HB 969/SB1734, Florida’s new Privacy Bill needs to be stopped NOW!
The leadership of the Florida House and Senate, and the Governor’s office is driving a Florida Privacy Bill to try to stop Big Tech companies from capturing and selling consumer personal data. But the only way to get to the Big Tech companies that are driving these data attacks is to go through Florida businesses (like you) by way of a very complicated Privacy Bill.
While we may agree with the conceptual sentiment for this bill, it will do harm to every Florida business that collects, stores and transfers data to industry affiliates and vendors as part of their industry transactions.
Here is what the bill does:
  • It gives consumers the right to control how their personal data is shared and sold,
  • It requires you to publish a privacy policy and tell consumers, if asked, what data you have on them, how you got it, and how you or anyone you send it to will use it,
  • Consumers can ask you to have that information deleted or corrected,
  • Failure to properly comply will allow any consumer to sue you for damages and attorney fees for any violation of this very complex bill (private right of action). The bill also gives the Attorney General the enforcement authority. The private right of action giving the trial lawyers enforcement power MUST be removed!
Almost every state has a Privacy Bill in the works, but giving consumers the right to sue privately makes our bill the worst in the nation according to NADA.
All Florida businesses would like to be exempted, but leadership does not want to open that door. There are two narrow exemptions for you. One excludes your data collection for auto financing and the other exempts your data flows to factories for warranty and recalls. You are exposed for all other exposures – CRM, BDC, other DMS and advertising shares.
This legislation is so complicated that we don’t think you will be able to comply, so you will become a target. Please understand you MUST take action now on Florida’s new Privacy Bill.
The House and Senate versions include the trial lawyer’s provision that will allow you to be sued by any consumer. This can be amended out and we understand the Senate and Governor are considering this removal. If this passes, however, your business will become a target for lawsuits.
Please call your Legislator NOW (find numbers below) and give them this message: Please follow your phone calls with emails (and copy us at [email protected], so we can track our Dealer action).
Please vote No on HB969 / SB1734. This complicated bill should not be thrust on Florida businesses without more time and discussion of the impacts! If this bill continues to move because of the backing by leadership, please vote Yes”on an amendment to remove the private right of action.
If you must pass something this Session, please delay the enforcement date to a minimum of 07/01/22, so that business can have an opportunity to convey the magnitude of this legislation and some alternate solutions can be considered.
Please CALL the following NOW:
  • Your House and Senate member (click here to find phone numbers)
  • President of the Senate, Senator Wilton Simpson (850) 487-5229
  • Speaker of the House, Representative Chris Sprowls (850) 717-5000
  • Governor’s office (850) 717-9337