S 1746

Florida Senate - 2026  SB 1746
By Senator Davis
5-01015A-26  20261746__
1A bill to be entitled
2An act relating to pricing based on collection of
3consumer information; providing a short title;
4creating s. 501.003, F.S.; providing definitions;
5declaring unlawful any act or practice of surveillance
6pricing; providing applicability; providing
7exceptions; requiring certain individuals who
8advertise, promote, label, or publish a statement,
9display, image, offer, or announcement of surveillance
10pricing to include a specified clear and conspicuous
11disclosure with such statement, display, image, offer,
12or announcement; providing penalties; providing
13construction; prohibiting a person from requiring
14consumers to waive certain rights or refusing a
15consumer access to goods and services under certain
16conditions; declaring any such waiver void; providing
17an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21Section 1. This act may be cited as the “Florida Consumer
22Privacy Act.”
23Section 2. Section 501.003, Florida Statutes, is created to
24read:
25501.003Florida Consumer Privacy Act.—
26(1)As used in this section, the term:
27(a)“Collects,” “collected,” or “collection” means buying,
28renting, gathering, obtaining, receiving, or accessing any
29personal information relating to a consumer by any means. The
30term includes receiving information from the consumer, either
31actively or passively, or by observing the consumer’s behavior.
32(b)“Consumer” means an individual who obtains, maintains,
33uses, purchases, leases, or receives goods, services, real
34property, or personal property or the representative of such
35individual.
36(c)“Covered information” means aggregate personal
37information.
38(d)“Personal information” means information that
39identifies, relates to, describes, is reasonably capable of
40being associated with, or could reasonably be linked, directly
41or indirectly, with a particular consumer or household.
421.The term includes, but is not limited to, the following
43if it identifies, relates to, describes, is reasonably capable
44of being associated with, or could be reasonably linked,
45directly or indirectly, with a particular consumer or household:
46a.An identifier such as a real name, an alias, a postal
47address, a unique personal identifier, an online identifier, an
48Internet Protocol address, an e-mail address, an account name, a
49username, a social security number, a driver license number, a
50passport number, a customer identifier, an advertising
51identifier, or other similar identifier.
52b.Commercial information, including records of personal
53property, products or services purchased, obtained, or
54considered, or other purchasing or consuming histories or
55tendencies.
56c.Biometric data, health information, or genetic
57information.
58d.Internet or other electronic network activity
59information, including, but not limited to, browsing history,
60search history, cookies, and information regarding a consumer’s
61interaction with a website, an application, a product, or an
62advertisement, whether obtained directly or through a third
63party.
64e.Geolocation data, including, but not limited to, data
65tracked from a global positioning system or environmental
66information about that location, such as a fire or storm that
67may indicate heightened consumer needs based on an emergency
68situation, not including cost differences based on objective and
69uniformly applied shipping costs, or any applicable taxes or
70tariffs for various locations.
71f.Audio, electronic, visual, thermal, olfactory, or
72similar information.
73g.Professional or employment-related information.
74h.Hardware information or hardware state of the online
75device, such as battery life, the number of wireless
76connections, device age, or similar data, including increasing
77the price based on the payment information, such as the use of a
78specific debit or credit card, virtual wallet, bank transaction,
79such as a wire transfer or automated clearing house, or other
80payment, unless the price difference is based on a specific
81objective and uniformly applied transaction fee, which can vary
82based on the costs associated with the transaction. This sub
83subparagraph does not prohibit the generation of a price offered
84to a consumer based on the hardware or hardware state of the
85online device for repairs or maintenance of the online device or
86for calculating a trade-in value of the online device.
87i.Inferences drawn from or actual data collected about any
88of the information identified in this subparagraph to create a
89profile about a consumer reflecting the consumer’s preferences,
90characteristics, psychological trends, predispositions,
91behavior, attitudes, intelligence, abilities, and aptitudes.
922.The term does not include:
93a.Publicly available information or lawfully obtained,
94truthful information that is a matter of public concern.
95b.Consumer information that is deidentified or aggregate
96consumer information, such as information used for advertising
97or other targeted marketing, but only if the pricing does not
98vary between consumers.
99(e)“Surveillance pricing” means offering or setting a
100personalized price for a good or service for a specific consumer
101or group of consumers based, in whole or in part, on covered
102information collected through any targeted pricing technologies,
103such as electronic or any other surveillance method. The term
104includes the use of technological methods, systems, or tools,
105including sensors, cameras, device tracking, biometric
106monitoring, cookies, or other forms of observation or data
107collection that are capable of gathering covered information
108about consumer behavior, characteristics, location, or other
109personal attributes, whether in physical or digital
110environments, including external or virtual attributes such as
111user hardware and payment methods. Surveillance pricing also
112includes dynamic pricing whereby a party engages in price fixing
113to adjust product prices in real time based on market demands,
114competitor prices, inventory levels, customer behavior, or other
115factors a person may use to determine or set prices for a
116product.
117(2)(a)Notwithstanding any law to the contrary, a person
118may not engage in any act of surveillance pricing to charge,
119offer, or accept payment of an increased price for goods or
120services.
121(b)This subsection does not apply to a refusal to extend
122credit on specific terms, such as credit cards, personal loans,
123and mortgages, or a refusal to enter into a transaction with a
124specific consumer, based primarily on information contained in a
125consumer report in accordance with the federal Fair Credit
126Reporting Act.
127(3)(a)A person does not engage in surveillance pricing in
128violation of paragraph (2)(a) if:
1291.The difference in price is based solely on objective
130costs associated with providing the good or service to different
131consumers, such as zip codes, which can cause shipping or tax
132cost variations.
1332.A discounted price is offered based on publicly
134disclosed eligibility criteria, including, but not limited to,
135signing up for a mailing list, registering for promotional
136communications, or participating in a promotional event, or the
137use of or access to forms of payment, such as credit or debit
138cards, online wallets, or other accepted forms of payment.
1393.A discounted price is offered to members of a broadly
140defined group, including, but not limited to, teachers,
141veterans, senior citizens, or students, based on publicly
142disclosed eligibility criteria.
1434.A discounted price is offered through a loyalty,
144membership, or rewards program in which consumers affirmatively
145enroll.
1465.The pricing analysis is being conducted by an insurer
147complying with the Florida Insurance Code, or a credit analyst
148in compliance with the federal Fair Credit Reporting Act.
149(b)The discounted price offered in subparagraph (a)2.,
150subparagraph (a)3., or subparagraph (a)4. must comply with the
151following:
1521.The eligibility criteria, available discounts, and any
153conditions for receiving or earning the discount or reward shall
154be clearly and conspicuously disclosed before any covered
155information is collected.
1562.The discount or reward shall be offered uniformly to all
157consumers who meet the disclosed eligibility criteria.
158(c)Any covered information collected pursuant to this
159subsection shall be used solely for the purpose of offering or
160administering the applicable discount, cost-based pricing, or
161loyalty program and may not be used for any other purpose,
162including profiling, targeted advertising, or individualized
163price setting.
164(4)A person who knowingly advertises, promotes, labels, or
165publishes a statement, display, image, offer, or announcement of
166surveillance pricing shall include with such statement, display,
167image, offer, or announcement a clear and conspicuous disclosure
168that states:
169
170THIS PRICE WAS SET BY A SURVEILLANCE METHOD USING YOUR PERSONAL
171CONSUMER INFORMATION.
172
173(5)(a)The Attorney General or any state attorney may bring
174a civil action on behalf of the state to seek the imposition of
175civil penalties against any person who violates this section. A
176civil penalty not to exceed $1,500 shall be imposed for each
177violation, with each violation constituting a separate violation
178with respect to each consumer, worker, or transaction involved.
179Attorney fees and costs shall be awarded to the prevailing
180party.
181(b)In addition to any other remedy available at law or in
182equity, a person aggrieved by a violation of this section may
183bring a civil action on behalf of a person or a group of
184similarly situated persons to restrain further violations and to
185recover damages, reasonable attorney fees, and costs, including
186the greater of:
1871.The amount of actual damages sustained, including
188prejudgment interest of 8 percent per year from the date the
189claim under this section accrued;
1902.A civil penalty not to exceed $1,500 for each violation,
191with each violation constituting a separate violation with
192respect to each consumer, worker, or transaction involved; or
1933.Three times the amount of actual damages sustained, if
194it is established by clear and convincing evidence that such
195person violating this section engaged in bad faith conduct or
196intentionally violated this section.
197(c)A person who violates this section shall be required to
198disgorge all revenues earned thereby. A prevailing plaintiff
199shall be awarded reasonable attorney fees and costs. A court may
200also award injunctive or declaratory relief as necessary.
201(d)This subsection is cumulative to other existing
202remedies and penalties and does not limit other remedies and
203penalties that are available under the laws of this state or any
204applicable federal or local law.
205(e)This section, including the enforcement authority
206granted to the Attorney General and the state attorneys of this
207state, does not preempt or otherwise affect any other right,
208claim, remedy, presumption, or defense available at law or in
209equity.
210(6)A person may not require a consumer to waive his or her
211rights under this section or any other rights under law or
212refuse a consumer access to goods or services for enforcing the
213protections under this section. Any such waiver, including, but
214not limited to, any mandatory dispute resolution provisions or
215contrary terms of use or service, is contrary to public policy
216and is void.
217Section 3. This act shall take effect July 1, 2026.