Protection Act, which was amended last year to add a right to opt-out of sales of covered information. The Act is therefore distinguishable from the California Consumer Privacy Act (CCPA) and more akin to the California Online Privacy Protection Act (CalOPPA).

Florida joins a number of other states considering consumer privacy legislation, including Illinois, Washington state, Nebraska, New Jersey, New Hampshire, Virginia, and Hawaii. Members of Husch Blackwell’s privacy and data security practice group will be hosting a webinar on February 4 at noon CST to discuss these proposed laws and to provide an update on the CCPA. To register, click here.

Below is our analysis of the Florida legislation (as introduced).


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