State Sen. Jennifer Bradley, an attorney in Fleming Island and Republican who represents District 6, introduced a bill for the upcoming legislative session that, if enacted, would improve privacy protection from data brokers for judges, state law enforcement personnel and elected officials.
She filed SB 1064 on Jan. 5. Republican Rep. Juan Carlos Porras in Miami filed a companion bill, HB 1027, on Jan. 6.
The bill states that “public servants play an essential role in the functioning of the government of this state” and that “the nature of their public duties regularly places them in danger of death, serious physical injury, threats, intimidation, and other reprisals.”
The bill says that technology has broadened access to the personal data of public servants, giving rise to increased threats of violence and intimidation.
“Accordingly, the provisions set forth herein are both necessary and appropriate to protect the privacy, safety, and security of such public servants and to prevent interference in the administration of justice and the operation of government in this state.”
The bill would prohibit data brokers from distributing personal information, including home address, home telephone number and personal email address of public servants who file a written request and it provides penalties for violations.
The legislation defines a data broker as “a person or an entity that knowingly collects or obtains the protected information of a consumer and then discloses that information to a third party.”
Government agencies acting in their official capacity are exempt.
The bill includes a list of “covered persons,” including current or former federal judges, justices, district court of appeal judges, circuit and county judges, current judicial assistants, current or former administrative law judges, judges of compensation claims, general and special magistrates and child support hearing officers.
Current or former state attorneys, assistant state attorneys, public defenders, assistant public defenders and criminal conflict and civil regional counsel and their assistants would be covered under the law, as well as sheriffs and state and local elected officials, including legislators, city council members and mayors.
Data brokers who fail to comply with the law could be sued in circuit court for negligence.
The bill states that it is not “a defense to liability in such a proceeding that the covered person’s protected information is or was available to the public from other sources or available by inspection of public records.”
Plaintiffs could be awarded up to $1,000 per violation, reasonable attorney fees and costs and punitive damages if they prove willful or reckless disregard of the law.
If enacted, the law would take effect Jan. 15, 2027.
Lawmakers convene Jan. 13 in Tallahassee for the 60-day session.