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HB 1027 2026
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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
A bill to be entitled 1
An act relating to the disclosure of public servants' 2
personal information; providing legislative findings; 3
creating s. 111.101, F.S.; defining terms; authorizing 4
certain public employees and officials to provide a 5
written notice to a data broker to prevent disclosure 6
of specified personal data concerning themselves and 7
related persons; prohibiting a data broker from 8
disclosing or redisclosing certain data after receipt 9
of such notice; authorizing data brokers to provide e-10
mail addresses for receipt of such notice under 11
specified conditions; providing for civil actions 12
against a data broker for failure to comply; providing 13
the standard of fault in such actions; providing that 14
it is not a defense that protected information was 15
available through specified means; providing that it 16
is an affirmative defense to assert that the person is 17
not a covered person; providing exceptions; providing 18
for damages and costs; providing construction; 19
providing severability; providing an effective date. 20
21
Be It Enacted by the Legislature of the State of Florida: 22
23
Section 1. The Legislature finds that the state's judges, 24
prosecutors, law enforcement officers, and other public servants 25
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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
play an essential role in the functioning of the government of 26
this state and that the nature of their public duties regularly 27
places them in danger of death, serious physical injury, 28
threats, intimidation, and other reprisals. Violence, threats, 29
and intimidation targeted at such public servants and their 30
families is on the rise. Technology has broadened access to the 31
personal information of such persons, defined in this act as 32
"protected information," and can be and has been used to 33
facilitate violence, threats, and intimidation. Accordingly, the 34
provisions set forth herein are both necessary and appropriate 35
to protect the privacy, safety, and security of such public 36
servants and to prevent interference in the administration of 37
justice and the operation of government in this state. 38
Section 2. Section 111.101, Florida Statutes, is created 39
to read: 40
111.101 Nondisclosure of public servants' personal 41
information.— 42
(1) DEFINITIONS.—As used in this section, the term: 43
(a) "Assignee" means a person or an entity to whom a 44
covered person's right to bring a civil action for a violation 45
of paragraph (2)(b) has been assigned, in writing, by the 46
covered person or his or her authorized agent. 47
(b) "Authorized agent" means any of the following persons 48
or entities authorized to submit or revoke a request for 49
nondisclosure of protected information on behalf of a covered 50
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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
person and to engage in communications and enforcement related 51
thereto: 52
1. A designated trustee or other agent acting pursuant to 53
a written power of attorney or other legal instrument on behalf 54
of a covered person who is physically or mentally incapacitated. 55
2. A parent or legal guardian acting on behalf of a child 56
who is a minor and otherwise entitled to nondisclosure pursuant 57
to this section. 58
3. A person or an entity that has been appointed pursuant 59
to a written power of attorney by a covered person to act on the 60
covered person's behalf with respect to this section. 61
4. An agent acting on behalf of a federal judge, a 62
designee of the United States Marshals' Service, or the clerk of 63
any United States District Court. 64
(c) "Covered person" means any of the following persons: 65
1. Active or former sworn law enforcement personnel or 66
active or former civilian personnel employed by a law 67
enforcement agency, including law enforcement officers; 68
correctional officers; correctional probation officers; 69
personnel of the Department of Children and Families whose 70
duties include the investigation of abuse, neglect, 71
exploitation, fraud, theft, or other criminal activities; or 72
personnel of the Department of Revenue or local governments 73
whose responsibilities include revenue collection and 74
enforcement or child support enforcement. 75
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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
2. Current or former federal judges, justices of the 76
Supreme Court, district court of appeal judges, circuit court 77
judges, or county court judges, and current judicial assistants. 78
3. Current or former general magistrates, special 79
magistrates, judges of compensation claims, administrative law 80
judges of the Division of Administrative Hearings, or child 81
support enforcement hearing officers. 82
4. Current or former state attorneys, assistant state 83
attorneys, statewide prosecutors, or assistant statewide 84
prosecutors. 85
5. Current or former juvenile probation officers, juvenile 86
probation supervisors, detention superintendents, assistant 87
detention superintendents, juvenile justice detention officers I 88
and II, juvenile justice detention officer supervisors, juvenile 89
justice residential officers, juvenile justice residential 90
officer supervisors I and II, juvenile justice counselors, 91
juvenile justice counselor supervisors, human services counselor 92
administrators, senior human services counselor administrators, 93
rehabilitation therapists, or social services counselors of the 94
Department of Juvenile Justice. 95
6. Current or former public defenders, assistant public 96
defenders, criminal conflict and civil regional counsel, or 97
assistant criminal conflict and civil regional counsel. 98
7. Individuals who hold or held elected public office 99
under the laws of this state at the state, county, or municipal 100
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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
level, including members of the Legislature, statewide officers, 101
county commissioners, sheriffs, mayors, city council members, or 102
individuals holding similar positions. 103
8. A child of a person identified in subparagraphs 1.-7., 104
until such child attains 26 years of age. 105
9. A person sharing custody of a minor child with a person 106
identified in subparagraphs 1.-7. 107
10. A blood or legal relative sharing a primary residence 108
with a person identified in subparagraphs 1.-7. 109
(d) "Data broker" means a person or an entity that 110
knowingly collects or obtains the protected information of a 111
consumer and then discloses that information to a third party. 112
The term does not include any governmental agency or its 113
representatives acting in their official capacity. 114
(e) "Disclose" means to solicit, sell, manufacture, give, 115
provide, lend, trade, mail, deliver, transfer, post, publish, 116
distribute, circulate, disseminate, present, exhibit, advertise, 117
offer, or include within a searchable list or database, 118
regardless of whether any other person or entity has actually 119
searched such list or database for the information. 120
(f) "Federal judge" has the same meaning as in the Daniel 121
Anderl Judicial Security and Privacy Act of 2022, Pub. L. No. 122
117-263, div. E, title LIX, subtitle D, Dec. 23, 2022, 136 Stat. 123
3458. 124
(g) "Home address" means the dwelling location at which a 125
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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
person resides and includes the person's physical address, 126
mailing address, street address, parcel identification number, 127
plot identification number, legal property description, 128
neighborhood name and lot number, GPS coordinates, or any other 129
descriptive property information that may reveal the home 130
address. 131
(h) "Home telephone number" means any telephone number 132
used primarily for personal communications or associated with 133
personal communications devices, including a landline or 134
cellular number. 135
(i) "Judicial assistant" means a court employee assigned 136
to the following class codes: 8140, 8150, 8310, or 8320. 137
(j) "Protected information" means: 138
1. A home address, including a primary residence or 139
secondary residences. 140
2. A home telephone number. 141
3. A personal e-mail address. 142
4. A social security number or driver license number. 143
5. A license plate number or other unique identifiers of a 144
vehicle owned, leased, or regularly used by the covered person. 145
6. The mobile advertising ID or any other unique 146
identifier used for tracking cellular phones or smart devices 147
regularly used by the covered person. 148
(2) NONDISCLOSURE OF PROTECTED INFORMATION.— 149
(a) A covered person or his or her authorized agent 150
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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
seeking to prohibit the disclosure by a data broker of the 151
protected information of the covered person must provide written 152
notice to the data broker referencing this section and 153
requesting that the data broker cease the disclosure of the 154
covered person's protected information, as described in such 155
notice. 156
(b) Not later than 10 business days following physical or 157
electronic receipt of such written notice, a data broker may not 158
disclose or redisclose, including, but not limited to, on the 159
Internet, the person's protected information set forth in such 160
notice. 161
(c) For receipt of such written notices from or on behalf 162
of covered persons, a data broker may provide an e-mail address 163
for receipt of written notices under this subsection, provided 164
that the e-mail address: 165
1. Is clearly and publicly published in a privacy policy 166
on the data broker's website; 167
2. Does not change without at least 30 days' notice to be 168
communicated in the privacy policy; and 169
3. Is able to receive any written notice delivered by e-170
mail. 171
(3) ENFORCEMENT.— 172
(a) A data broker that violates paragraph (2)(b) shall be 173
liable to the covered person or the covered person's assignee, 174
either of whom may bring a civil action in circuit court. 175
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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
(b) In any judicial proceeding initiated pursuant to 176
paragraph (a), the standard of fault is ordinary negligence, and 177
it is not a defense to liability in such proceeding that the 178
covered person's protected information is or was available to 179
the public from other sources or available by inspection of 180
public records. For the purpose of determining whether the 181
covered person's protected information has been disclosed in 182
violation of paragraph (2)(b), a party accessing a data broker's 183
website or other products or services may not, as a result of 184
such access, be deemed to have agreed on behalf of the covered 185
person or the covered person's assignee to any website terms and 186
conditions, including waivers of claims or limitations of 187
liability, with respect to the covered person's or the covered 188
person's assignee's rights under this section. Prior 189
verification of a covered person's status is not required for 190
the notice under paragraph (2)(a) to be effective, but it is an 191
affirmative defense to liability that such person is not a 192
covered person. 193
(c) A disclosure of protected information is not a 194
violation of this section if the disclosure is: 195
1. Made with the express authorization of the covered 196
person, contingent upon such authorization being provided 197
subsequent to the relevant nondisclosure request described in 198
paragraph (2)(a); or 199
2. For the sole purpose of facilitating a transaction 200
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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
initiated by the covered person. 201
(d) For violations of paragraph (2)(b), the court shall 202
award: 203
1. The greater of actual damages or liquidated damages 204
computed at the rate of $1,000 for each violation of paragraph 205
(2)(b). 206
2. Punitive damages upon proof of willful or reckless 207
disregard of the law. 208
3. Reasonable attorney fees and other litigation costs 209
reasonably incurred. 210
4. Any other preliminary or equitable relief as the court 211
determines to be appropriate. 212
(4) CONSTRUCTION AND SEVERABILITY.— 213
(a) This section shall be liberally construed in order to 214
accomplish its purpose. 215
(b) If any provision of this section or its application to 216
any person or circumstance is held invalid, the invalidity does 217
not affect other provisions or applications of this section 218
which can be given effect without the invalid provision or 219
application, and to this end the provisions of this section are 220
severable. 221
Section 3. This act shall take effect January 15, 2027. 222