On the last day of the regular session, the Florida House punted the proposed Florida Privacy Protection Act (FPPA), which would have become the third comprehensive consumer privacy bill to be enacted in the United States. Governor DeSantis had previously voiced his support of the legislation.

Among the FPPA’s requirements were:

• Consumer rights to:

  • Opt out of the sale of personal information

  • Opt out of processing of personal information for purposes of targeted advertising or profiling

  • Opt in consent for processing of sensitive data

  • Request access to, correction of, and deletion of their personal information

• Parental rights for known collection of personal information from children known to be under 13 years of age

• Data processor regulation

• Data security requirements

The House had passed a version that included a private right of action, but that was stripped by Senate amendments this week before it was sent back to the House. The final version that stalled in the House lacked an explicit private right of action, but also did not expressly prohibit it like the CCPA and CDPA.  As it stands, only California and Virginia have comprehensive consumer privacy legislation in the United States.