Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for SB 1162
                        Barcode 280992
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 4/F/2R           .                    
       05/03/2006 01:35 PM         .                    
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11  Senator Rich moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 2, between lines 5 and 6,
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16  insert:  
17         (d)1.  To a commercial data aggregator that contracts
18  with law enforcement agencies or national homeland security
19  agencies, provided such information will only be used to
20  support such entities in connection with performance of their
21  lawful duties. The commercial data aggregator shall not
22  publicly post or publicly display in any manner an
23  individual's concealed weapon's license data.  The term
24  "publicly post" or "publicly display" means to intentionally
25  communicate or otherwise make available to the general public
26  or any customer other than law enforcement agencies or
27  national homeland security agencies.
28         2.  Any person who falsely certifies to a commercial
29  data aggregator that he or she is acting on behalf of an
30  authorized law enforcement agency and thereby accesses
31  concealed weapons license holder information commits a felony
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    9:58 AM   05/03/06                             s1162c1c-34-bz1

Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1162 Barcode 280992 1 of the third degree, punishable as provided in s. 775.082, s. 2 775.083, or s. 775.084. 3 3. Individual concealed weapons license holders shall 4 have a private right of action against any person or entity 5 who falsely certifies to a commercial data aggregator that he, 6 she, or it is acting on behalf of an authorized law 7 enforcement agency and thereby accesses concealed weapons 8 license holder information. 9 4. If a court finds that a commercial data aggregator 10 or its employees acted with negligence or willful misconduct 11 in failing to implement commercially reasonable computer 12 security firewalls to protect the security and privacy of 13 concealed weapon license holder information or in failing to 14 conduct due diligence of a customer making application for 15 access to these records which results in such information 16 being publicly posted or publicly displayed as defined in 17 subparagraph 1., the commercial data aggregator shall be 18 subject fo penalties of $5,000 per record per incident. The 19 Attorney General may bring a civil cause of action to enforce 20 the fines assessed under this paragraph. 21 22 23 ================ T I T L E A M E N D M E N T =============== 24 And the title is amended as follows: 25 On page 1, line 10, following the semicolon 26 27 insert: 28 providing penalties, including criminal 29 penalties, for unauthorized disclosure of 30 information by certain entities to which the 31 information may lawfully be disclosed; 2 9:58 AM 05/03/06 s1162c1c-34-bz1