THE BILL ITSELF
HB 1027
Disclosure of Public Servants' Personal Information
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A bill to be entitled
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An act relating to the disclosure of public servants'
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personal information; providing legislative findings;
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creating s. 111.101, F.S.; defining terms; authorizing
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certain public employees and officials to provide a
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written notice to a data broker to prevent disclosure
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of specified personal data concerning themselves and
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related persons; prohibiting a data broker from
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disclosing or redisclosing certain data after receipt
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of such notice; authorizing data brokers to provide e-
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mail addresses for receipt of such notice under
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specified conditions; providing for civil actions
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against a data broker for failure to comply; providing
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the standard of fault in such actions; providing that
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it is not a defense that protected information was
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available through specified means; providing that it
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is an affirmative defense to assert that the person is
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not a covered person; providing exceptions; providing
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for damages and costs; providing construction;
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providing severability; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. The Legislature finds that the state's judges,
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prosecutors, law enforcement officers, and other public servants
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play an essential role in the functioning of the government of
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this state and that the nature of their public duties regularly
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places them in danger of death, serious physical injury,
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threats, intimidation, and other reprisals. Violence, threats,
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and intimidation targeted at such public servants and their
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families is on the rise. Technology has broadened access to the
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personal information of such persons, defined in this act as
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"protected information," and can be and has been used to
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facilitate violence, threats, and intimidation. Accordingly, the
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provisions set forth herein are both necessary and appropriate
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to protect the privacy, safety, and security of such public
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servants and to prevent interference in the administration of
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justice and the operation of government in this state.
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Section 2. Section 111.101, Florida Statutes, is created to read:
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111.101 Nondisclosure of public servants' personal
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information.—
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(1) DEFINITIONS.—As used in this section, the term:
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(a) "Assignee" means a person or an entity to whom a
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covered person's right to bring a civil action for a violation
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of paragraph (2)(b) has been assigned, in writing, by the
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covered person or his or her authorized agent.
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(b) "Authorized agent" means any of the following persons
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or entities authorized to submit or revoke a request for
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nondisclosure of protected information on behalf of a covered
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person and to engage in communications and enforcement related
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thereto:
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1. A designated trustee or other agent acting pursuant to
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a written power of attorney or other legal instrument on behalf
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of a covered person who is physically or mentally incapacitated.
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2. A parent or legal guardian acting on behalf of a child
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who is a minor and otherwise entitled to nondisclosure pursuant
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to this section.
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3. A person or an entity that has been appointed pursuant
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to a written power of attorney by a covered person to act on the
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covered person's behalf with respect to this section.
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4. An agent acting on behalf of a federal judge, a
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designee of the United States Marshals' Service, or the clerk of
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any United States District Court.
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(c) "Covered person" means any of the following persons:
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1. Active or former sworn law enforcement personnel or
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active or former civilian personnel employed by a law
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enforcement agency, including law enforcement officers;
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correctional officers; correctional probation officers;
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personnel of the Department of Children and Families whose
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duties include the investigation of abuse, neglect,
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exploitation, fraud, theft, or other criminal activities; or
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personnel of the Department of Revenue or local governments
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whose responsibilities include revenue collection and
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enforcement or child support enforcement.
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2. Current or former federal judges, justices of the
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Supreme Court, district court of appeal judges, circuit court
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judges, or county court judges, and current judicial assistants.
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3. Current or former general magistrates, special
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magistrates, judges of compensation claims, administrative law
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judges of the Division of Administrative Hearings, or child
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support enforcement hearing officers.
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4. Current or former state attorneys, assistant state
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attorneys, statewide prosecutors, or assistant statewide
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prosecutors.
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5. Current or former juvenile probation officers, juvenile
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probation supervisors, detention superintendents, assistant
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detention superintendents, juvenile justice detention officers I
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and II, juvenile justice detention officer supervisors, juvenile
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justice residential officers, juvenile justice residential
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officer supervisors I and II, juvenile justice counselors,
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juvenile justice counselor supervisors, human services counselor
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administrators, senior human services counselor administrators,
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rehabilitation therapists, or social services counselors of the
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Department of Juvenile Justice.
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6. Current or former public defenders, assistant public
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defenders, criminal conflict and civil regional counsel, or
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assistant criminal conflict and civil regional counsel.
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7. Individuals who hold or held elected public office
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under the laws of this state at the state, county, or municipal
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level, including members of the Legislature, statewide officers,
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county commissioners, sheriffs, mayors, city council members, or
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individuals holding similar positions.
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8. A child of a person identified in subparagraphs 1.-7.,
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until such child attains 26 years of age.
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9. A person sharing custody of a minor child with a person
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identified in subparagraphs 1.-7.
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10. A blood or legal relative sharing a primary residence
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with a person identified in subparagraphs 1.-7.
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(d) "Data broker" means a person or an entity that
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knowingly collects or obtains the protected information of a
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consumer and then discloses that information to a third party.
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The term does not include any governmental agency or its
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representatives acting in their official capacity.
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(e) "Disclose" means to solicit, sell, manufacture, give,
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provide, lend, trade, mail, deliver, transfer, post, publish,
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distribute, circulate, disseminate, present, exhibit, advertise,
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offer, or include within a searchable list or database,
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regardless of whether any other person or entity has actually
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searched such list or database for the information.
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(f) "Federal judge" has the same meaning as in the Daniel
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Anderl Judicial Security and Privacy Act of 2022, Pub. L. No.
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117-263, div. E, title LIX, subtitle D, Dec. 23, 2022, 136 Stat.
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3458.
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(g) "Home address" means the dwelling location at which a
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person resides and includes the person's physical address,
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mailing address, street address, parcel identification number,
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plot identification number, legal property description,
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neighborhood name and lot number, GPS coordinates, or any other
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descriptive property information that may reveal the home
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address.
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(h) "Home telephone number" means any telephone number
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used primarily for personal communications or associated with
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personal communications devices, including a landline or
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cellular number.
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(i) "Judicial assistant" means a court employee assigned
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to the following class codes: 8140, 8150, 8310, or 8320.
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(j) "Protected information" means:
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1. A home address, including a primary residence or
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secondary residences.
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2. A home telephone number.
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3. A personal e-mail address.
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4. A social security number or driver license number.
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5. A license plate number or other unique identifiers of a
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vehicle owned, leased, or regularly used by the covered person.
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6. The mobile advertising ID or any other unique
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identifier used for tracking cellular phones or smart devices
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regularly used by the covered person.
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(2) NONDISCLOSURE OF PROTECTED INFORMATION.—
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(a) A covered person or his or her authorized agent
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seeking to prohibit the disclosure by a data broker of the
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protected information of the covered person must provide written
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notice to the data broker referencing this section and
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requesting that the data broker cease the disclosure of the
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covered person's protected information, as described in such
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notice.
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(b) Not later than 10 business days following physical or
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electronic receipt of such written notice, a data broker may not
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disclose or redisclose, including, but not limited to, on the
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Internet, the person's protected information set forth in such
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notice.
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(c) For receipt of such written notices from or on behalf
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of covered persons, a data broker may provide an e-mail address
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for receipt of written notices under this subsection, provided
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that the e-mail address:
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1. Is clearly and publicly published in a privacy policy
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on the data broker's website;
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2. Does not change without at least 30 days' notice to be
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communicated in the privacy policy; and
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3. Is able to receive any written notice delivered by e-
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mail.
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(3) ENFORCEMENT.—
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(a) A data broker that violates paragraph (2)(b) shall be
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liable to the covered person or the covered person's assignee,
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either of whom may bring a civil action in circuit court.
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(b) In any judicial proceeding initiated pursuant to
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paragraph (a), the standard of fault is ordinary negligence, and
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it is not a defense to liability in such proceeding that the
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covered person's protected information is or was available to
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the public from other sources or available by inspection of
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public records. For the purpose of determining whether the
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covered person's protected information has been disclosed in
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violation of paragraph (2)(b), a party accessing a data broker's
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website or other products or services may not, as a result of
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such access, be deemed to have agreed on behalf of the covered
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person or the covered person's assignee to any website terms and
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conditions, including waivers of claims or limitations of
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liability, with respect to the covered person's or the covered
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person's assignee's rights under this section. Prior
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verification of a covered person's status is not required for
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the notice under paragraph (2)(a) to be effective, but it is an
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affirmative defense to liability that such person is not a
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covered person.
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(c) A disclosure of protected information is not a
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violation of this section if the disclosure is:
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1. Made with the express authorization of the covered
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person, contingent upon such authorization being provided
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subsequent to the relevant nondisclosure request described in
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paragraph (2)(a); or
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2. For the sole purpose of facilitating a transaction
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initiated by the covered person.
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(d) For violations of paragraph (2)(b), the court shall
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award:
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1. The greater of actual damages or liquidated damages
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computed at the rate of $1,000 for each violation of paragraph
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(2)(b).
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2. Punitive damages upon proof of willful or reckless
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disregard of the law.
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3. Reasonable attorney fees and other litigation costs
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reasonably incurred.
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4. Any other preliminary or equitable relief as the court
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determines to be appropriate.
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(4) CONSTRUCTION AND SEVERABILITY.—
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(a) This section shall be liberally construed in order to
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accomplish its purpose.
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(b) If any provision of this section or its application to
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any person or circumstance is held invalid, the invalidity does
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not affect other provisions or applications of this section
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which can be given effect without the invalid provision or
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application, and to this end the provisions of this section are
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severable.
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Section 3. This act shall take effect January 15, 2027.