Gov. DeSantis vetoes lawsuit protections for cybersecurity breaches, three other bills

Gov. Ron DeSantis has vetoed another four bills from the 2024 session, including a contentious bill that would have curtailed lawsuits involving cybersecurity breaches.

He also nixed a measure designed to help former convicts get barber or cosmetologist licenses and another that would require the Department of Health (DOH) to warn people within 24 hours of high bacteria levels in the water and even close beaches if needed.

Fifty-nine lobbyists were registered to lobby HB 473, the measure dealing with cybersecurity breaches. It passed the House by an 81-28 vote and the Senate by a 32-8 vote.

Sponsored by Reps. Mike Giallombardo and Kevin Steele, the bill would have provided that a county or municipality that substantially complies with the cybersecurity training, standards, and notification protocols under current law or any other political subdivision of the state that complies with these standards and protocols voluntarily, is not liable in connection with a cybersecurity incident. The bill would have applied to any suit filed on or after the effective date of the bill and to any putative class action not certified on or before the effective date. 

The bill also would have shielded companies from liability lawsuits over data breaches if they had implemented specific notice protocols and cybersecurity programs.

DeSantis said in his veto letter that “the bill could result in Floridians’ data being less secure as the bill provides across-the-board protections for only substantially complying with standards. This incentivizes doing the minimum when protecting consumer data. While my administration has prioritized policies to reduce frivolous litigation, the bill before me today may result in a consumer having inadequate resources if a breach occurs.”

On the bill regarding barbers and cosmetologists, he said in his veto letter for HB 133 that the legislation singles out cosmetologists and barber licenses applicants from a list of 14 different types of business licenses to change the licensing board’s process of review of criminal records.”

The legislation prohibits state regulators from reviewing an applicant’s criminal history within three years of applying for licensure. DeSantis said, “There may be good reason for the board to have this information before making a decision regarding a particular applicant.”

The Governor also wiped out a bill that was approved unanimously. The bill would have mandated the Department of Health to take a more active role in warning people about high bacteria levels in waters around the state. Lawmakers passed HB 165 after recounting incidents of people becoming sick.

The legislation would have required signs to notify the public after warnings and to require the notification of public officials.

DeSantis, however, criticized the bill for what he called a “fatal infirmity” because it granted the DOH the power to close beaches, waterways and swimming pools. He said that DOH “should not be vested with the power to supersede local jurisdictions regarding the operation of beaches.” The Governor also said giving this power to DOH was “ill-advised.”

DeSantis also vetoed SB 1078, a bill that exempts the cellular telephone numbers of agents, agencies and adjusters, submitted to the Department of Financial Services as part of the licensure process. “Florida’s insurance market is becoming increasingly competitive and hurricane season is upon us; it is not clear how this special exemption would serve the public interest,” DeSantis wrote in the veto letter.