Florida 2022 2022 Regular Session

Florida House Bill H1547 Introduced / Bill

Filed 01/11/2022

                       
 
HB 1547  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1547-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to personal information protection; 2 
creating s. 501.9744, F.S.; providing a short title; 3 
providing definitions; prohibiting a public agency 4 
from requesting, requiring, and publicly disclosing, 5 
specified personal information; providing construction 6 
and applicability; providing for the right of civil 7 
action and award of damages; providing penalties; 8 
providing an effective date. 9 
 10 
Be It Enacted by the Legislature of the State of Florida: 11 
 12 
 Section 1.  Section 501.9744, Florida Statutes, is created 13 
to read: 14 
 501.9744  Personal privacy protection. - 15 
 (1)  This act may be cited as the "Personal Privacy 16 
Protection Act." 17 
 (2)  As used in this section, t he term: 18 
 (a)  "Person" means an individual or a corporation, 19 
partnership, association, or any other legal or commercial 20 
entity. 21 
 (b)  "Personal information" means any compilation of data 22 
that directly or indirectly identifies a person as a member, 23 
supporter, volunteer, or donor of financial or nonfinancial 24 
support to any entity. 25     
 
HB 1547  	2022 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
 (c)  "Public agency" means any state or local governmental 26 
unit, however designated, including, but not limited to, this 27 
state; any department, agency, office, commission, board, 28 
division, or other entity of this state; any political 29 
subdivision of this state, including, but not limited to, a 30 
county, city, township, village, school district, community 31 
college district, or any other local governmental unit, agency, 32 
authority, council, board, or commission; or any state or local 33 
court, tribunal, or other judicial or quasi -judicial body. 34 
 (3)  Notwithstanding any law, and subject to subsection 35 
(4), a public agency may not: 36 
 (a)  Require a person to provide the public agency with 37 
personal information or otherwise compel the release of personal 38 
information. 39 
 (b)  Require an entity to provide the public agency with 40 
personal information or otherwise compel the release of personal 41 
information. 42 
 (c)  Release, publish, or otherwise publicly di sclose 43 
personal information held by a public agency. 44 
 (d)  Request or require a current or prospective contractor 45 
or grantee with the public agency to provide the public agency 46 
with a list of entities to which it has provided financial or 47 
nonfinancial support. 48 
 (4)  This section does not preclude: 49     
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
 (a)  Personal information exempt from disclosure under the 50 
Freedom of Information Act. 51 
 (b)  A report or disclosure required for campaign financing 52 
under chapter 106 or lobbying under chapter 11. 53 
 (c)  A lawful warrant for personal information issued by a 54 
court of competent jurisdiction. 55 
 (d)  A lawful request for discovery of personal information 56 
in litigation if both of the following conditions are met: 57 
 1.  The requestor demonstrates a compelling need for t he 58 
personal information by clear and convincing evidence. 59 
 2.  The requestor obtains a protective order barring 60 
disclosure of personal information to any person not named in 61 
the litigation. 62 
 (e)  Admission of personal information as relevant evidence 63 
before a court of competent jurisdiction. However, a court may 64 
not publicly reveal personal information without a specific 65 
finding of good cause. 66 
 (5)  This section does not apply to a national securities 67 
association, as defined in s. 78o -3, 15 U.S.C., or regul ations 68 
adopted thereunder, or to any information a national securities 69 
association provides to the Financial Services Commission 70 
pursuant to chapter 517 and rules adopted thereunder. 71 
 (6)(a)  A person alleging a violation of this section may 72 
bring a civil action for injunctive relief, damages, or both. 73     
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
Damages awarded under this section may include one of the 74 
following: 75 
 1.  For injury or loss caused by a violation, a sum not 76 
less than $2,500 for each violation. 77 
 2.  For an intentional violation, a sum not to exceed 3 78 
times the sum under subparagraph 1. 79 
 (b)  The court may award all or a portion of the costs of 80 
litigation, including reasonable attorney and witness fees, to 81 
the complainant bringing the action. 82 
 (c)  A person who knowingly violates this sectio n commits a 83 
misdemeanor punishable by imprisonment for not more than 90 days 84 
or a fine of not more than $1,000, or both. 85 
 Section 2.  This act shall take effect July 1, 2022. 86