Florida Privacy House Bill Unanimously Passes First Committee

On January 18, 2021, Kennedy Sutherland LLP reported on the introduction of Florida Senate Bill 1864 (“SB 1864”) and Florida House Bill 9 (“HB 9”).

On February 10, 2022, a hearing was held where the House Commerce Committee unanimously decided to advance HB 9 to the Judiciary Committee, with amendments, for review and approval.

HB 9 Amendments

Several amendments to the bill were proposed by the bill’s author, Representative Fiona Fuller McFarland, prior to the issuance of a vote by the House Commerce Committee meeting. Key amendments include:

• Broadening the scope of information which must be given to a requesting consumer from “sources from which personal information was collected” to “categories of sources from which personal information was collected.” Accordingly, the consumer will receive the source types and the categorization of those sources.

• Amending the exceptions provided in a consumer’s right to delete personal information so that they more closely reflect those exceptions in the consumer’s “right to correct” said information. This amendment will further consistency in the consumer’s rights under HB 9.

• Narrowing the scope of personal information that a processor must turn over to a controller so that only the personal information of the consumer is shared, not all the processor’s information with regard to the consumer.

• Increasing the age of limitation for requiring a minor consumer to “opt-in” to the sharing of their personal information from 16 years of age to 18.

Considerations for Covered Businesses

Businesses covered under HB 9 should be aware of the advancement of this bill and should consider a review of their organization’s policies and procedures as compared against the current provisions of the bill to prepare for potential compliance efforts in the future.