(1) As used in this section, the term: (a) "CollectsCollects"Collects," "collected," or "collection" means buying, renting, gathering, obtaining, receiving, or accessing any personal information relating to a consumer by any means. The term includes receiving information from the consumer, either actively or passively, or by observing the consumer's behavior.Fla. Stat. § 501.003(1)(a)," "collected," or "collection" means buying, renting, gathering, obtaining, receiving, or accessing any personal informationPersonal information"Personal information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. 1. The term includes, but is not limited to, the following if it identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household: a. An identifier such as a real name, an alias, a postal address, a unique personal identifier, an online identifier, an Internet Protocol address, an e-mail address, an account name, a username, a social security number, a driver license number, a passport number, a customer identifier, an advertising identifier, or other similar identifier. b. Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. c. Biometric data, health information, or genetic information. d. Internet or other electronic network activity information, including, but not limited to, browsing history, search history, cookies, and information regarding a consumer's interaction with a website, an application, a product, or an advertisement, whether obtained directly or through a third party. e. Geolocation data, including, but not limited to, data tracked from a global positioning system or environmental information about that location, such as a fire or storm that may indicate heightened consumer needs based on an emergency situation, not including cost differences based on objective uniformly applied shipping costs, or any applicable taxes or tariffs for various locations. f. Audio, electronic, visual, thermal, olfactory, or similar information. g. Professional or employment-related information. h. Hardware information or hardware state of the online device, such as battery life, the number of wireless connections, device age, or similar data, including increasing the price based on the payment information, such as the use of a specific debit or credit card, virtual wallet, bank transaction, such as a wire transfer or automated clearing house, or other payment, unless the price difference is based on a specific objective and uniformly applied transaction fee, which can vary based on the costs associated with the transaction. This sub-subparagraph does not prohibit the generation of a price offered to a consumer based on the hardware or hardware state of the online device for repairs or maintenance of the online device or for calculating a trade-in value of the online device. i. Inferences drawn from or actual data collected about any of the information identified in this subparagraph to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. 2. The term does not include: a. Publicly available information or lawfully obtained, truthful information that is a matter of public concern. b. Consumer information that is deidentified or aggregate consumer information, such as information used for advertising or other targeted marketing, but only if the pricing does not vary between consumers.Fla. Stat. § 501.003(1)(d) relating to a consumerConsumer"Consumer" means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.Fla. Stat. § 501.003(1)(b) by any means. The term includes receiving information from the consumerConsumer"Consumer" means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.Fla. Stat. § 501.003(1)(b), either actively or passively, or by observing the consumerConsumer"Consumer" means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.Fla. Stat. § 501.003(1)(b)'s behavior. (b) "ConsumerConsumer"Consumer" means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.Fla. Stat. § 501.003(1)(b)" means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual. (c) "Covered informationCovered information"Covered information" means aggregate personal information.Fla. Stat. § 501.003(1)(c)" means aggregate personal informationPersonal information"Personal information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. 1. The term includes, but is not limited to, the following if it identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household: a. An identifier such as a real name, an alias, a postal address, a unique personal identifier, an online identifier, an Internet Protocol address, an e-mail address, an account name, a username, a social security number, a driver license number, a passport number, a customer identifier, an advertising identifier, or other similar identifier. b. Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. c. Biometric data, health information, or genetic information. d. Internet or other electronic network activity information, including, but not limited to, browsing history, search history, cookies, and information regarding a consumer's interaction with a website, an application, a product, or an advertisement, whether obtained directly or through a third party. e. Geolocation data, including, but not limited to, data tracked from a global positioning system or environmental information about that location, such as a fire or storm that may indicate heightened consumer needs based on an emergency situation, not including cost differences based on objective uniformly applied shipping costs, or any applicable taxes or tariffs for various locations. f. Audio, electronic, visual, thermal, olfactory, or similar information. g. Professional or employment-related information. h. Hardware information or hardware state of the online device, such as battery life, the number of wireless connections, device age, or similar data, including increasing the price based on the payment information, such as the use of a specific debit or credit card, virtual wallet, bank transaction, such as a wire transfer or automated clearing house, or other payment, unless the price difference is based on a specific objective and uniformly applied transaction fee, which can vary based on the costs associated with the transaction. This sub-subparagraph does not prohibit the generation of a price offered to a consumer based on the hardware or hardware state of the online device for repairs or maintenance of the online device or for calculating a trade-in value of the online device. i. Inferences drawn from or actual data collected about any of the information identified in this subparagraph to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. 2. The term does not include: a. Publicly available information or lawfully obtained, truthful information that is a matter of public concern. b. Consumer information that is deidentified or aggregate consumer information, such as information used for advertising or other targeted marketing, but only if the pricing does not vary between consumers.Fla. Stat. § 501.003(1)(d). (d) "Personal informationPersonal information"Personal information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. 1. The term includes, but is not limited to, the following if it identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household: a. An identifier such as a real name, an alias, a postal address, a unique personal identifier, an online identifier, an Internet Protocol address, an e-mail address, an account name, a username, a social security number, a driver license number, a passport number, a customer identifier, an advertising identifier, or other similar identifier. b. Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. c. Biometric data, health information, or genetic information. d. Internet or other electronic network activity information, including, but not limited to, browsing history, search history, cookies, and information regarding a consumer's interaction with a website, an application, a product, or an advertisement, whether obtained directly or through a third party. e. Geolocation data, including, but not limited to, data tracked from a global positioning system or environmental information about that location, such as a fire or storm that may indicate heightened consumer needs based on an emergency situation, not including cost differences based on objective uniformly applied shipping costs, or any applicable taxes or tariffs for various locations. f. Audio, electronic, visual, thermal, olfactory, or similar information. g. Professional or employment-related information. h. Hardware information or hardware state of the online device, such as battery life, the number of wireless connections, device age, or similar data, including increasing the price based on the payment information, such as the use of a specific debit or credit card, virtual wallet, bank transaction, such as a wire transfer or automated clearing house, or other payment, unless the price difference is based on a specific objective and uniformly applied transaction fee, which can vary based on the costs associated with the transaction. This sub-subparagraph does not prohibit the generation of a price offered to a consumer based on the hardware or hardware state of the online device for repairs or maintenance of the online device or for calculating a trade-in value of the online device. i. Inferences drawn from or actual data collected about any of the information identified in this subparagraph to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. 2. The term does not include: a. Publicly available information or lawfully obtained, truthful information that is a matter of public concern. b. Consumer information that is deidentified or aggregate consumer information, such as information used for advertising or other targeted marketing, but only if the pricing does not vary between consumers.Fla. Stat. § 501.003(1)(d)" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumerConsumer"Consumer" means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.Fla. Stat. § 501.003(1)(b) or household. [enumerated categories and exclusions follow] (e) "Surveillance pricingSurveillance pricing"Surveillance pricing" means offering or setting a personalized price for a good or service for a specific consumer or group of consumers based, in whole or in part, on covered information collected through any targeted pricing technologies, such as electronic or any other surveillance method. The term includes the use of technological methods, systems, or tools, including sensors, cameras, device tracking, biometric monitoring, cookies, or other forms of observation or data collection that are capable of gathering covered information about consumer behavior, characteristics, location, or other personal attributes, whether in physical or digital environments, including external or virtual attributes such as user hardware and payment methods. Surveillance pricing also includes dynamic pricing whereby a party engages in price fixing to adjust product prices in real time based on market demands, competitor prices, inventory levels, customer behavior, or other factors a person may use to determine or set prices for a product.Fla. Stat. § 501.003(1)(e)" means offering or setting a personalized price for a good or service for a specific consumerConsumer"Consumer" means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.Fla. Stat. § 501.003(1)(b) or group of consumersConsumer"Consumer" means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.Fla. Stat. § 501.003(1)(b) based, in whole or in part, on covered informationCovered information"Covered information" means aggregate personal information.Fla. Stat. § 501.003(1)(c) collected through any targeted pricing technologies, such as electronic or any other surveillance method. [continued definition including dynamic pricing].

(2) 1 Notwithstanding any law to the contrary, a person may not engage in any act of surveillance pricingSurveillance pricing"Surveillance pricing" means offering or setting a personalized price for a good or service for a specific consumer or group of consumers based, in whole or in part, on covered information collected through any targeted pricing technologies, such as electronic or any other surveillance method. The term includes the use of technological methods, systems, or tools, including sensors, cameras, device tracking, biometric monitoring, cookies, or other forms of observation or data collection that are capable of gathering covered information about consumer behavior, characteristics, location, or other personal attributes, whether in physical or digital environments, including external or virtual attributes such as user hardware and payment methods. Surveillance pricing also includes dynamic pricing whereby a party engages in price fixing to adjust product prices in real time based on market demands, competitor prices, inventory levels, customer behavior, or other factors a person may use to determine or set prices for a product.Fla. Stat. § 501.003(1)(e) to charge, offer, or accept payment of an increased price for goods or services. (b) This subsection does not apply to a refusal to extend credit on specific terms, such as credit cards, personal loans, and mortgages, or a refusal to enter into a transaction with a specific consumerConsumer"Consumer" means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.Fla. Stat. § 501.003(1)(b), based primarily on information contained in a consumerConsumer"Consumer" means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.Fla. Stat. § 501.003(1)(b) report in accordance with the federal Fair Credit Reporting Act.

(3) 2 A person does not engage in surveillance pricingSurveillance pricing"Surveillance pricing" means offering or setting a personalized price for a good or service for a specific consumer or group of consumers based, in whole or in part, on covered information collected through any targeted pricing technologies, such as electronic or any other surveillance method. The term includes the use of technological methods, systems, or tools, including sensors, cameras, device tracking, biometric monitoring, cookies, or other forms of observation or data collection that are capable of gathering covered information about consumer behavior, characteristics, location, or other personal attributes, whether in physical or digital environments, including external or virtual attributes such as user hardware and payment methods. Surveillance pricing also includes dynamic pricing whereby a party engages in price fixing to adjust product prices in real time based on market demands, competitor prices, inventory levels, customer behavior, or other factors a person may use to determine or set prices for a product.Fla. Stat. § 501.003(1)(e) in violation of paragraph (2)(a) if: 1. The difference in price is based solely on objective costs associated with providing the good or service to different consumersConsumer"Consumer" means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.Fla. Stat. § 501.003(1)(b), such as zip codes, which can cause shipping or tax cost variations. 2. A discounted price is offered based on publicly disclosed eligibility criteria, including, but not limited to, signing up for a mailing list, registering for promotional communications, or participating in a promotional event, or the use of or access to forms of payment, such as credit or debit cards, online wallets, or other accepted forms of payment. 3. A discounted price is offered to members of a broadly defined group, including, but not limited to, teachers, veterans, senior citizens, or students based on publicly disclosed eligibility criteria. 4. A discounted price is offered through a loyalty, membership, or rewards program in which consumersConsumer"Consumer" means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.Fla. Stat. § 501.003(1)(b) affirmatively enroll. 5. The pricing analysis is being conducted by an insurer complying with the Florida Insurance Code, or a credit analyst in compliance with the federal Fair Credit Reporting Act. (b) The discounted price offered in subparagraph (a)2., subparagraph (a)3., or subparagraph(a)4. must comply with the following: 1. The eligibility criteria, available discounts, and any conditions for receiving or earning the discount or reward shall be clearly and conspicuously disclosed before any covered informationCovered information"Covered information" means aggregate personal information.Fla. Stat. § 501.003(1)(c) is collected. 2. The discount or reward shall be offered uniformly to all consumersConsumer"Consumer" means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.Fla. Stat. § 501.003(1)(b) who meet the disclosed eligibility criteria. (c) Any covered informationCovered information"Covered information" means aggregate personal information.Fla. Stat. § 501.003(1)(c) collected pursuant to this subsection shall be used solely for the purpose of offering or administering the applicable discount, cost-based pricing, or loyalty program and may not be used for any other purpose, including profiling, targeted advertising, or individualized price setting.

(4) 3 A person who knowingly advertises, promotes, labels, or publishes a statement, display, image, offer, or announcement of surveillance pricingSurveillance pricing"Surveillance pricing" means offering or setting a personalized price for a good or service for a specific consumer or group of consumers based, in whole or in part, on covered information collected through any targeted pricing technologies, such as electronic or any other surveillance method. The term includes the use of technological methods, systems, or tools, including sensors, cameras, device tracking, biometric monitoring, cookies, or other forms of observation or data collection that are capable of gathering covered information about consumer behavior, characteristics, location, or other personal attributes, whether in physical or digital environments, including external or virtual attributes such as user hardware and payment methods. Surveillance pricing also includes dynamic pricing whereby a party engages in price fixing to adjust product prices in real time based on market demands, competitor prices, inventory levels, customer behavior, or other factors a person may use to determine or set prices for a product.Fla. Stat. § 501.003(1)(e) shall include with such statement, display, image, offer, or announcement a clear and conspicuous disclosure that states: THIS PRICE WAS SET BY A SURVEILLANCE METHOD USING YOUR PERSONAL CONSUMERConsumer"Consumer" means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.Fla. Stat. § 501.003(1)(b) INFORMATION.

(5) The Attorney General or any state attorney may bring a civil action on behalf of the state to seek the imposition of civil penalties against any person who violates this section. A civil penalty not to exceed $1,500 shall be imposed for each violation, with each violation constituting a separate violation with respect to each consumerConsumer"Consumer" means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.Fla. Stat. § 501.003(1)(b), worker, or transaction involved. Attorney fees and costs shall be awarded to the prevailing party. (b) In addition to any other remedy available at law or in equity, a person aggrieved by a violation of this section may bring a civil action on behalf of themselves or a group of similarly situated persons to restrain further violations and to recover damages, reasonable attorney fees, and costs, including the greater of: 1. The amount of actual damages sustained, including prejudgment interest of 8 percent per year from the date the claim under this section accrued; 2. A civil penalty not to exceed $1,500 for each violation, with each violation constituting a separate violation with respect to each consumerConsumer"Consumer" means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.Fla. Stat. § 501.003(1)(b), worker, or transaction involved; or 3. Three times the amount of actual damages sustained, if it is established by clear and convincing evidence that such person violating this section engaged in bad faith conduct or intentionally violated this section. (c) A person who violates this section shall be required to disgorge all revenues earned thereby. A prevailing plaintiff shall be awarded reasonable attorney fees and costs. A court may also award injunctive or declaratory relief as necessary. (d) This subsection is cumulative to other existing remedies and penalties and does not limit other remedies and penalties that are available under the laws of this state or any applicable federal or local law. (e) This section, including the enforcement authority granted to the Attorney General and the state attorneys of this state, does not preempt or otherwise affect any other right, claim, remedy, presumption, or defense available at law or in equity.

(6) 4 A person may not require a consumerConsumer"Consumer" means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.Fla. Stat. § 501.003(1)(b) to waive his or her rights under this section or any other rights under law or refuse a consumerConsumer"Consumer" means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.Fla. Stat. § 501.003(1)(b) access to goods or services for enforcing the protections under this section. Any such waiver, including, but not limited to, any mandatory dispute resolution provisions or contrary terms of use or service, is contrary to public policy and is void.

Section 3 This act shall take effect July 1, 2026.