Florida 2025 Regular Session

Florida House Bill H1453 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	HB 1453 2025
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1453-00
9	9	Page 1 of 9
10	10	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
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to the disclosure of public servants' 2
16	16	personal information; providing legislative findings; 3
17	17	creating s. 111.101, F.S.; providing definitions; 4
18	18	providing that certain public employees and officials 5
19	19	may provide a written notice to a data broker to 6
20	20	prevent disclosure of specified personal data 7
21	21	concerning themselves and related persons; prohibiting 8
22	22	release of data after receipt of such notice; 9
23	23	providing for actions against a data broker for 10
24	24	failure to comply; providing for damages and costs; 11
25	25	providing construction; providing an effective date. 12
26	26	13
27	27	Be It Enacted by the Legislature of the State of Florida: 14
28	28	15
29	29	Section 1. The Legislature finds that the state's judges, 16
30	30	prosecutors, law enforcement officers, and other public servants 17
31	31	play an essential role in the functioning of the government of 18
32	32	the state, and that the nature of their public duties regularly 19
33	33	places them in danger of death, serious physica l injury, 20
34	34	threats, intimidation, and other reprisals. Violence, threats, 21
35	35	and intimidation targeted at such public servants and their 22
36	36	families is on the rise. Technology has broadened access to the 23
37	37	personal information of such persons, defined herein as 24
38	38	"protected information," which can be and has been used to 25
39	39
40	40	HB 1453 2025
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb1453-00
46	46	Page 2 of 9
47	47	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
48	48
49	49
50	50
51	51	facilitate violence, threats, and intimidation. Accordingly, the 26
52	52	provisions set forth herein are both necessary and appropriate 27
53	53	to protect the privacy, safety, and security of such public 28
54	54	servants and to prevent interference in the administration of 29
55	55	justice and the operation of government in the state. 30
56	56	Section 2. Section 111.101, Florida Statutes, is created 31
57	57	to read: 32
58	58	111.101 Nondisclosure of public servants' personal 33
59	59	information.— 34
60	60	(1) DEFINITIONS.—As used in this section, the term: 35
61	61	(a) "Assignee" means a person or entity to whom a covered 36
62	62	person's right to bring a civil action for a violation of 37
63	63	paragraph (2)(b) has been assigned, in writing, by the covered 38
64	64	person or his or her authorized agen t. 39
65	65	(b) "Authorized agent" means any of the following persons 40
66	66	or entities authorized to submit or revoke a request for 41
67	67	nondisclosure of protected information on behalf of a covered 42
68	68	person and to engage in communications and enforcement related 43
69	69	thereto: 44
70	70	1. A designated trustee or other agent acting pursuant to 45
71	71	a written power of attorney or other legal instrument on behalf 46
72	72	of any covered person who is physically or mentally 47
73	73	incapacitated. 48
74	74	2. A parent or legal guardian on behalf of any child, who 49
75	75	is a minor, and who is otherwise entitled to nondisclosure 50
76	76
77	77	HB 1453 2025
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1453-00
83	83	Page 3 of 9
84	84	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
85	85
86	86
87	87
88	88	pursuant to this section. 51
89	89	3. A person or entity that has been appointed pursuant to 52
90	90	a written power of attorney by a covered person to act on the 53
91	91	covered person's behalf with respect to this section. 54
92	92	4. An agent acting on behalf of any federal judge, a 55
93	93	designee of the United States Marshals Service, or the clerk of 56
94	94	any United States District Court. 57
95	95	(c) "Covered person" means any of the following persons: 58
96	96	1. Active or former sworn law enforcement pe rsonnel or 59
97	97	active or former civilian personnel employed by a law 60
98	98	enforcement agency, including law enforcement officers; 61
99	99	correctional officers; correctional probation officers; 62
100	100	personnel of the Department of Children and Families whose 63
101	101	duties include the i nvestigation of abuse, neglect, 64
102	102	exploitation, fraud, theft, or other criminal activities; and 65
103	103	personnel of the Department of Revenue or local governments 66
104	104	whose responsibilities include revenue collection and 67
105	105	enforcement or child support enforcement. 68
106	106	2. Current or former federal judges, justices of the 69
107	107	Supreme Court, district court of appeal judges; circuit court 70
108	108	judges; county court judges; and current judicial assistants. 71
109	109	3. Current or former general magistrates, special 72
110	110	magistrates, judges of compens ation claims, administrative law 73
111	111	judges of the Division of Administrative Hearings, and child 74
112	112	support enforcement hearing officers. 75
113	113
114	114	HB 1453 2025
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb1453-00
120	120	Page 4 of 9
121	121	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
122	122
123	123
124	124
125	125	4. Current or former state attorneys, assistant state 76
126	126	attorneys, statewide prosecutors, or assistant statewide 77
127	127	prosecutors. 78
128	128	5. Current or former juvenile probation officers, juvenile 79
129	129	probation supervisors, detention superintendents, assistant 80
130	130	detention superintendents, juvenile justice detention officers I 81
131	131	and II, juvenile justice detention officer supervisors, juvenile 82
132	132	justice residential officers, juvenile justice residential 83
133	133	officer supervisors I and II, juvenile justice counselors, 84
134	134	juvenile justice counselor supervisors, human services counselor 85
135	135	administrators, senior human services counselor administrators, 86
136	136	rehabilitation therapists, and social services counselors of the 87
137	137	Department of Juvenile Justice. 88
138	138	6. Current or former public defenders, assistant public 89
139	139	defenders, criminal conflict and civil regional counsel, and 90
140	140	assistant criminal conflict and civil regional couns el. 91
141	141	7. The parents, grandparents, siblings, spouses, children, 92
142	142	and grandchildren of persons identified in subparagraphs 1. -6. 93
143	143	8. A person sharing custody of a minor child with a person 94
144	144	identified in subparagraphs 1. -6. 95
145	145	9. A person sharing a primary r esidence with a person 96
146	146	identified in subparagraphs 1. -6. 97
147	147	10. Any person who holds or previously held a position in 98
148	148	another state comparable to those identified in subparagraphs 99
149	149	1.-6. and who has a home address in this state. 100
150	150
151	151	HB 1453 2025
152	152
153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb1453-00
157	157	Page 5 of 9
158	158	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
159	159
160	160
161	161
162	162	(d) "Data broker" means a p erson or entity that knowingly 101
163	163	collects or obtains the protected information of a consumer and 102
164	164	then discloses that information to a third party. The term does 103
165	165	not include any governmental agency and its representatives 104
166	166	acting in their official capacity. 105
167	167	(e) "Disclose" shall mean to solicit, sell, manufacture, 106
168	168	give, provide, lend, trade, mail, deliver, transfer, post, 107
169	169	publish, distribute, circulate, disseminate, present, exhibit, 108
170	170	advertise, offer, or include within a searchable list or 109
171	171	database, regardless of whether any other person or entity has 110
172	172	actually searched such list or database for such person's 111
173	173	information. 112
174	174	(f) "Federal judge" has the same meaning as in the Daniel 113
175	175	Anderl Judicial Security and Privacy Act of 2022, Pub. L. No. 114
176	176	117-263, div. E, title LIX, subtitle D, Dec. 23, 2022, 136 Stat. 115
177	177	3458. 116
178	178	(g) "Home addresses" means the dwelling location at which 117
179	179	a person resides and includes the physical address, mailing 118
180	180	address, street address, parcel identification number, plot 119
181	181	identification number, l egal property description, neighborhood 120
182	182	name and lot number, GPS coordinates, and any other descriptive 121
183	183	property information that may reveal the home address. 122
184	184	(h) "Home telephone number" means any telephone number 123
185	185	used primarily for personal communicati ons or associated with 124
186	186	personal communications devices, including a landline or 125
187	187
188	188	HB 1453 2025
189	189
190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb1453-00
194	194	Page 6 of 9
195	195	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
196	196
197	197
198	198
199	199	cellular number. 126
200	200	(i) "Judicial assistant" means a court employee assigned 127
201	201	to the following class codes: 8140, 8150, 8310, and 8320. 128
202	202	(j) "Protected information" means: 129
203	203	1. A home address, including a primary residence or 130
204	204	secondary residences. 131
205	205	2. A home telephone number. 132
206	206	3. A personal e-mail address. 133
207	207	4. A social security number or driver license number. 134
208	208	5. A license plate number or other unique identifiers of a 135
209	209	vehicle owned, leased, or regularly used by the covered person. 136
210	210	6. The mobile advertising ID or other unique identifiers 137
211	211	used for tracking cellular phones or smart devices regularly 138
212	212	used by the covered person. 139
213	213	(2) NONDISCLOSURE OF PROTECTED INFORMATION. — 140
214	214	(a) A covered person or their authorized agent seeking to 141
215	215	prohibit the disclosure by a data broker of the protected 142
216	216	information of the covered person shall provide written notice 143
217	217	to the data broker referencing this section and requesting that 144
218	218	the data broker cease the disclosure of the covered person's 145
219	219	protected information, as described in such notice. 146
220	220	(b) Upon notification pursuant to paragraph (a), and not 147
221	221	later than 10 business days following physical or electronic 148
222	222	receipt thereof, a data broker shall not disclose or redisclose, 149
223	223	including, but not limited to, on the Internet, the protected 150
224	224
225	225	HB 1453 2025
226	226
227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb1453-00
231	231	Page 7 of 9
232	232	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
233	233
234	234
235	235
236	236	information of the covered person. 151
237	237	(3) ENFORCEMENT.— 152
238	238	(a) A data broker that violates paragraph (2)(b) shall be 153
239	239	liable to the covered person or the covered person's assignee, 154
240	240	who may bring a civil action in circuit court. 155
241	241	(b) In any judicial proceeding hereunder, the standard of 156
242	242	fault shall be ordinary negligence, and it shall not be a 157
243	243	defense to liability in such proceeding that the covered 158
244	244	person's protected information is or was available to the public 159
245	245	from other sources or available by inspection of public records. 160
246	246	A party accessing a data broker's website or other products or 161
247	247	services for the purpose of determining whether the covered 162
248	248	person's protected information is disclosed therein shall not, 163
249	249	as a result of such access, be deemed to have agreed on behalf 164
250	250	of the covered person or the covered person's assignee to any 165
251	251	website terms and conditions, including waivers of claims or 166
252	252	limitations of liability, with respect to the covered person's 167
253	253	or the covered person's assignee's rights under this section. No 168
254	254	prior verification of a covered person's status shall be 169
255	255	required for the notice under paragraph (2)(a) to be effective, 170
256	256	but it shall be an affirmative d efense to liability that a 171
257	257	person is not a covered person. 172
258	258	(c) A disclosure of protected information is not a 173
259	259	violation of this section if the disclosure is: 174
260	260	1. Made with the express authorization of the covered 175
261	261
262	262	HB 1453 2025
263	263
264	264
265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb1453-00
268	268	Page 8 of 9
269	269	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
270	270
271	271
272	272
273	273	person, contingent upon such authorization being provided 176
274	274	subsequent to the relevant nondisclosure request described in 177
275	275	paragraph (2)(b); or 178
276	276	2. For the sole purpose of facilitating a transaction 179
277	277	initiated by the covered person. 180
278	278	(d) For violations of paragraph (2)(b), the court sha ll 181
279	279	award: 182
280	280	1. The greater of actual damages or liquidated damages 183
281	281	computed at the rate of $1,000 for each violation of paragraph 184
282	282	(2)(b). 185
283	283	2. Punitive damages upon proof of willful or reckless 186
284	284	disregard of the law. 187
285	285	3. Reasonable attorney fees and other litigation costs 188
286	286	reasonably incurred. 189
287	287	4. Any other preliminary and equitable relief as the court 190
288	288	determines to be appropriate. 191
289	289	(4) CONSTRUCTION.— 192
290	290	(a) This section shall be liberally construed in order to 193
291	291	accomplish its purpose. 194
292	292	(b) If any provision of this section or its application to 195
293	293	any person or circumstance is held invalid, the invalidity does 196
294	294	not affect other provisions or applications of this section that 197
295	295	can be given effect without the invalid provision or 198
296	296	application, and to this end the pro visions of this section are 199
297	297	severable. 200
298	298
299	299	HB 1453 2025
300	300
301	301
302	302
303	303	CODING: Words stricken are deletions; words underlined are additions.
304	304	hb1453-00
305	305	Page 9 of 9
306	306	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
307	307
308	308
309	309
310	310	Section 3. This act shall take effect July 1, 2025. 201