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.