Florida Senate - 2022                                    SB 1848
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-00355A-22                                          20221848__
    1                        A bill to be entitled                      
    2         An act relating to personal information protection;
    3         creating s. 501.9744, F.S.; providing a short title;
    4         defining terms; prohibiting a public agency from
    5         requiring, publicly disclosing, or requesting
    6         specified personal information; providing construction
    7         and applicability; providing for the right of civil
    8         action and award of damages; providing penalties;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 501.9744, Florida Statutes, is created
   14  to read:
   15         501.9744 Personal privacy protection.—
   16         (1) This act may be cited as the “Personal Privacy
   17  Protection Act.”
   18         (2) As used in this section, the term:
   19         (a) “Person” means an individual or a corporation, a
   20  partnership, an association, or any other legal or commercial
   21  entity.
   22         (b) “Personal information” means any compilation of data
   23  that directly or indirectly identifies a person as a member of,
   24  supporter of, volunteer for, or donor of financial or
   25  nonfinancial support to any entity exempt from federal income
   26  tax under s. 501(c)(3) of the Internal Revenue Code.
   27         (c) “Public agency” means any state or local governmental
   28  unit, however designated, including, but not limited to, the
   29  state; any department, agency, office, commission, board,
   30  division, or other entity of the state; any political
   31  subdivision of the state, including, but not limited to, a
   32  county, municipality, township, village, school district, or
   33  community college district or any other local governmental unit,
   34  agency, authority, council, board, or commission; or any state
   35  or local court, tribunal, or other judicial or quasi-judicial
   36  body.
   37         (3) Notwithstanding any law, and subject to subsection (4),
   38  a public agency may not do any of the following:
   39         (a) Require a person to provide the public agency with
   40  personal information or otherwise compel the release of personal
   41  information.
   42         (b) Require an entity exempt from federal income tax under
   43  s. 501(c)(3) of the Internal Revenue Code to provide the public
   44  agency with personal information or otherwise compel the release
   45  of personal information.
   46         (c) Release, publish, or otherwise publicly disclose
   47  personal information held by a public agency.
   48         (d) Request or require a current or prospective contractor
   49  or grantee with the public agency to provide the public agency
   50  with a list of entities exempt from federal income tax under s.
   51  501(c)(3) of the Internal Revenue Code to which it has provided
   52  financial or nonfinancial support.
   53         (4) This section does not preclude:
   54         (a) The disclosure of personal information exempt from
   55  disclosure under the Freedom of Information Act.
   56         (b) A report or disclosure required for campaign financing
   57  under chapter 106 or lobbying under chapter 11.
   58         (c) A lawful warrant for personal information issued by a
   59  court of competent jurisdiction.
   60         (d) A lawful request for discovery of personal information
   61  in litigation if both of the following conditions are met:
   62         1. The requestor demonstrates a compelling need for the
   63  personal information by clear and convincing evidence.
   64         2. The requestor obtains a protective order barring
   65  disclosure of personal information to any person not named in
   66  the litigation.
   67         (e) Admission of personal information as relevant evidence
   68  before a court of competent jurisdiction. However, a court may
   69  not publicly reveal personal information without a specific
   70  finding of good cause.
   71         (5) This section does not apply to a national securities
   72  association, as defined in 15 U.S.C. s. 78o-3, or regulations
   73  adopted thereunder, or to any information a national securities
   74  association provides to the Financial Services Commission
   75  pursuant to chapter 517 and rules adopted thereunder.
   76         (6)(a) A person alleging a violation of this section may
   77  bring a civil action for injunctive relief, damages, or both.
   78  Damages awarded under this section may include one of the
   79  following:
   80         1. For injury or loss caused by a violation, a sum not less
   81  than $2,500 for each violation.
   82         2. For an intentional violation, a sum not to exceed 3
   83  times the sum under subparagraph 1.
   84         (b) The court may award all or a portion of the costs of
   85  litigation, including reasonable attorney and witness fees, to
   86  the complainant bringing the action.
   87         (c) A person who knowingly violates this section commits a
   88  misdemeanor, punishable by imprisonment for not more than 90
   89  days or a fine of not more than $1,000, or both.
   90         Section 2. This act shall take effect July 1, 2022.