February 6, 2023

Volume XIII, Number 37


February 06, 2023

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February 03, 2023

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Breaking: Florida Senate Adjourns, Data Privacy Bill Yet Again Fails to Pass

Moments ago the Florida Senate adjourned for the day.  Although they will return on Monday for certain budget-related items, this development means another session has passed in which a comprehensive data privacy law was considered and yet failed to make it though the Florida legislature.

As CPW previously covered, Florida HB 9 had some important differences as compared to Florida HB 969, the bill considered last year (which was also introduced by Representative McFarland) that failed over a disagreement on inclusion of a broad private right of action.  These differences included that Florida HB 9 had a more limited private right of action, applicable only to companies meeting certain revenue thresholds that have committed specifically enumerated violations.  Additionally, among other things, HB 9 required annual reports from the Attorney General to the Legislature and provides changes to data retention rules.  Many in the business community are no doubt feeling a sense of relief as if HB 9 had passed, it would have become effective on January 1, 2023, providing companies a short runway for coming into compliance.

Marissa Black also contributed to this article.

© Copyright 2023 Squire Patton Boggs (US) LLPNational Law Review, Volume XII, Number 70

About this Author

Kristin L. Bryan Litigation Attorney Squire Patton Boggs Cleveland, OH & New York, NY
Senior Associate

Kristin Bryan is a litigator experienced in the efficient resolution of contract, commercial and complex business disputes, including multidistrict litigation and putative class actions, in courts nationwide.

She has successfully represented Fortune 15 clients in high-stakes cases involving a wide range of subject matters.

As a natural extension of her experience litigating data privacy disputes, Kristin is also experienced in providing business-oriented privacy advice to a wide range of clients, with a particular focus on companies handling customers’ personal data. In this...

Kyle R. Fath Cybersecurity Attorney Squire Patton Boggs New York Los Angeles
Of Counsel

Kyle Fath is counsel in the Data Privacy & Cybersecurity Practice. He offers clients a unique blend of deep experience in counselling companies through compliance with data privacy laws, drafting and negotiating technology agreements, and advising on the privacy, IT, and IP implications of mergers & acquisitions and other corporate transactions. His practice has a particular focus on the the ingestion and sharing of data by way of strategic data transactions, data brokers, and vendor relationships, the implications of digital advertising (as companies look toward...

Kyle Dull Data Privacy & Cybersecurity Lawyer Squire Patton Boggs Miami Florida

A former assistant attorney general, Kyle has extensive experience investigating and litigating privacy and advertising law violations. He now draws on that experience to advise clients on their own data privacy, cybersecurity and advertising risks, and is regularly retained by corporations to defend and resolve enforcement actions.

Kyle has a solid understanding of domestic and international privacy laws and counsels digital media companies looking to protect their digital property and avoid potential legal issues by negotiating and drafting licensing, joint venture and data...

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