Florida Senate - 2019                                    SB 1468
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-01205A-19                                          20191468__
    1                        A bill to be entitled                      
    2         An act relating to personal online accounts; defining
    3         terms; prohibiting employers, educational
    4         institutions, or landlords from taking specified
    5         actions relating to personal online accounts;
    6         providing construction; requiring employers,
    7         educational institutions, or landlords that
    8         inadvertently receive authentication information for
    9         personal online accounts to take certain actions;
   10         providing that such employers, educational
   11         institutions, or landlords are not liable for having
   12         such information, subject to certain requirements;
   13         authorizing a person with specified injuries as a
   14         result of a violation of the act to bring legal
   15         action; specifying that such person is entitled to
   16         certain damages, fees, and costs; providing
   17         construction; providing that certain data relating to
   18         a violation of the act is inadmissible in certain
   19         proceedings, except for proof of a violation;
   20         providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Personal Online Account Privacy Act.—
   25         (1)DEFINITIONS.—As used in this section, the term:
   26         (a)“Employee” has the same meaning as in s. 448.101,
   27  Florida Statutes.
   28         (b)“Employer” has the same meaning as in s. 448.101,
   29  Florida Statutes.
   30         (c)“Educational institution” means:
   31         1.A private or public school, institution, or school
   32  district, or any subdivision thereof, which offers participants,
   33  students, or trainees an organized course of study or training
   34  that is academic, trade oriented, or preparatory for gainful
   35  employment;
   36         2.Educational institution employees or agents acting under
   37  the authority or on behalf of an educational institution; or
   38         3.A state or local educational agency authorized to direct
   39  or control an entity identified in subparagraph 1.
   40         (d)“Landlord” has the same meaning as in s. 83.43(3),
   41  Florida Statutes.
   42         (e)“Lease” means a legally binding agreement between a
   43  landlord and a tenant for the rental of real property.
   44         (f)“Personal online account” means any online account
   45  maintained by a person which is password protected, including,
   46  but not limited to, a social media account or an e-mail account.
   47  The term does not include an account or a discrete portion of an
   48  account that:
   49         1.Was opened at an employer’s behest or provided by an
   50  employer and intended to be used solely or primarily on behalf
   51  of or under the direction of the employer; or
   52         2.Opened at an educational institution’s behest or
   53  provided by an educational institution and intended to be used
   54  solely or primarily on behalf of or under the direction of the
   55  educational institution.
   56         (g)Prospective employee” means an applicant for
   57  employment.
   58         (h)“Prospective student” means an applicant for admission
   59  to an educational institution.
   60         (i)“Prospective tenant” means a person who inquires about
   61  or applies to rent for residential purposes a real property from
   62  a landlord.
   63         (j)“Specifically identified content” means data or
   64  information stored in a personal online account which is
   65  identified with sufficient particularity to distinguish such
   66  content from any other data or information stored in the account
   67  with which it may share similar characteristics.
   68         (k)“Student” means any person who is enrolled in a class
   69  or any other organized course of study at an educational
   70  institution, regardless of whether the enrollment is full-time
   71  or part-time.
   72         (l)“Tenant” means a person who leases real property for
   73  residential purposes from a landlord.
   74         (2)EMPLOYERS; PROHIBITED ACTS.—An employer may not do any
   75  of the following:
   76         (a)Request, require, or coerce an employee or prospective
   77  employee to:
   78         1.Disclose the username, password, or any other means of
   79  authentication, or provide access through the username or
   80  password, to a personal online account;
   81         2.Disclose contents of a personal online account which are
   82  not available to the public;
   83         3.Provide a password or any other authentication
   84  information to a personal technological device for the purposes
   85  of gaining access to a personal online account;
   86         4.Turn over an unlocked personal technological device for
   87  purposes of gaining access to a personal online account;
   88         5.Access a personal online account in the presence of the
   89  employer in a manner that enables the employer to observe the
   90  contents of such account; or
   91         6.Change the settings of an account so as to increase
   92  third-party access to such account’s contents.
   93         (b)Require or coerce an employee or a prospective employee
   94  to add any other person, including the employer, to the list of
   95  contacts associated with such employee’s personal online
   96  account.
   97         (c)Take or threaten any action to discharge, discipline,
   98  or otherwise penalize an employee as a result of his or her
   99  refusal to perform any of the actions specified in paragraph (a)
  100  or paragraph (b).
  101         (d)Fail or refuse to hire a prospective employee as a
  102  result of the employee refusing to perform any of the actions
  103  specified in paragraph (a) or paragraph (b).
  104         (3)EDUCATIONAL INSTITUTIONS; PROHIBITED ACTS.—An
  105  educational institution may not do any of the following:
  106         (a)Require, request, or coerce a student or prospective
  107  student to:
  108         1.Disclose the username, password, or any other means of
  109  authentication, or provide access through the username or
  110  password, to a personal online account;
  111         2.Disclose contents of a personal online account which are
  112  not available to the public;
  113         3.Provide a password or any other authentication
  114  information to a personal technological device for the purposes
  115  of gaining access to a personal online account;
  116         4.Turn over an unlocked personal technological device for
  117  purposes of gaining access to a personal online account;
  118         5.Access a personal online account in the presence of an
  119  employee or a volunteer of the educational institution,
  120  including, but not limited to, a coach, teacher, or school
  121  administrator, in a manner that enables such employee or
  122  volunteer to observe the contents of such account; or
  123         6.Change the settings of an account so as to increase
  124  third-party access to such account’s contents.
  125         (b)Require or coerce a student or prospective student to
  126  add any person to the list of contacts associated with such
  127  student’s personal online account.
  128         (c)Take or threaten any action to discharge, discipline,
  129  prohibit from participating in curricular or extracurricular
  130  activities, or otherwise penalize a student as a result of the
  131  student refusing to perform any of the actions specified in
  132  paragraph (a) or paragraph (b).
  133         (d)Fail or refuse to admit a prospective student as a
  134  result of the student refusing to perform any of the actions
  135  specified in paragraph (a) or paragraph (b).
  136         (4)LANDLORDS; PROHIBITED ACTS.—A landlord may not do any
  137  of the following:
  138         (a)Require, request, or coerce a tenant or prospective
  139  tenant to:
  140         1.Disclose the username, password, or any other means of
  141  authentication, or provide access through the username or
  142  password, to a personal online account;
  143         2.Disclose contents of a personal online account that are
  144  not available to the public;
  145         3.Provide a password or any other authentication
  146  information to a personal technological device for the purposes
  147  of gaining access to a personal online account;
  148         4.Turn over an unlocked personal technological device for
  149  purposes of gaining access to a personal online account;
  150         5.Access a personal online account in the presence of the
  151  landlord in a manner that enables the landlord to observe the
  152  contents of such account; or
  153         6.Change the settings of an account so as to increase
  154  third-party access to such account’s contents.
  155         (b)Require or coerce a tenant or prospective tenant to add
  156  any person to the list of contacts associated with such tenant’s
  157  personal online account.
  158         (c)Evict or otherwise penalize a tenant as a result of the
  159  tenant refusing to perform any of the actions specified in
  160  paragraph (a) or paragraph (b).
  161         (d)Fail or refuse to rent to a prospective tenant as a
  162  result of the tenant refusing to perform any of the actions
  163  specified in paragraph (a) or paragraph (b).
  164         (e)Include a provision in a lease which conflicts with
  165  this act. If a landlord includes such a provision, it is void
  166  and unenforceable.
  167         (5)LIMITATIONS.—This act does not prohibit any of the
  168  following:
  169         (a) An employer, an educational institution, or a landlord
  170  from:
  171         1.Accessing information about an employee, a student, or a
  172  tenant, or a prospective employee, a student, or a tenant, as
  173  applicable, which is publicly available; or
  174         2.Complying with state or federal laws, rules, or
  175  regulations or the rules of self-regulatory organizations as
  176  defined in s. 3(a)(26) of the Securities and Exchange Act of
  177  1934.
  178         (b)An employer or an educational institution from:
  179         1. Prohibiting an employee or student, or a prospective
  180  employee or a student, as applicable, from using a personal
  181  online account for business or educational institution purposes;
  182  or
  183         2.Prohibiting an employee, a student, a prospective
  184  employee, or a prospective student from accessing or operating a
  185  personal online account during business or school hours or while
  186  on business or school property.
  187         (c)An employer, if the employer does not also request or
  188  require an employee or a prospective employee to provide his or
  189  her username and password, his or her password, or another means
  190  of authentication which provides access to a personal online
  191  account, from requesting or requiring the employee or
  192  prospective employee to share specifically identified content
  193  that has been reported to the employer for the purpose of:
  194         1.Enabling the employer to comply with its own legal and
  195  regulatory obligations;
  196         2.Investigating an allegation, based on the receipt of
  197  information regarding specifically identified content, of the
  198  unauthorized transfer of an employer’s proprietary or
  199  confidential information or financial data to an employee or
  200  prospective employee’s personal online account; or
  201         3.Investigating an allegation, based on the receipt of
  202  information regarding specifically identified content, of
  203  unlawful harassment or threats of violence in the workplace.
  204         (d)An educational institution, if it does not also request
  205  or require a student or prospective student to provide his or
  206  her username and password, his or her password, or another means
  207  of authentication that provides access to a personal online
  208  account, from requesting or requiring the student or prospective
  209  student to share specifically identified content that has been
  210  reported to the educational institution for the purpose of
  211  complying with its own legal obligations, subject to all legal
  212  and constitutional protections that are applicable to the
  213  student or prospective student.
  214         (e)A landlord, if the landlord does not also request or
  215  require a tenant or prospective tenant to provide his or her
  216  username and password, his or her password, or another means of
  217  authentication that provides access to a personal online
  218  account, from requesting or requiring the tenant or prospective
  219  tenant to share specifically identified content that has been
  220  reported to the landlord for the purpose of:
  221         1.Enabling a landlord to comply with its own legal and
  222  regulatory obligations; or
  223         2.Investigating an allegation, based on the receipt of
  224  information regarding specifically identified content, of a
  225  lease violation by the tenant where such a violation presents an
  226  imminent threat of harm to the health or safety of another
  227  tenant or occupant of the real property or of damage to the real
  228  property.
  229         (6)INADVERTENT RECEIPT OF PASSWORD.—If, through the use of
  230  an otherwise lawful technology that monitors its network or
  231  devices that it has provided to an employee, a student, or a
  232  tenant, or a prospective employee, student, or tenant, for
  233  network security or data confidentiality purposes, an employer,
  234  an educational institution, or a landlord that inadvertently
  235  receives the username and password, the password, or another
  236  means of authentication that provides access to a personal
  237  online account of the employee, student, or tenant, or the
  238  prospective employee, student, or tenant, as applicable, the
  239  employer, educational institution, or landlord, as applicable:
  240         (a)Is not liable for having the information;
  241         (b)May not use the information to access the personal
  242  online account of the employee, student, or tenant, or the
  243  prospective employee, student, or tenant;
  244         (c)May not share the information with any other person or
  245  entity; and
  246         (d)Must delete the information as soon as is reasonably
  247  practicable, unless it is retaining the information in
  248  connection with the pursuit of a specific criminal complaint or
  249  civil action, or the investigation thereof.
  250         (7)ENFORCEMENT.—
  251         (a)A person who is injured by a violation of this act,
  252  including an injury to his or her reputation, may bring an
  253  action for damages or equitable relief against his or her
  254  employer, educational institution, or landlord, including its
  255  employees or agents responsible for the violation. Such person
  256  is entitled to actual damages, including mental pain and
  257  suffering arising out of a violation of this act, and reasonable
  258  attorney fees and other costs of litigation.
  259         (b)Any employee or agent of an educational institution who
  260  violates this act may be subject to disciplinary proceedings and
  261  action. If the educational institution employees are represented
  262  under the terms of a collective bargaining agreement, this act
  263  prevails except where it conflicts with the collective
  264  bargaining agreement, any memorandum of agreement or
  265  understanding signed pursuant to the collective bargaining
  266  agreement, or any recognized and established practice relative
  267  to the members of the bargaining unit.
  268         (8)ADMISSIBILITY.—Except as proof of a violation of this
  269  act, data obtained, accessed, used, copied, disclosed, or
  270  retained in violation of this act, or any evidence derived
  271  therefrom, is not admissible in any criminal, civil,
  272  administrative, or other proceeding.
  273         Section 2. This act shall take effect upon becoming a law.