H 1499

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    HB 1499  2026
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
24to read:
25501.003     Florida Consumer Privacy Act.—
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26(1)      As used in this section, the term:
27(a)      "Collects," "collected," or "collection" means buying,
28    renting, gathering, obtaining, receiving, or accessing any
29    personal information relating to a consumer by any means. The
30    term includes receiving information from the consumer, either
31    actively or passively, or by observing the consumer's behavior.
32(b)      "Consumer" means an individual who obtains, maintains,
33    uses, purchases, leases, or receives goods, services, real
34    property, or personal property or the representative of such
35    individual.
36(c)      "Covered information" means aggregate personal
37    information.
38(d)      "Personal information" means information that
39    identifies, relates to, describes, is reasonably capable of
40    being associated with, or could reasonably be linked, directly
41    or indirectly, with a particular consumer or household.
421.      The term includes, but is not limited to, the following
43    if it identifies, relates to, describes, is reasonably capable
44    of being associated with, or could be reasonably linked,
45    directly or indirectly, with a particular consumer or household:
46a.      An identifier such as a real name, an alias, a postal
47    address, a unique personal identifier, an online identifier, an
48    Internet Protocol address, an e-mail address, an account name, a
49    username, a social security number, a driver license number, a
50    passport number, a customer identifier, an advertising
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51    identifier, or other similar identifier.
52b.      Commercial information, including records of personal
53    property, products or services purchased, obtained, or
54    considered, or other purchasing or consuming histories or
55    tendencies.
56c.      Biometric data, health information, or genetic
57    information.
58d.      Internet or other electronic network activity
59    information, including, but not limited to, browsing history,
60    search history, cookies, and information regarding a consumer's
61    interaction with a website, an application, a product, or an
62    advertisement, whether obtained directly or through a third
63    party.
64e.      Geolocation data, including, but not limited to, data
65    tracked from a global positioning system or environmental
66    information about that location, such as a fire or storm that
67    may indicate heightened consumer needs based on an emergency
68    situation, not including cost differences based on objective
69    uniformly applied shipping costs, or any applicable taxes or
70    tariffs for various locations.
71f.      Audio, electronic, visual, thermal, olfactory, or
72    similar information.
73g.      Professional or employment-related information.
74h.      Hardware information or hardware state of the online
75    device, such as battery life, the number of wireless
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76     connections, device age, or similar data, including increasing
77     the price based on the payment information, such as the use of a
78     specific debit or credit card, virtual wallet, bank transaction,
79     such as a wire transfer or automated clearing house, or other
80     payment, unless the price difference is based on a specific
81     objective and uniformly applied transaction fee, which can vary
82     based on the costs associated with the transaction. This sub-
83     subparagraph does not prohibit the generation of a price offered
84     to a consumer based on the hardware or hardware state of the
85     online device for repairs or maintenance of the online device or
86     for calculating a trade-in value of the online device.
87i.      Inferences drawn from or actual data collected about
88     any of the information identified in this subparagraph to create
89     a profile about a consumer reflecting the consumer's
90     preferences, characteristics, psychological trends,
91     predispositions, behavior, attitudes, intelligence, abilities,
92     and aptitudes.
932.      The term does not include:
94a.      Publicly available information or lawfully obtained,
95     truthful information that is a matter of public concern.
96b.      Consumer information that is deidentified or aggregate
97     consumer information, such as information used for advertising
98     or other targeted marketing, but only if the pricing does not
99     vary between consumers.
100(e)      "Surveillance pricing" means offering or setting a
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101    personalized price for a good or service for a specific consumer
102    or group of consumers based, in whole or in part, on covered
103    information collected through any targeted pricing technologies,
104    such as electronic or any other surveillance method. The term
105    includes the use of technological methods, systems, or tools,
106    including sensors, cameras, device tracking, biometric
107    monitoring, cookies, or other forms of observation or data
108    collection that are capable of gathering covered information
109    about consumer behavior, characteristics, location, or other
110    personal attributes, whether in physical or digital
111    environments, including external or virtual attributes such as
112    user hardware and payment methods. Surveillance pricing also
113    includes dynamic pricing whereby a party engages in price fixing
114    to adjust product prices in real time based on market demands,
115    competitor prices, inventory levels, customer behavior, or other
116    factors a person may use to determine or set prices for a
117    product.
118(2)(a)      Notwithstanding any law to the contrary, a person
119    may not engage in any act of surveillance pricing to charge,
120    offer, or accept payment of an increased price for goods or
121    services.
122(b)     This subsection does not apply to a refusal to extend
123    credit on specific terms, such as credit cards, personal loans,
124    and mortgages, or a refusal to enter into a transaction with a
125    specific consumer, based primarily on information contained in a
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126    consumer report in accordance with the federal Fair Credit
127    Reporting Act.
128(3)(a)      A person does not engage in surveillance pricing in
129    violation of paragraph (2)(a) if:
1301.      The difference in price is based solely on objective
131    costs associated with providing the good or service to different
132    consumers, such as zip codes, which can cause shipping or tax
133    cost variations.
1342.      A discounted price is offered based on publicly
135    disclosed eligibility criteria, including, but not limited to,
136    signing up for a mailing list, registering for promotional
137    communications, or participating in a promotional event, or the
138    use of or access to forms of payment, such as credit or debit
139    cards, online wallets, or other accepted forms of payment.
1403.      A discounted price is offered to members of a broadly
141    defined group, including, but not limited to, teachers,
142    veterans, senior citizens, or students based on publicly
143    disclosed eligibility criteria.
1444.      A discounted price is offered through a loyalty,
145    membership, or rewards program in which consumers affirmatively
146    enroll.
1475.      The pricing analysis is being conducted by an insurer
148    complying with the Florida Insurance Code, or a credit analyst
149    in compliance with the federal Fair Credit Reporting Act.
150(b)      The discounted price offered in subparagraph (a)2.,
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151    subparagraph (a)3., or subparagraph(a)4. must comply with the
152    following:
1531.      The eligibility criteria, available discounts, and any
154    conditions for receiving or earning the discount or reward shall
155    be clearly and conspicuously disclosed before any covered
156    information is collected.
1572.      The discount or reward shall be offered uniformly to
158    all consumers who meet the disclosed eligibility criteria.
159(c)      Any covered information collected pursuant to this
160    subsection shall be used solely for the purpose of offering or
161    administering the applicable discount, cost-based pricing, or
162    loyalty program and may not be used for any other purpose,
163    including profiling, targeted advertising, or individualized
164    price setting.
165(4)      A person who knowingly advertises, promotes, labels,
166    or publishes a statement, display, image, offer, or announcement
167    of surveillance pricing shall include with such statement,
168    display, image, offer, or announcement a clear and conspicuous
169    disclosure that states:
170
171    THIS PRICE WAS SET BY A SURVEILLANCE METHOD USING YOUR PERSONAL
172    CONSUMER INFORMATION.
173
174(5)(a)      The Attorney General or any state attorney may
175    bring a civil action on behalf of the state to seek the
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176    imposition of civil penalties against any person who violates
177    this section. A civil penalty not to exceed $1,500 shall be
178    imposed for each violation, with each violation constituting a
179    separate violation with respect to each consumer, worker, or
180    transaction involved. Attorney fees and costs shall be awarded
181    to the prevailing party.
182(b)      In addition to any other remedy available at law or in
183    equity, a person aggrieved by a violation of this section may
184    bring a civil action on behalf of themselves or a group of
185    similarly situated persons to restrain further violations and to
186    recover damages, reasonable attorney fees, and costs, including
187    the greater of:
1881.      The amount of actual damages sustained, including
189    prejudgment interest of 8 percent per year from the date the
190    claim under this section accrued;
1912.      A civil penalty not to exceed $1,500 for each
192    violation, with each violation constituting a separate violation
193    with respect to each consumer, worker, or transaction involved;
194    or
1953.      Three times the amount of actual damages sustained, if
196    it is established by clear and convincing evidence that such
197    person violating this section engaged in bad faith conduct or
198    intentionally violated this section.
199(c)      A person who violates this section shall be required
200    to disgorge all revenues earned thereby. A prevailing plaintiff
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201    shall be awarded reasonable attorney fees and costs. A court may
202    also award injunctive or declaratory relief as necessary.
203(d)     This subsection is cumulative to other existing
204    remedies and penalties and does not limit other remedies and
205    penalties that are available under the laws of this state or any
206    applicable federal or local law.
207(e)     This section, including the enforcement authority
208    granted to the Attorney General and the state attorneys of this
209    state, does not preempt or otherwise affect any other right,
210    claim, remedy, presumption, or defense available at law or in
211    equity
212(6)     A person may not require a consumer to waive his or
213    her rights under this section or any other rights under law or
214    refuse a consumer access to goods or services for enforcing the
215    protections under this section. Any such waiver, including, but
216    not limited to, any mandatory dispute resolution provisions or
217    contrary terms of use or service, is contrary to public policy
218    and is void.
219Section 3.       This act shall take effect July 1, 2026.
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