H 1557

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    HB 1557  2026
1A bill to be entitled
2An act relating to motor vehicle data privacy and
3autonomy; providing a short title; creating s.
4320.647, F.S.; providing definitions; prohibiting a
5manufacturer from certain actions relating to operator
6data; providing exceptions; prohibiting a manufacturer
7from certain actions relating to personal identifying
8information; requiring a manufacturer to provide a
9motor vehicle owner with access to and control of
10operator data; requiring a manufacturer to create a
11certain interface; providing reporting requirements;
12requiring the Department of Highway Safety and Motor
13Vehicles, in consultation with specified entities, to
14establish at least one standard for the interface by a
15specified date; requiring the department to review and
16revise the standard or standards by a specified date
17and at specified intervals; providing construction;
18providing that a violation of certain provisions is an
19unfair and deceptive trade practice; requiring the
20department to adopt rules; providing an effective
21date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25Section 1.       This act may be cited as the "Motor Vehicle
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26    Data Privacy and Autonomy Act."
27Section 2.       Section 320.647, Florida Statutes, is created
28    to read:
29320.647      Motor vehicle data privacy and autonomy.—
30(1)      As used in this section, the term:
31(a)      "Foreign country of concern" has the same meaning as
32    in s. 692.201.
33(b)      "Foreign principal" has the same meaning as in s.
34    692.201.
35(c)      "Motor vehicle" means any vehicle as defined in s.
36    320.60 which is registered in this state.
37(d)      "Operator data" means:
381.      Data generated or processed onboard a motor vehicle,
39    including data generated by sensors, receivers, computer
40    processing units, or other vehicle components.
412.      Data stored in a motor vehicle which is generated by
42    the operator of the vehicle.
43(e)      "Operator preference" means any choice with respect to
44    a configurable setting of a motor vehicle made by or for the
45    benefit of the operator of the vehicle.
46(f)      "Personal identifying information" means information
47    that:
481.      Directly identifies a person, such as the name,
49    address, social security number or other identifying number or
50    code, telephone number, or e-mail address of the person;
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512.      Indirectly identifies a person, such as the gender,
52    race, or date of birth of the person; or
533.      Reveals the physical location or Internet activity of a
54    person.
55(g)      "Proprietary confidential business information" has
56    the same meaning as in s. 288.075(1).
57(h)      "Secure" means designed to prevent malicious or
58    unauthorized use of or access to operator data.
59(i)      "Technologically neutral" means designed without
60    preference or prejudice toward any technology or service used to
61    access and control operator data by a motor vehicle owner,
62    regardless of ownership or licensing of proprietary technologies
63    by the owner or a manufacturer.
64(2)      A manufacturer may not:
65(a)      Access operator data, unless:
661.      The motor vehicle owner affirmatively consents to the
67    manufacturer accessing the data and the consent:
68a.      Is freely given;
69b.      Is informed, specific, and unambiguous;
70c.      Is in writing; and
71d.      May be easily withdrawn; or
722.      The data is accessed solely to improve motor vehicle
73    performance or safety;
74(b)      Sell, lease, or otherwise share operator data, unless:
751.      Required to do so:
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76a.      Pursuant to a lawful warrant;
77b.      Pursuant to a court order that provides the motor
78     vehicle owner notice of the order and at least 48 hours to
79     object to the order and request a hearing; or
80c.      To facilitate an emergency response; or
812.      Expressly permitted to do so by the owner or, in the
82     event of the death or incapacity of the owner, the next of kin
83     of the owner; or
84(c)      Sell, license, rent, transfer, release, disclose,
85     provide access to, or otherwise make available personal
86     identifying information to a foreign country of concern or
87     foreign principal.
88(3)(a)      A manufacturer shall provide a motor vehicle owner
89     with access to and control of operator data:
901.      At no additional cost.
912.      Without any restriction or limitation by means of a
92     technologically neutral and secure interface.
93(b)      To facilitate the access to and control of operator
94     data pursuant to paragraph (a), the manufacturer shall create a
95     technologically neutral and secure open application programming
96     interface that:
971.      Facilitates deletion of all operator data stored in a
98     motor vehicle generated by the operator of the vehicle.
992.      Enables the setting of any operator preference.
100(4)      By January 1, 2027, and annually thereafter, the
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101    department, in consultation with the Attorney General, the
102    Secretary of Transportation, the United States Secretary of
103    Homeland Security, and the Federal Communications Commission,
104    shall submit to the President of the Senate and the Speaker of
105    the House of Representatives a report that describes:
106(a)     The types of operator data accessed by a manufacturer.
107(b)     The persons or entities, other than a manufacturer,
108    that access operator data.
109(c)     The agencies that access operator data and how the
110    agencies use the data.
111(d)     The persons or entities to which operator data may be
112    sold or otherwise shared.
113(e)     The foreign countries of concern or foreign principals
114    to which operator data may be sold or otherwise shared and how
115    the foreign countries of concern or foreign principals use the
116    data.
117(f)     The cybersecurity capabilities and risks associated
118    with motor vehicles.
119(g)     How often operator data was breached, how the breaches
120    occurred, the persons or entities involved in the breach, and
121    whether any of the persons or entities involved in the breach
122    have ties to foreign countries of concern or foreign principals.
123(5)(a)      By January 1, 2027, the department shall submit to
124    the Commerce Committee of the House of Representatives and the
125    Commerce and Tourism Committee of the Senate a report on the
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126    current practices employed for operator data generation,
127    storage, transmission, and cybersecurity.
128(b)     By January 1, 2028, the department shall, in
129    coordination with the director of the National Institute of
130    Standards and Technology, relevant industry stakeholders,
131    including manufacturers and motor vehicle owners, and other
132    agencies, establish at least one standard for the interface
133    required in subsection (3).
134(c)     By January 1, 2033, and at least once every 5 years
135    thereafter, the department shall review and revise such standard
136    or standards as appropriate.
137(6)     Except as provided in subsection (3), this section
138    does not require a manufacturer to divulge proprietary
139    confidential business information.
140(7)     A violation of this section is an unfair and deceptive
141    trade practice under part II of chapter 501.
142(8)     The department shall adopt rules to administer this
143    section.
144Section 3.       This act shall take effect July 1, 2026.
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