HB 2120 Modifies various provisions relating to disclosure of information

     Handler: Crawford

Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 2120 - This act modifies various provisions relating to disclosure of information.

PERSONAL PRIVACY PROTECTION ACT

(Section 105.1500)

This act establishes the Personal Privacy Protection Act prohibiting public agencies, as defined in the act, from disclosing or requiring the disclosure of personal information, as defined in the act. Specifically, public agencies are prohibited from:

· Requiring any individual to provide the public agency with personal information or otherwise compel the release of such personal information;

· Requiring any entity exempt from federal income taxation under Section 501(c) of the Internal Revenue Code to provide the public agency with personal information or otherwise compel the release of personal information;

· Releasing, publicizing, or otherwise publicly disclosing personal information in possession of a public agency; or

· Requesting or requiring a current or prospective contractor or grantee with the public agency to provide the public agency with a list of entities exempt from federal income tax under Section 501(c) of the Internal Revenue Code to which it has provided financial or nonfinancial support.

The act contains various exceptions to these prohibitions.

Any person or entity may bring a civil action for appropriate injunctive relief, damages, or both. Damages may be not less than $2,500 to compensate for injury or loss caused by each violation of this act and, for an intentional violation, a sum of money not to exceed three times the sum of damages assessed. A court may additionally award all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the complainant in the action if the court determines that the award is appropriate. Furthermore, a person who knowingly violates this act is guilty of a Class B misdemeanor.

This provision is identical to a provision in the perfected SS/SCS/SB 741 (2022) and substantially similar to the perfected HCS/HB 2120 (2022), HCS/HB 1030 (2021), SB 464 (2021), and a provision in HCS/SS/SB 333 (2021).

OFFENSE OF TAMPERING WITH A JUDICIAL OFFICER

(Section 575.095)

The act also modifies provisions relating to the offense of tampering with a judicial officer. Specifically, a person commits the offense of tampering with a judicial officer if, with the purpose to harass, intimidate or influence a judicial officer in the performance of such officer's official duties, such person disseminates through any means, including by posting on the internet, the personal information of the judicial officer or of the spouse or dependent child of the judicial officer, as defined in the act.

The act modifies the definition of "judicial officer" for purposes of the offense of tampering with a judicial officer, to include commissioners of a state or federal court. It removes juvenile court commissioners from this definition as well.

Under current law, the offense of tampering with a judicial officer is a Class D felony. This act makes the offense a Class B felony if it results in death or bodily injury to the judicial officer or the spouse or dependent child of the judicial officer.

RECORDS OF MUNICIPALLY OWNED UTILITIES

(Section 610.021)

This act adds individually identifiable customer usage and billing records for customers of a municipally owned utility, unless the records are requested by the customer or authorized for release by the customer, to the list of records that may be closed under the Sunshine Law. A municipally owned utility shall make available to the public the customer's name, billing address, location of service, and dates of service provided for any commercial service account.

These provisions are identical to a provision in the perfected SCS/SB 761 (2022), SB 827 (2022), a provision contained in the truly agreed SCS/HCS/HB 362 (2021), SB 214 (2021), SCS/HB 657 (2021), SS#2/SCS/HCS/HB 1854 (2020), HB 1953 (2020), HCS/HB 1098 (2019), and SCS/SB 453 (2019).

OFFENSE OF TAMPERING WITH A PUBLIC OFFICIAL

(Section 1)

The act creates the offense of tampering with a public official. A person commits the offense of tampering with a public official if, with the purpose to harass, intimidate, or influence a public official in the performance of such official's official duties, such person disseminates through any means, including by posting on the internet, the personal information of the public official or the spouse or dependent child of the public official. The offense of tampering with a public official is punishable as a Class D felony, unless the offense results in death or bodily injury to a public official or the spouse or dependent child of the public official, in which case it is a Class B felony.

SCOTT SVAGERA


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