Florida Senate - 2017                              CS for SB 686
       
       
        
       By the Committee on Criminal Justice; and Senator Baxley
       
       
       
       
       
       591-03323A-17                                          2017686c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; defining terms; requiring that
    4         electronic mail addresses and Internet identifiers of
    5         sexual predators or sexual offenders reported pursuant
    6         to specified laws be exempt from public records
    7         requirements; providing retroactive applicability;
    8         providing construction; providing for future review
    9         and repeal of the exemption; providing a statement of
   10         public necessity; providing a directive to the
   11         Division of Law Revision and Information; providing a
   12         contingent effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (l) is added to subsection (5) of
   17  section 119.071, Florida Statutes, to read:
   18         119.071 General exemptions from inspection or copying of
   19  public records.—
   20         (5) OTHER PERSONAL INFORMATION.—
   21         (l)1. As used in this paragraph, the term:
   22         a. “Electronic mail address” has the same meaning as in s.
   23  668.602.
   24         b. “Internet identifier” has the same meaning as in s.
   25  775.21.
   26         2. Electronic mail addresses and Internet identifiers
   27  registered by sexual predators or sexual offenders and held by
   28  agencies pursuant to s. 775.21, s. 943.0435, s. 944.606, s.
   29  944.607, s. 985.481, or s. 985.4815 are exempt from s. 119.07(1)
   30  and s. 24(a), Art. I of the State Constitution. This exemption
   31  applies to records held before, on, or after the effective date
   32  of this act.
   33         3. This paragraph does not prohibit a law enforcement
   34  agency from confirming to a member of the public that an
   35  electronic mail address or Internet identifier reported pursuant
   36  to s. 775.21, s. 943.0435, s. 944.606, s. 944.607, s. 985.481,
   37  or s. 985.4815 is registered in the Department of Law
   38  Enforcement sexual offender and sexual predator registry.
   39         4. This paragraph is subject to the Open Government Sunset
   40  Review Act in accordance with s. 119.15 and shall stand repealed
   41  on October 2, 2022, unless reviewed and saved from repeal
   42  through reenactment by the Legislature.
   43         Section 2. (1) The Legislature finds that it is a public
   44  necessity that electronic mail addresses and Internet
   45  identifiers registered by sexual predators and sexual offenders
   46  and held by agencies pursuant to s. 775.21, s. 943.0435, s.
   47  944.606, s. 944.607, s. 985.481, or s. 985.4815, Florida
   48  Statutes, be made exempt from s. 119.071(1), Florida Statutes,
   49  and s. 24(a), Article I of the State Constitution. The
   50  Legislature finds that the exemption strikes an important
   51  balance between the government’s legitimate interest in public
   52  safety and protecting individuals’ rights afforded under the
   53  Constitution of the State of Florida and the First Amendment
   54  rights protected by the United States Constitution. The
   55  exemption maintains the ability of members of the public to
   56  confirm whether an electronic mail address or Internet
   57  identifier is associated with or is contained in the sexual
   58  offender and sexual predator registry without obtaining the
   59  personal identifying information of the registrant associated
   60  with the electronic mail address or Internet identifier. This
   61  exemption allows members of the public access to safety
   62  information which assists them in making informed decisions
   63  regarding communicating or otherwise interacting with registered
   64  sexual predators and sexual offenders. Additionally, this
   65  exemption preserves the ability of criminal justice agencies to
   66  access valuable investigative information. Criminal justice
   67  agencies are tasked with the prevention of crimes to protect
   68  residents, particularly children, from sexual exploitation
   69  through investigating and bringing offenders to justice. As
   70  daily life necessitates increasing dependence upon access to the
   71  Internet, sexual exploitation through the use of the Internet
   72  grows as well. There is a nexus between commercial social
   73  networking sites and Internet sex crimes. Commercial social
   74  networking sites are widely used among youth and adults for
   75  introduction, communication, and publication of personal details
   76  that may be exploited. Additionally, locating missing children
   77  and sexual predators and sexual offenders who have evaded
   78  registration is greatly aided through the use of registered
   79  electronic mail addresses and Internet identifiers. Without this
   80  exemption, criminal justice agencies may lose access to
   81  information which has become a valuable investigative tool since
   82  the inception of this registration requirement. Absent a
   83  registration requirement for electronic mail addresses and
   84  Internet identifiers, investigative agencies will be severely
   85  hampered in the growing call to protect our residents from
   86  sexual exploitation online.
   87         (2) The Legislature recognizes the importance of protecting
   88  rights provided in the First Amendment to the United States
   89  Constitution for all citizens. Equally, the Legislature
   90  recognizes the importance of preserving the civil regulatory
   91  processes of sexual offender and sexual predator registration
   92  and ensuring criminal justice agencies have the critical
   93  resource of sexual offender and sexual predator electronic mail
   94  address and Internet identifier registration information
   95  necessary to protect our residents. Electronic mail addresses
   96  and Internet identifiers have an exceptional distinction from
   97  other registration requirements in that they are used as unique
   98  personal identifiers for speech and communication. Because of
   99  this distinction, a public records exemption is required to
  100  avoid any appearance of infringement on registrants’
  101  constitutional rights. If the ability to collect this
  102  information were prevented, it would greatly disrupt the ability
  103  of criminal justice agencies to use this essential information
  104  in combatting the prevalent problem of online sexual
  105  exploitation of children. For these reasons and for the
  106  preservation of and continued collection of this information,
  107  the Legislature finds that it is a public necessity that the
  108  electronic mail addresses and Internet identifiers continue to
  109  be registered by sexual predators and sexual offenders and held
  110  by agencies pursuant to ss. 775.21, 943.0435, 944.606, 944.607,
  111  985.481, and 985.4815, Florida Statutes, be exempt from public
  112  record requirements.
  113         Section 3. The Division of Law Revision and Information is
  114  directed to replace the phrase “the effective date of this act”
  115  whenever it occurs in this act with the date the act becomes a
  116  law.
  117         Section 4. This act shall take effect on the same date that
  118  SB 684 or similar legislation takes effect, if such legislation
  119  is adopted in the same legislative session or an extension
  120  thereof and becomes a law.