H 1027

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    HB 1027  2026
1A bill to be entitled
2An act relating to the disclosure of public servants'
3personal information; providing legislative findings;
4creating s. 111.101, F.S.; defining terms; authorizing
5certain public employees and officials to provide a
6written notice to a data broker to prevent disclosure
7of specified personal data concerning themselves and
8related persons; prohibiting a data broker from
9disclosing or redisclosing certain data after receipt
10of such notice; authorizing data brokers to provide e-
11mail addresses for receipt of such notice under
12specified conditions; providing for civil actions
13against a data broker for failure to comply; providing
14the standard of fault in such actions; providing that
15it is not a defense that protected information was
16available through specified means; providing that it
17is an affirmative defense to assert that the person is
18not a covered person; providing exceptions; providing
19for damages and costs; providing construction;
20providing severability; providing an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24Section 1.       The Legislature finds that the state's judges,
25prosecutors, law enforcement officers, and other public servants
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26    play an essential role in the functioning of the government of
27    this state and that the nature of their public duties regularly
28    places them in danger of death, serious physical injury,
29    threats, intimidation, and other reprisals. Violence, threats,
30    and intimidation targeted at such public servants and their
31    families is on the rise. Technology has broadened access to the
32    personal information of such persons, defined in this act as
33    "protected information," and can be and has been used to
34    facilitate violence, threats, and intimidation. Accordingly, the
35    provisions set forth herein are both necessary and appropriate
36    to protect the privacy, safety, and security of such public
37    servants and to prevent interference in the administration of
38    justice and the operation of government in this state.
39Section 2.       Section 111.101, Florida Statutes, is created
40    to read:
41111.101     Nondisclosure of public servants' personal
42    information.—
43(1)     DEFINITIONS.—As used in this section, the term:
44(a)     "Assignee" means a person or an entity to whom a
45    covered person's right to bring a civil action for a violation
46    of paragraph (2)(b) has been assigned, in writing, by the
47    covered person or his or her authorized agent.
48(b)     "Authorized agent" means any of the following persons
49    or entities authorized to submit or revoke a request for
50    nondisclosure of protected information on behalf of a covered
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51    person and to engage in communications and enforcement related
52    thereto:
531.      A designated trustee or other agent acting pursuant to
54    a written power of attorney or other legal instrument on behalf
55    of a covered person who is physically or mentally incapacitated.
562.      A parent or legal guardian acting on behalf of a child
57    who is a minor and otherwise entitled to nondisclosure pursuant
58    to this section.
593.      A person or an entity that has been appointed pursuant
60    to a written power of attorney by a covered person to act on the
61    covered person's behalf with respect to this section.
624.      An agent acting on behalf of a federal judge, a
63    designee of the United States Marshals' Service, or the clerk of
64    any United States District Court.
65(c)      "Covered person" means any of the following persons:
661.      Active or former sworn law enforcement personnel or
67    active or former civilian personnel employed by a law
68    enforcement agency, including law enforcement officers;
69    correctional officers; correctional probation officers;
70    personnel of the Department of Children and Families whose
71    duties include the investigation of abuse, neglect,
72    exploitation, fraud, theft, or other criminal activities; or
73    personnel of the Department of Revenue or local governments
74    whose responsibilities include revenue collection and
75    enforcement or child support enforcement.
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762.      Current or former federal judges, justices of the
77     Supreme Court, district court of appeal judges, circuit court
78     judges, or county court judges, and current judicial assistants.
793.      Current or former general magistrates, special
80     magistrates, judges of compensation claims, administrative law
81     judges of the Division of Administrative Hearings, or child
82     support enforcement hearing officers.
834.      Current or former state attorneys, assistant state
84     attorneys, statewide prosecutors, or assistant statewide
85     prosecutors.
865.      Current or former juvenile probation officers, juvenile
87     probation supervisors, detention superintendents, assistant
88     detention superintendents, juvenile justice detention officers I
89     and II, juvenile justice detention officer supervisors, juvenile
90     justice residential officers, juvenile justice residential
91     officer supervisors I and II, juvenile justice counselors,
92     juvenile justice counselor supervisors, human services counselor
93     administrators, senior human services counselor administrators,
94     rehabilitation therapists, or social services counselors of the
95     Department of Juvenile Justice.
966.      Current or former public defenders, assistant public
97     defenders, criminal conflict and civil regional counsel, or
98     assistant criminal conflict and civil regional counsel.
997.      Individuals who hold or held elected public office
100    under the laws of this state at the state, county, or municipal
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101    level, including members of the Legislature, statewide officers,
102    county commissioners, sheriffs, mayors, city council members, or
103    individuals holding similar positions.
1048.      A child of a person identified in subparagraphs 1.-7.,
105    until such child attains 26 years of age.
1069.      A person sharing custody of a minor child with a person
107    identified in subparagraphs 1.-7.
10810.      A blood or legal relative sharing a primary residence
109    with a person identified in subparagraphs 1.-7.
110(d)      "Data broker" means a person or an entity that
111    knowingly collects or obtains the protected information of a
112    consumer and then discloses that information to a third party.
113    The term does not include any governmental agency or its
114    representatives acting in their official capacity.
115(e)      "Disclose" means to solicit, sell, manufacture, give,
116    provide, lend, trade, mail, deliver, transfer, post, publish,
117    distribute, circulate, disseminate, present, exhibit, advertise,
118    offer, or include within a searchable list or database,
119    regardless of whether any other person or entity has actually
120    searched such list or database for the information.
121(f)      "Federal judge" has the same meaning as in the Daniel
122    Anderl Judicial Security and Privacy Act of 2022, Pub. L. No.
123    117-263, div. E, title LIX, subtitle D, Dec. 23, 2022, 136 Stat.
124    3458.
125(g)      "Home address" means the dwelling location at which a
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126    person resides and includes the person's physical address,
127    mailing address, street address, parcel identification number,
128    plot identification number, legal property description,
129    neighborhood name and lot number, GPS coordinates, or any other
130    descriptive property information that may reveal the home
131    address.
132(h)      "Home telephone number" means any telephone number
133    used primarily for personal communications or associated with
134    personal communications devices, including a landline or
135    cellular number.
136(i)      "Judicial assistant" means a court employee assigned
137    to the following class codes: 8140, 8150, 8310, or 8320.
138(j)      "Protected information" means:
1391.      A home address, including a primary residence or
140    secondary residences.
1412.      A home telephone number.
1423.      A personal e-mail address.
1434.      A social security number or driver license number.
1445.      A license plate number or other unique identifiers of a
145    vehicle owned, leased, or regularly used by the covered person.
1466.      The mobile advertising ID or any other unique
147    identifier used for tracking cellular phones or smart devices
148    regularly used by the covered person.
149(2)     NONDISCLOSURE OF PROTECTED INFORMATION.—
150(a)      A covered person or his or her authorized agent
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151    seeking to prohibit the disclosure by a data broker of the
152    protected information of the covered person must provide written
153    notice to the data broker referencing this section and
154    requesting that the data broker cease the disclosure of the
155    covered person's protected information, as described in such
156    notice.
157(b)      Not later than 10 business days following physical or
158    electronic receipt of such written notice, a data broker may not
159    disclose or redisclose, including, but not limited to, on the
160    Internet, the person's protected information set forth in such
161    notice.
162(c)      For receipt of such written notices from or on behalf
163    of covered persons, a data broker may provide an e-mail address
164    for receipt of written notices under this subsection, provided
165    that the e-mail address:
1661.      Is clearly and publicly published in a privacy policy
167    on the data broker's website;
1682.      Does not change without at least 30 days' notice to be
169    communicated in the privacy policy; and
1703.      Is able to receive any written notice delivered by e-
171    mail.
172(3)      ENFORCEMENT.—
173(a)      A data broker that violates paragraph (2)(b) shall be
174    liable to the covered person or the covered person's assignee,
175    either of whom may bring a civil action in circuit court.
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176(b)      In any judicial proceeding initiated pursuant to
177    paragraph (a), the standard of fault is ordinary negligence, and
178    it is not a defense to liability in such proceeding that the
179    covered person's protected information is or was available to
180    the public from other sources or available by inspection of
181    public records. For the purpose of determining whether the
182    covered person's protected information has been disclosed in
183    violation of paragraph (2)(b), a party accessing a data broker's
184    website or other products or services may not, as a result of
185    such access, be deemed to have agreed on behalf of the covered
186    person or the covered person's assignee to any website terms and
187    conditions, including waivers of claims or limitations of
188    liability, with respect to the covered person's or the covered
189    person's assignee's rights under this section. Prior
190    verification of a covered person's status is not required for
191    the notice under paragraph (2)(a) to be effective, but it is an
192    affirmative defense to liability that such person is not a
193    covered person.
194(c)      A disclosure of protected information is not a
195    violation of this section if the disclosure is:
1961.      Made with the express authorization of the covered
197    person, contingent upon such authorization being provided
198    subsequent to the relevant nondisclosure request described in
199    paragraph (2)(a); or
2002.      For the sole purpose of facilitating a transaction
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201    initiated by the covered person.
202(d)      For violations of paragraph (2)(b), the court shall
203    award:
2041.      The greater of actual damages or liquidated damages
205    computed at the rate of $1,000 for each violation of paragraph
206    (2)(b).
2072.      Punitive damages upon proof of willful or reckless
208    disregard of the law.
2093.      Reasonable attorney fees and other litigation costs
210    reasonably incurred.
2114.      Any other preliminary or equitable relief as the court
212    determines to be appropriate.
213(4)      CONSTRUCTION AND SEVERABILITY.—
214(a)      This section shall be liberally construed in order to
215    accomplish its purpose.
216(b)      If any provision of this section or its application to
217    any person or circumstance is held invalid, the invalidity does
218    not affect other provisions or applications of this section
219    which can be given effect without the invalid provision or
220    application, and to this end the provisions of this section are
221    severable.
222Section 3.       This act shall take effect January 15, 2027.
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