CS/HB 1087 Summary

• Creates section 320.646, Florida Statutes, establishing consumer data protection requirements for motor vehicle dealers and licensees regarding nonpublic personal information collected by dealers.

• Requires licensees and third parties to comply with federal and state restrictions on reuse or disclosure of consumer data, provide written statements describing data safeguard procedures meeting Gramm-Leach-Bliley Act standards, and maintain lists of data recipients upon dealer request (limited to once every 6 months).

• Prohibits licensees from requiring dealers to grant direct or indirect access to data management systems; requires licensees to permit dealers to provide data in widely accepted file formats through dealer-selected third-party vendors, though dealers may provide written separate consent for direct system access (withdrawable with 30 days' notice).

• Requires licensees to indemnify dealers for third-party claims and damages caused by unlawful access to, use of, or disclosure of consumer data by the licensee, its agents, or recipients.

• Establishes that persons bringing legal action against licensees for violations must prove the violation was willful or followed a pattern of wrongdoing.