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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 the disclosure of public servants' 2
personal information; providing legislative findings; 3
creating s. 111.101, F.S.; providing definitions; 4
providing that certain public employees and officials 5
may provide a written notice to a data broker to 6
prevent disclosure of specified personal data 7
concerning themselves and related persons; prohibiting 8
release of data after receipt of such notice; 9
providing for actions against a data broker for 10
failure to comply; providing for damages and costs; 11
providing construction; providing an effective date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. The Legislature finds that the state's judges, 16
prosecutors, law enforcement officers, and other public servants 17
play an essential role in the functioning of the government of 18
the state, and that the nature of their public duties regularly 19
places them in danger of death, serious physica l injury, 20
threats, intimidation, and other reprisals. Violence, threats, 21
and intimidation targeted at such public servants and their 22
families is on the rise. Technology has broadened access to the 23
personal information of such persons, defined herein as 24
"protected information," which can be and has been used to 25
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facilitate violence, threats, and intimidation. Accordingly, the 26
provisions set forth herein are both necessary and appropriate 27
to protect the privacy, safety, and security of such public 28
servants and to prevent interference in the administration of 29
justice and the operation of government in the state. 30
Section 2. Section 111.101, Florida Statutes, is created 31
to read: 32
111.101 Nondisclosure of public servants' personal 33
information.— 34
(1) DEFINITIONS.—As used in this section, the term: 35
(a) "Assignee" means a person or entity to whom a covered 36
person's right to bring a civil action for a violation of 37
paragraph (2)(b) has been assigned, in writing, by the covered 38
person or his or her authorized agen t. 39
(b) "Authorized agent" means any of the following persons 40
or entities authorized to submit or revoke a request for 41
nondisclosure of protected information on behalf of a covered 42
person and to engage in communications and enforcement related 43
thereto: 44
1. A designated trustee or other agent acting pursuant to 45
a written power of attorney or other legal instrument on behalf 46
of any covered person who is physically or mentally 47
incapacitated. 48
2. A parent or legal guardian on behalf of any child, who 49
is a minor, and who is otherwise entitled to nondisclosure 50
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pursuant to this section. 51
3. A person or entity that has been appointed pursuant to 52
a written power of attorney by a covered person to act on the 53
covered person's behalf with respect to this section. 54
4. An agent acting on behalf of any federal judge, a 55
designee of the United States Marshals Service, or the clerk of 56
any United States District Court. 57
(c) "Covered person" means any of the following persons: 58
1. Active or former sworn law enforcement pe rsonnel or 59
active or former civilian personnel employed by a law 60
enforcement agency, including law enforcement officers; 61
correctional officers; correctional probation officers; 62
personnel of the Department of Children and Families whose 63
duties include the i nvestigation of abuse, neglect, 64
exploitation, fraud, theft, or other criminal activities; and 65
personnel of the Department of Revenue or local governments 66
whose responsibilities include revenue collection and 67
enforcement or child support enforcement. 68
2. Current or former federal judges, justices of the 69
Supreme Court, district court of appeal judges; circuit court 70
judges; county court judges; and current judicial assistants. 71
3. Current or former general magistrates, special 72
magistrates, judges of compens ation claims, administrative law 73
judges of the Division of Administrative Hearings, and child 74
support enforcement hearing officers. 75
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4. Current or former state attorneys, assistant state 76
attorneys, statewide prosecutors, or assistant statewide 77
prosecutors. 78
5. Current or former juvenile probation officers, juvenile 79
probation supervisors, detention superintendents, assistant 80
detention superintendents, juvenile justice detention officers I 81
and II, juvenile justice detention officer supervisors, juvenile 82
justice residential officers, juvenile justice residential 83
officer supervisors I and II, juvenile justice counselors, 84
juvenile justice counselor supervisors, human services counselor 85
administrators, senior human services counselor administrators, 86
rehabilitation therapists, and social services counselors of the 87
Department of Juvenile Justice. 88
6. Current or former public defenders, assistant public 89
defenders, criminal conflict and civil regional counsel, and 90
assistant criminal conflict and civil regional couns el. 91
7. The parents, grandparents, siblings, spouses, children, 92
and grandchildren of persons identified in subparagraphs 1. -6. 93
8. A person sharing custody of a minor child with a person 94
identified in subparagraphs 1. -6. 95
9. A person sharing a primary r esidence with a person 96
identified in subparagraphs 1. -6. 97
10. Any person who holds or previously held a position in 98
another state comparable to those identified in subparagraphs 99
1.-6. and who has a home address in this state. 100
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(d) "Data broker" means a p erson or entity that knowingly 101
collects or obtains the protected information of a consumer and 102
then discloses that information to a third party. The term does 103
not include any governmental agency and its representatives 104
acting in their official capacity. 105
(e) "Disclose" shall mean to solicit, sell, manufacture, 106
give, provide, lend, trade, mail, deliver, transfer, post, 107
publish, distribute, circulate, disseminate, present, exhibit, 108
advertise, offer, or include within a searchable list or 109
database, regardless of whether any other person or entity has 110
actually searched such list or database for such person's 111
information. 112
(f) "Federal judge" has the same meaning as in the Daniel 113
Anderl Judicial Security and Privacy Act of 2022, Pub. L. No. 114
117-263, div. E, title LIX, subtitle D, Dec. 23, 2022, 136 Stat. 115
3458. 116
(g) "Home addresses" means the dwelling location at which 117
a person resides and includes the physical address, mailing 118
address, street address, parcel identification number, plot 119
identification number, l egal property description, neighborhood 120
name and lot number, GPS coordinates, and any other descriptive 121
property information that may reveal the home address. 122
(h) "Home telephone number" means any telephone number 123
used primarily for personal communicati ons or associated with 124
personal communications devices, including a landline or 125
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cellular number. 126
(i) "Judicial assistant" means a court employee assigned 127
to the following class codes: 8140, 8150, 8310, and 8320. 128
(j) "Protected information" means: 129
1. A home address, including a primary residence or 130
secondary residences. 131
2. A home telephone number. 132
3. A personal e-mail address. 133
4. A social security number or driver license number. 134
5. A license plate number or other unique identifiers of a 135
vehicle owned, leased, or regularly used by the covered person. 136
6. The mobile advertising ID or other unique identifiers 137
used for tracking cellular phones or smart devices regularly 138
used by the covered person. 139
(2) NONDISCLOSURE OF PROTECTED INFORMATION. — 140
(a) A covered person or their authorized agent seeking to 141
prohibit the disclosure by a data broker of the protected 142
information of the covered person shall provide written notice 143
to the data broker referencing this section and requesting that 144
the data broker cease the disclosure of the covered person's 145
protected information, as described in such notice. 146
(b) Upon notification pursuant to paragraph (a), and not 147
later than 10 business days following physical or electronic 148
receipt thereof, a data broker shall not disclose or redisclose, 149
including, but not limited to, on the Internet, the protected 150
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information of the covered person. 151
(3) ENFORCEMENT.— 152
(a) A data broker that violates paragraph (2)(b) shall be 153
liable to the covered person or the covered person's assignee, 154
who may bring a civil action in circuit court. 155
(b) In any judicial proceeding hereunder, the standard of 156
fault shall be ordinary negligence, and it shall not be a 157
defense to liability in such proceeding that the covered 158
person's protected information is or was available to the public 159
from other sources or available by inspection of public records. 160
A party accessing a data broker's website or other products or 161
services for the purpose of determining whether the covered 162
person's protected information is disclosed therein shall not, 163
as a result of such access, be deemed to have agreed on behalf 164
of the covered person or the covered person's assignee to any 165
website terms and conditions, including waivers of claims or 166
limitations of liability, with respect to the covered person's 167
or the covered person's assignee's rights under this section. No 168
prior verification of a covered person's status shall be 169
required for the notice under paragraph (2)(a) to be effective, 170
but it shall be an affirmative d efense to liability that a 171
person is not a covered person. 172
(c) A disclosure of protected information is not a 173
violation of this section if the disclosure is: 174
1. Made with the express authorization of the covered 175
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person, contingent upon such authorization being provided 176
subsequent to the relevant nondisclosure request described in 177
paragraph (2)(b); or 178
2. For the sole purpose of facilitating a transaction 179
initiated by the covered person. 180
(d) For violations of paragraph (2)(b), the court sha ll 181
award: 182
1. The greater of actual damages or liquidated damages 183
computed at the rate of $1,000 for each violation of paragraph 184
(2)(b). 185
2. Punitive damages upon proof of willful or reckless 186
disregard of the law. 187
3. Reasonable attorney fees and other litigation costs 188
reasonably incurred. 189
4. Any other preliminary and equitable relief as the court 190
determines to be appropriate. 191
(4) CONSTRUCTION.— 192
(a) This section shall be liberally construed in order to 193
accomplish its purpose. 194
(b) If any provision of this section or its application to 195
any person or circumstance is held invalid, the invalidity does 196
not affect other provisions or applications of this section that 197
can be given effect without the invalid provision or 198
application, and to this end the pro visions of this section are 199
severable. 200
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Section 3. This act shall take effect July 1, 2025. 201