The Florida Senate
HOUSE MESSAGE SUMMARY
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
[2023s00262.hms.cm]
BILL: CS/CS/SB 262, First Engrossed
INTRODUCER: Rules, Commerce and Tourism, and Senator Bradley
SUBJECT: Technology Transparency
DATE: May 3, 2023
I.Amendments Contained in Message:
House Amendment - 471655 (body with title)
House Amendment - 703943 (body)
House Amendment - 338513 (body with title)
II.Summary of Amendments Contained in Message:
House Amendment - 471655 clarifies the definition of “governmental entity” in the section of
the bill that prohibits government directed content moderation of social media platforms, and
provides that this section takes effect on July 1, 2023.
Additionally, the amendment creates s. 501.173, F.S., relating to the use of tracking technology.
The amendment prohibits a tracking entity from collecting a consumer’s tracking information
without the consumer’s consent, or from collecting a consumer’s tracking information while the
collecting technology is not in active use by the consumer without the consumer’s consent for
continued collection. The amendment provides exceptions to the above prohibitions, and
provides that a violation of s. 501.173, F.S., is an unfair and deceptive trade practice, which is
actionable under part II of chapter 501, F.S., and enforced by the Department of Legal Affairs.
The amendment also creates s. 501.1735, F.S., relating to the protection of children in online
spaces. The amendment prohibits an online platform that provides an online service, product,
game, or feature likely to be predominantly accessed by children from processing or collecting
the personal information of children in particular ways. The amendment provides that a violation
of s. 501.1735, F.S., is an unfair and deceptive trade practice actionable under part II of chapter
501, F.S., to be enforced by the Department of Legal Affairs. Additionally, the amendment
provides that the new provisions explained above do establish a private cause of action.
House Amendment - 703943 amends the definition of “targeted advertising” to mean displaying
to a consumer an advertisement selected based on personal data obtained from that consumer's
activities over time, but does not include an advertisement that is based on the context of a
consumer's current search query on the controller’s own website or online application, or is
directed to a consumer search query on the controller’s own website or online application in
response to the consumer’s request for information or feedback. The amendment provides that
the data privacy provisions of the bill do not apply to the processing of personal data solely for BILL: CS/CS/SB 262, First Engrossed Page 2
measuring or reporting advertising, performance, reach, or frequency. Additionally, the
amendment clarifies the provisions relating to the opt out of the collection of precise geolocation
data, and collection of personal data collected through the operation of a voice recognition
feature.
House Amendment - 338513 clarifies that all moneys recovered by the Attorney General for
attorney fees, costs, and penalties in an action for a violation of the provisions relating to
tracking technology, protection of children in online spaces, or data privacy must be deposited
into the Legal Affairs Revolving Trust Fund. The amendment provides that except as otherwise
expressly provided in the bill, the bill takes effect on July 1, 2024.