CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS/CS/HB 1637
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Crist and Posey offered the following:
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13 Amendment to Senate Amendment (794874) (with title
14 amendment)
15 On page 1, line 17, through page 9, line 3,
16 remove from the amendment: all of said lines
17 Section 1. Section 741.401, Florida Statutes, is
18 created to read:
19 741.401 Legislative findings; purpose.--The
20 Legislature finds that persons attempting to escape from
21 actual or threatened domestic violence frequently establish
22 new addresses in order to prevent their assailants or probable
23 assailants from finding them. The purpose of ss.
24 741.401-741.409 is to enable state and local agencies to
25 respond to requests for public records without disclosing the
26 location of a victim of domestic violence, to enable
27 interagency cooperation with the Attorney General in providing
28 address confidentiality for victims of domestic violence, and
29 to enable state and local agencies to accept a program
30 participant's use of an address designated by the Attorney
31 General as a substitute mailing address.
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1637
Amendment No. 01 (for drafter's use only)
1 Section 2. Section 741.402, Florida Statutes, is
2 created to read:
3 741.402 Definitions.--Unless the context clearly
4 requires otherwise, as used in ss. 741.401-741.409, the term:
5 (1) "Address" means a residential street address,
6 school address, or work address of an individual, as specified
7 on the individual's application to be a program participant
8 under ss. 741.401-741.409.
9 (2) "Program participant" means a person certified as
10 a program participant under s. 741.403. No person designated
11 a sexual predator pursuant to s. 775.21, a sexual offender as
12 defined in s. 944.606, or sentenced pursuant to s. 775.084,
13 or sentenced to a felony of the second degree or higher, or a
14 person under supervision of the Department of Corrections may
15 be a program participant.
16 (3) "Domestic violence" means an act as defined in s.
17 741.28.
18 Section 3. Section 741.403, Florida Statutes, is
19 created to read:
20 741.403 Address confidentiality program; application;
21 certification.--
22 (1) An adult person, a parent or guardian acting on
23 behalf of a minor, or a guardian acting on behalf of a person
24 adjudicated incapacitated under chapter 744 may apply to the
25 Attorney General to have an address designated by the Attorney
26 General serve as the person's address or the address of the
27 minor or incapacitated person. To the extent possible within
28 funds appropriated for this purpose, the Attorney General
29 shall approve an application if it is filed in the manner and
30 on the form prescribed by the Attorney General and if it
31 contains all of the following:
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1637
Amendment No. 01 (for drafter's use only)
1 (a) A sworn statement submitted by the state attorney
2 of the judicial circuit, or submitted by a law enforcement
3 officer investigating an incident of domestic violence and
4 approved by the officer's supervisor, or submitted by a court
5 in the case of an applicant who successfully petitioned the
6 court to issue a permanent injunction for protection against
7 domestic violence, which states that there are reasonable
8 grounds to believe that the applicant, or minor or
9 incapacitated person on whose behalf the application is made,
10 is a victim of domestic violence, and that the applicant, the
11 applicant's children, or minor or incapacitated person will be
12 at risk of bodily harm.
13 (b) A designation of the Attorney General as agent for
14 purposes of service of process and for the purpose of receipt
15 of mail.
16 (c) The mailing address where the applicant can be
17 contacted by the Attorney General, and the phone number or
18 numbers where the applicant can be called by the Attorney
19 General.
20 (d) A statement that the new address or addresses that
21 the applicant requests must not be disclosed for the reason
22 that disclosure will increase the risk of domestic violence.
23 (e) The signature of the applicant and of any
24 individual or representative of any office designated in
25 writing under s. 741.408 who assisted in the preparation of
26 the application, and the date on which the applicant signed
27 the application.
28 (2) Applications must be filed with the Office of the
29 Attorney General. An application fee may not be charged.
30 (3) Upon filing a properly completed application, the
31 Attorney General shall certify the applicant as a program
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1637
Amendment No. 01 (for drafter's use only)
1 participant. Applicants shall be certified for 1 year
2 following the date of filing unless the certification is
3 withdrawn or invalidated before that date. The Attorney
4 General shall by rule establish a renewal procedure.
5 (4) A person who falsely attests in an application
6 that disclosure of the applicant's address would endanger the
7 applicant's safety or the safety of the applicant's children
8 or the minor or incapacitated person on whose behalf the
9 application is made, or who knowingly provides false or
10 incorrect information upon making an application, commits a
11 misdemeanor of the second degree, punishable as provided in s.
12 775.082 or s. 775.083.
13 (5) Any person who attempts to gain access to a
14 program participant's actual address through fraud commits a
15 felony of the third degree, punishable as provided in s.
16 775.082, s. 775.083, or s. 775.084.
17 (6)(a) Any person who knowingly enters the address
18 confidentiality program to evade criminal prosecution of a
19 felony of the first degree or higher, commits a felony of the
20 first degree punishable as provided in s. 775.082, s. 775.083,
21 or s. 775.084.
22 (b) Any person who knowingly enters the address
23 confidentiality program to evade criminal prosecution of a
24 felony of the second degree, commits a felony of the second
25 degree punishable as provided in s. 775.082, s. 775.083, or s.
26 775.084.
27 (c) Any person who knowingly enters the address
28 confidentiality program to evade criminal prosecution of any
29 third degree felony or any misdemeanor, or to evade civil
30 liability commits a felony of the third degree punishable as
31 provided in s. 775.082, s. 775.083, or s. 775.084.
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1637
Amendment No. 01 (for drafter's use only)
1 (d) Any person designated as a sexual predator
2 pursuant to s. 775.21, a sexual offender as defined in s.
3 944.606, or sentenced pursuant to s. 775.084, who unlawfully
4 enters the address confidentiality program commits a felony of
5 the first degree punishable as provided in s. 775.082, s.
6 775.083, or s. 775.084.
7 Section 4. Section 741.404, Florida Statutes, is
8 created to read:
9 741.404 Certification cancellation.--
10 (1) If the program participant obtains a name change,
11 he or she loses certification as a program participant.
12 (2) The Attorney General may cancel a program
13 participant's certification if there is a change in the
14 residential address from the one listed on the application,
15 unless the program participant provides the Attorney General
16 with 14 days' prior notice of the change of address.
17 (3) The Attorney General may cancel certification of a
18 program participant if mail forwarded by the Attorney General
19 to the program participant's address is returned and is
20 undeliverable or if service of process documents are returned
21 to the Attorney General.
22 (4) The Attorney General shall cancel certification of
23 a program participant who applies using false information.
24 Section 5. Section 741.405, Florida Statutes, is
25 created to read:
26 741.405 Agency use of designated address.--
27 (1) A program participant may request that state and
28 local agencies or other governmental entities use the address
29 designated by the Attorney General as his or her address.
30 When creating a new public record, state and local agencies or
31 other governmental entities shall accept the address
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1637
Amendment No. 01 (for drafter's use only)
1 designated by the Attorney General as a program participant's
2 substitute address, unless the Attorney General has determined
3 that:
4 (a) The agency or entity has a bona fide statutory or
5 administrative requirement for the use of the address that
6 would otherwise be confidential under ss. 741.401-741.409;
7 (b) This address will be used only for those statutory
8 and administrative purposes;
9 (c) The agency or entity has identified the specific
10 program participant's record for which the waiver is
11 requested; or
12 (d) The agency or entity has explained how its
13 acceptance of a substitute address will prevent the agency
14 from meeting its obligations under the law and why it cannot
15 meet its statutory or administrative obligation by a change in
16 its internal procedures.
17 (2) During the review, evaluation, and appeal of an
18 agency's request, the agency shall accept the use of a program
19 participant's substitute address.
20 (3) The Attorney General's determination to grant or
21 withhold a requested waiver must be based on, but not limited
22 to, an evaluation of information provided under subsection
23 (1).
24 (4) If the Attorney General determines that an agency
25 or entity has a bona fide statutory or administrative need for
26 the actual address and that the information will be used only
27 for that purpose, the Attorney General may issue the actual
28 address to the agency or entity. When granting a waiver, the
29 Attorney General shall notify and require the agency or entity
30 to:
31 (a) Maintain the confidentiality of a program
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1637
Amendment No. 01 (for drafter's use only)
1 participant's address information;
2 (b) Limit the use of and access to that address;
3 (c) Designate an address disposition date after which
4 the agency or entity may no longer maintain the record of the
5 address; and
6 (d) Comply with any other provisions and
7 qualifications determined appropriate by the Attorney General.
8 (5) The Attorney General's denial of an agency's or
9 entity's waiver request must be made in writing and include a
10 statement of specific reasons for denial. Acceptance or denial
11 of an agency's or entity's waiver request shall constitute
12 final agency action.
13 (6) Pursuant to chapter 120, an agency or entity may
14 appeal the denial of its request.
15 (7) A program participant may use the address
16 designated by the Attorney General as his or her work address.
17 (8) The Office of the Attorney General shall forward
18 all first class mail to the appropriate program participants
19 at no charge.
20 Section 6. Section 741.406, Florida Statutes, is
21 created to read:
22 741.406 Voting by program participant; use of
23 designated address by supervisor of elections.--
24 (1) A program participant who is otherwise qualified
25 to vote may request an absentee ballot pursuant to s. 101.62.
26 The program participant shall automatically receive absentee
27 ballots for all elections in the jurisdictions in which that
28 individual resides in the same manner as absentee voters. The
29 supervisor of elections shall transmit the absentee ballot to
30 the program participant at the address designated by the
31 participant in his or her application as an absentee voter.
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1637
Amendment No. 01 (for drafter's use only)
1 The name, address, and telephone number of a program
2 participant may not be included in any list of registered
3 voters available to the public.
4 (2) The supervisor of elections may not make the
5 participant's name, address, or telephone number contained in
6 voter registration records available for public inspection or
7 copying except:
8 (a) To a law enforcement agency upon request of a law
9 enforcement agency.
10 (b) If directed by a court order, to a person
11 identified in the order.
12 Section 7. Section 741.407, Florida Statutes, is
13 created to read:
14 741.407 Disclosure of address prohibited;
15 exceptions.--The Attorney General may not make a program
16 participant's name, address, other than the address designated
17 by the Attorney General, or telephone number available for
18 inspection or copying, except under the following
19 circumstances:
20 (1) To a law enforcement agency upon request of a law
21 enforcement agency.
22 (2) If directed by a court order, to a person
23 identified in the order.
24 (3) If certification has been canceled.
25 Section 8. Section 741.408, Florida Statutes, is
26 created to read:
27 741.408 Assistance for program applicants.--The
28 Attorney General shall designate state and local agencies and
29 nonprofit agencies that provide counseling and shelter
30 services to victims of domestic violence to assist persons
31 applying to be program participants. Assistance and counseling
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1637
Amendment No. 01 (for drafter's use only)
1 rendered by the Office of the Attorney General or its
2 designees to applicants does not constitute legal advice.
3 Section 9. Section 741.409, Florida Statutes, is
4 created to read:
5 741.409 Adoption of rules.--The Attorney General may
6 adopt rules to facilitate the administration of this chapter
7 by state and local agencies and other governmental entities.
8 Section 10. This program may be implemented only to
9 the extent that it is funded by the Legislature. A general
10 revenue appropriation may not exceed $150,000 for fiscal year
11 1998-1999. For fiscal years 1990-2000 and 2000-2001, any
12 general revenue appropriation for this program may not be
13 greater than the total of the initial funding and an
14 increase29 of 5 percent of the allocation from the previous
15 year. This provision in no way prohibits the Attorney General
16 from seeking federal funds, grants, or donations to implement
17 or to expand this program.
18 Section 11. This act shall take effect October 1,
19 1998.
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22 ================ T I T L E A M E N D M E N T ===============
23 And the title is amended as follows:
24 On page 9, line 11, through page 10, line 24, of the
25 amendment
26 remove: all of said lines
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28 and insert in lieu thereof:
29 An act relating to confidentiality of
30 identifying information regarding domestic
31 violence victims; creating s. 741.401, F.S.;
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1637
Amendment No. 01 (for drafter's use only)
1 providing legislative findings and purpose;
2 creating s. 741.402, F.S.; providing
3 definitions; creating s. 741.403, F.S.;
4 providing for creation of the Address
5 Confidentiality Program for Victims of Domestic
6 Violence; providing for certification by the
7 Attorney General of applicants to participate
8 in the program; defining the offense of falsely
9 attesting or knowingly providing false or
10 incorrect information in such program
11 application, and providing penalties therefor;
12 defining the offense of attempting to gain
13 access to a program participant's actual
14 address through fraud, and providing penalties
15 therefor; creating s. 741.404, F.S.; providing
16 for certification cancellation; creating s.
17 741.405, F.S.; providing authority of state and
18 local agencies and other governmental entities
19 and guidelines relating to use of designated
20 address; creating s. 741.406, F.S.; providing
21 for voting by program participants in the same
22 manner as for absentee voters; prohibiting the
23 supervisor of elections from disclosing certain
24 information except under specified
25 circumstances; providing for appeal by agency
26 of requested waiver; creating s. 741.407, F.S.;
27 prohibiting disclosure of addresses and certain
28 information, except under specified
29 circumstances; creating s. 741.408, F.S.;
30 providing for certain assistance for program
31 applicants; creating s. 741.409, F.S.;
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HOUSE AMENDMENT
Bill No. CS/CS/HB 1637
Amendment No. 01 (for drafter's use only)
1 providing for adoption of rules; providing for
2 limitations on an appropriation to fund the
3 program; specifying the maximum percentage for
4 an increase in the general appropriation for
5 subsequent years; providing for the Attorney
6 General to seek other funds; providing an
7 effective date
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