Florida Senate - 2016                                     SB 702
       
       
        
       By Senator Altman
       
       
       
       
       
       16-00810-16                                            2016702__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         97.0585, F.S.; providing an exemption from public
    4         records requirements for specified information
    5         regarding a voter or voter registration applicant and
    6         information concerning preregistered voter
    7         registration applicants; authorizing disclosure of
    8         confidential and exempt information under certain
    9         circumstances; providing for future legislative review
   10         and repeal; providing a statement of public necessity;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 97.0585, Florida Statutes, is amended to
   16  read:
   17         97.0585 Public records exemption; information regarding
   18  voters and voter registration; confidentiality.—
   19         (1) The following information held by an agency as defined
   20  in s. 119.011, and obtained for the purpose of voter
   21  registration, is confidential and exempt from s. 119.07(1) and
   22  s. 24(a), Art. I of the State Constitution and may be used only
   23  for purposes of voter registration, unless disclosure is
   24  authorized under subsection (2):
   25         (a) All declinations to register to vote made pursuant to
   26  ss. 97.057 and 97.058.
   27         (b) Information relating to the place where a person
   28  registered to vote or where a person updated a voter
   29  registration.
   30         (c) The social security number, driver license number, and
   31  Florida identification number of a voter registration applicant
   32  or voter.
   33         (d) The legal residential address, date of birth, telephone
   34  number, and e-mail address of a voter registration applicant or
   35  voter.
   36         (e) All information concerning preregistered voter
   37  registration applicants who are 16 or 17 years of age.
   38         (2) A person’s information made confidential and exempt
   39  under paragraph (1)(d) shall be made available to or reproduced
   40  only for that voter registration applicant or voter, a
   41  canvassing board, an election official, a political party or
   42  official thereof, a candidate who has filed qualification papers
   43  and is opposed in an upcoming election, and registered political
   44  committees for political purposes only.
   45         (3)(2) The signature of a voter registration applicant or a
   46  voter is exempt from the copying requirements of s. 119.07(1)
   47  and s. 24(a), Art. I of the State Constitution.
   48         (4)(3) This section applies to information held by an
   49  agency before, on, or after the effective date of this
   50  exemption.
   51         (5) Paragraph (1)(d), paragraph (1)(e), and subsection (2)
   52  are subject to the Open Government Sunset Review Act in
   53  accordance with s. 119.15 and shall stand repealed on October 2,
   54  2021, unless reviewed and saved from repeal through reenactment
   55  by the Legislature.
   56         Section 2. (1) The Legislature finds it a public necessity
   57  that the following information held by an agency, and obtained
   58  for the purpose of voter registration, be confidential and
   59  exempt from public records requirements and used only for
   60  purposes of voter registration:
   61         (a) The legal residential address, date of birth, telephone
   62  number, and e-mail address of a voter registration applicant or
   63  voter.
   64         (b) All information concerning preregistered voter
   65  registration applicants who are 16 or 17 years of age.
   66         (2) Information such as a voter registration applicant’s or
   67  a voter’s legal residential address, date of birth, telephone
   68  number, and e-mail address are personal and sensitive and could
   69  be misused by a dishonest person if placed in the public domain
   70  with the applicant’s or the voter’s name. By matching a name and
   71  legal residential address, date of birth, telephone number, or
   72  e-mail address, a dishonest person could commit identity theft,
   73  which could result in financial harm to a voter registration
   74  applicant or a voter. The potential for harm that results from
   75  unfettered access to a voter registration applicant’s or a
   76  voter’s legal residential address, date of birth, telephone
   77  number, and e-mail address, accompanied by the person’s name,
   78  exceeds any public benefit that may be derived from disclosure
   79  of such information. In addition, such information may be used
   80  for consumer scams, unwanted solicitations, or other invasive
   81  contacts.
   82         (3) The Legislature also finds that e-mail addresses are
   83  personal information that could be misused and could result in
   84  voter fraud if released. A voter may request an absentee ballot
   85  using an e-mail address. Unrestricted access to such e-mail
   86  addresses may enable others to determine which voters are
   87  intending to vote by absentee ballot and result in the
   88  confiscation and misuse of a mailed absentee ballot by a person
   89  other than the requesting voter. In addition, collection of the
   90  e-mail address of a voter registration applicant or a voter
   91  would give supervisors of elections the opportunity to employ
   92  the cost-saving measure of electronically transmitting sample
   93  ballots. If a voter registration applicant or a voter knows that
   94  his or her e-mail address is subject to public disclosure, he or
   95  she may be less willing to provide the e-mail address to the
   96  supervisor of elections. Accordingly, the effective and
   97  efficient administration of a government program would be
   98  significantly impaired.
   99         (4) The Legislature also finds that information concerning
  100  preregistered 16-year-old and 17-year-old voter registration
  101  applicants could be misused if released. Minors are more
  102  vulnerable members of society, and the widespread release of
  103  information acquired through preregistration activities may be
  104  used to solicit, harass, stalk, or intimidate such individuals.
  105  Without such protection, a minor may be less likely to take
  106  advantage of pre-registering to vote, thus hindering the
  107  effective and efficient administration of a program that
  108  otherwise encourages greater participation in the democratic
  109  process.
  110         Section 3. This act shall take effect July 1, 2016.