Florida SB 1746: Equity in School-Level Funding Act

Bill Text

1746 
Pricing Based on Collection of Consumer Information 
2026-01-09T12:20:33Z 
Citing this act as the “Florida Consumer Privacy Act”; declaring unlawful any act or practice of surveillance pricing; requiring certain individuals who advertise, promote, label, or publish a statement, display, image, offer, or announcement of surveillance pricing to include a specified clear and conspicuous disclosure with such statement, display, image, offer, or announcement; providing penalties, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 1746 

 By Senator Davis 

 5-01015A-26 20261746__ 
 1 A bill to be entitled 
 2 An act relating to pricing based on collection of 
 3 consumer information; providing a short title; 
 4 creating s. 501.003, F.S.; providing definitions; 
 5 declaring unlawful any act or practice of surveillance 
 6 pricing; providing applicability; providing 
 7 exceptions; requiring certain individuals who 
 8 advertise, promote, label, or publish a statement, 
 9 display, image, offer, or announcement of surveillance 
 10 pricing to include a specified clear and conspicuous 
 11 disclosure with such statement, display, image, offer, 
 12 or announcement; providing penalties; providing 
 13 construction; prohibiting a person from requiring 
 14 consumers to waive certain rights or refusing a 
 15 consumer access to goods and services under certain 
 16 conditions; declaring any such waiver void; providing 
 17 an effective date. 
 18 
 19 Be It Enacted by the Legislature of the State of Florida: 
 20 
 21 Section 1. This act may be cited as the “Florida Consumer 
 22 Privacy Act.” 
 23 Section 2. Section 501.003, Florida Statutes, is created to 
 24 read: 
 25 501.003 Florida Consumer Privacy Act.— 
 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. 
 42 1. 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: 
 46 a. 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 
 51 identifier, or other similar identifier. 
 52 b. 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. 
 56 c. Biometric data, health information, or genetic 
 57 information. 
 58 d. 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. 
 64 e. 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 and 
 69 uniformly applied shipping costs, or any applicable taxes or 
 70 tariffs for various locations. 
 71 f. Audio, electronic, visual, thermal, olfactory, or 
 72 similar information. 
 73 g. Professional or employment-related information. 
 74 h. Hardware information or hardware state of the online 
 75 device, such as battery life, the number of wireless 
 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