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House Bill 1637

Florida House of Representatives - 1997 HB 1637 By Representative Hill 1 A bill to be entitled 2 An act relating to confidentiality of 3 identifying information regarding domestic 4 violence victims; creating s. 741.401, F.S.; 5 providing legislative findings and purpose; 6 creating s. 741.402, F.S.; providing 7 definitions; creating s. 741.403, F.S.; 8 providing for creation of the Address 9 Confidentiality Program for Victims of Domestic 10 Violence; providing for certification by the 11 Secretary of State of applicants to participate 12 in the program; defining the offense of falsely 13 attesting or knowingly providing false or 14 incorrect information in such program 15 application, and providing second degree 16 misdemeanor penalties therefor; defining the 17 offense of attempting to gain access to a 18 program participant's actual address through 19 fraud, and providing third degree felony 20 penalties therefor; creating s. 741.404, F.S.; 21 providing for certification cancellation; 22 creating s. 741.405, F.S.; providing authority 23 of state and local agencies and other 24 governmental entities and guidelines relating 25 to use of designated address; creating s. 26 741.406, F.S.; providing for voting by program 27 participants in the same manner as absentee 28 voters; prohibiting the supervisor of elections 29 from disclosing certain information except 30 under specified circumstances; providing for 31 appeal by agency of requested waiver; creating 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1637 504-132A-97 1 s. 741.407, F.S.; prohibiting disclosure of 2 addresses and certain information, except under 3 specified circumstances; requiring immediate 4 written notification by the Secretary of State 5 to a program participant with respect to 6 certain disclosure of information; creating s. 7 741.408, F.S.; providing for certain assistance 8 for program applicants; creating s. 741.409, 9 F.S.; providing for adoption of rules; 10 providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Section 741.401, Florida Statutes, is 15 created to read: 16 741.401 Legislative findings; purpose.--The 17 Legislature finds that persons attempting to escape from 18 actual or threatened domestic violence frequently establish 19 new addresses in order to prevent their assailants or probable 20 assailants from finding them. The purpose of ss. 21 741.401-741.409 is to enable state and local agencies to 22 respond to requests for public records without disclosing the 23 location of a victim of domestic violence, to enable 24 interagency cooperation with the Secretary of State in 25 providing address confidentiality for victims of domestic 26 violence, and to enable state and local agencies to accept a 27 program participant's use of an address designated by the 28 Secretary of State as a substitute mailing address. 29 Section 2. Section 741.402, Florida Statutes, is 30 created to read: 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1637 504-132A-97 1 741.402 Definitions.--Unless the context clearly 2 requires otherwise, as used in ss. 741.401-741.409, the term: 3 (1) "Address" means a residential street address, 4 school address, or work address of an individual, as specified 5 on the individual's application to be a program participant 6 under ss. 741.401-741.409. 7 (2) "Program participant" means a person certified as 8 a program participant under s. 741.403. 9 (3) "Domestic violence" means an act as defined in s. 10 741.28 and includes a threat of such acts committed against an 11 individual in a domestic situation, regardless of whether 12 these acts or threats have been reported to law enforcement 13 officers. 14 Section 3. Section 741.403, Florida Statutes, is 15 created to read: 16 741.403 Address confidentiality program; application; 17 certification.-- 18 (1) An adult person, a parent or guardian acting on 19 behalf of a minor, or a guardian acting on behalf of a person 20 adjudicated incapacitated under chapter 744, may apply to the 21 Secretary of State to have an address designated by the 22 Secretary of State serve as the person's address or the 23 address of the minor or incapacitated person. The Secretary 24 of State shall approve an application if it is filed in the 25 manner and on the form prescribed by the Secretary of State 26 and if it contains all of the following: 27 (a) A sworn statement by the applicant that the 28 applicant has good reason to believe that the applicant, or 29 the minor or incapacitated person on whose behalf the 30 application is made, is a victim of domestic violence; and 31 that the applicant fears for his or her safety or his or her 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1637 504-132A-97 1 children's safety, or the safety of the minor or incapacitated 2 person on whose behalf the application is made. 3 (b) A designation of the Secretary of State as agent 4 for purposes of service of process and for the purpose of 5 receipt of mail. 6 (c) The mailing address where the applicant can be 7 contacted by the Secretary of State, and the phone number or 8 numbers where the applicant can be called by the Secretary of 9 State. 10 (d) A statement that the new address or addresses that 11 the applicant requests must not be disclosed for the reason 12 that disclosure will increase the risk of domestic violence. 13 (e) The signature of the applicant and of any 14 individual or representative of any office designated in 15 writing under s. 741.408 who assisted in the preparation of 16 the application, and the date on which the applicant signed 17 the application. 18 (2) Applications shall be filed with the office of the 19 Secretary of State, and there shall be no application fee. 20 (3) Upon filing a properly completed application, the 21 Secretary of State shall certify the applicant as a program 22 participant. Applicants shall be certified for 4 years 23 following the date of filing unless the certification is 24 withdrawn or invalidated before that date. The Secretary of 25 State shall by rule establish a renewal procedure. 26 (4) A person who falsely attests in an application 27 that disclosure of the applicant's address would endanger the 28 applicant's safety or the safety of the applicant's children 29 or the minor or incapacitated person on whose behalf the 30 application is made, or who knowingly provides false or 31 incorrect information upon making an application, commits a 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1637 504-132A-97 1 misdemeanor of the second degree, punishable as provided in s. 2 775.082 or s. 775.083. 3 (5) Any person who attempts to gain access to a 4 program participant's actual address through fraud commits a 5 felony of the third degree, punishable as provided in s. 6 775.082, s. 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 Secretary of State 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 Secretary of State 16 with 14 days' prior notice of the change of address. 17 (3) The Secretary of State may cancel certification of 18 a program participant if mail forwarded by the Secretary of 19 State to the program participant's address is returned as 20 nondeliverable. 21 (4) The Secretary of State shall cancel certification 22 of a program participant who applies using false information. 23 Section 5. Section 741.405, Florida Statutes, is 24 created to read: 25 741.405 Agency use of designated address.-- 26 (1) A program participant may request that state and 27 local agencies or other governmental entities use the address 28 designated by the Secretary of State as his or her address. 29 When creating a new public record, state and local agencies or 30 other governmental entities shall accept the address 31 designated by the Secretary of State as a program 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1637 504-132A-97 1 participant's substitute address, unless the Secretary of 2 State has determined that: 3 (a) The agency or entity has a bona fide statutory or 4 administrative requirement for the use of the address which 5 would otherwise be confidential under ss. 741.401-741.409. 6 (b) This address will be used only for those statutory 7 and administrative purposes. 8 (c) The agency or entity has identified the specific 9 program participant's record for which the waiver is 10 requested. 11 (d) The agency or entity has identified the 12 individuals who will have access to the record. 13 (e) The agency or entity has explained how its 14 acceptance of a substitute address will prevent the agency 15 from meeting its obligations under the law and why it cannot 16 meet its statutory or administrative obligation by a change in 17 its internal procedures. 18 (3) During the review, evaluation, and appeal of an 19 agency's request, the agency shall accept the use of a program 20 participant's substitute address. 21 (4) The Secretary of State's determination to grant or 22 withhold a requested waiver shall be based on, but not limited 23 to, an evaluation of information provided under subsection 24 (1). 25 (5) If the Secretary of State determines that an 26 agency or entity has a bona fide statutory or administrative 27 need for the actual address and that the information will be 28 used only for that purpose, the Secretary of State may issue 29 the actual address to the agency or entity. When granting a 30 waiver, the Secretary of State shall notify and require the 31 agency or entity to: 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1637 504-132A-97 1 (a) Maintain the confidentiality of a program 2 participant's address information; 3 (b) Limit the use and access to that address; 4 (c) Designate an address disposition date after which 5 the agency or entity may no longer maintain the record of the 6 address; and 7 (d) Comply with any other provisions and 8 qualifications determined appropriate by the Secretary of 9 State. 10 (6) The Secretary of State's denial of an agency's or 11 entity's waiver request shall be made in writing and include a 12 statement of specific reasons for denial. 13 (7) An agency or entity may appeal the denial of its 14 request. 15 (8) A program participant may use the address 16 designated by the Secretary of State as his or her work 17 address. 18 (9) The office of the Secretary of State shall forward 19 all first class mail to the appropriate program participants 20 at no charge. 21 Section 6. Section 741.406, Florida Statutes, is 22 created to read: 23 741.406 Voting by program participant; use of 24 designated address by supervisor of elections.-- 25 (1) A program participant who is otherwise qualified 26 to vote may request an absentee ballot pursuant to s. 101.62. 27 The program participant shall automatically receive absentee 28 ballots for all elections in the jurisdictions for which that 29 individual resides in the same manner as absentee voters, 30 except that program participants shall not be required to make 31 new requests for an absentee ballot each calendar year. The 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1637 504-132A-97 1 supervisor of elections shall transmit the absentee ballot to 2 the program participant at the address designated by the 3 participant in his or her application as an absentee voter. 4 Neither the name nor the address or telephone number of a 5 program participant shall be included in any list of 6 registered voters available to the public. 7 (2) The supervisor of elections may not make the 8 participant's name, address, or telephone number contained in 9 voter registration records available for public inspection or 10 copying except under the following circumstances: 11 (a) If requested by a law enforcement agency, to the 12 law enforcement agency. 13 (b) If directed by a court order, to a person 14 identified in the order. 15 Section 7. Section 741.407, Florida Statutes, is 16 created to read: 17 741.407 Disclosure of address prohibited; 18 exceptions.--The Secretary of State may not make a program 19 participant's name, address, other than the address designated 20 by the Secretary of State, or telephone number available for 21 inspection or copying, except under the following 22 circumstances: 23 (1) If requested by a law enforcement agency, to the 24 law enforcement agency. 25 (2) If directed by a court order, to a person 26 identified in the order. 27 (3) If certification has been canceled. 28 29 The Secretary of State immediately shall provide written 30 notification of disclosure to a program participant when a 31 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1637 504-132A-97 1 disclosure takes place in one of the instances described in 2 this section. 3 Section 8. Section 741.408, Florida Statutes, is 4 created to read: 5 741.408 Assistance for program applicants.--The 6 Secretary of State shall designate state and local agencies 7 and nonprofit agencies that provide counseling and shelter 8 services to victims of domestic violence to assist persons 9 applying to be program participants. Any assistance and 10 counseling rendered by the office of the Secretary of State or 11 its designees to applicants shall in no way be construed as 12 legal advice. 13 Section 9. Section 741.409, Florida Statutes, is 14 created to read: 15 741.409 Adoption of rules.--The Secretary of State may 16 adopt rules to facilitate the administration of this chapter 17 by state and local agencies and other governmental entities. 18 Section 10. This act shall take effect October 1, 19 1997. 20 21 22 23 24 25 26 27 28 29 30 31 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1637 504-132A-97 1 ***************************************** 2 HOUSE SUMMARY 3 Provides for creation of the Address Confidentiality 4 Program for Victims of Domestic Violence. Provides legislative findings and purpose and provides 5 definitions. Provides for certification by the Secretary of State of applicants to participate in the program. 6 Defines the offense of falsely attesting or knowingly providing false or incorrect information in such program 7 application, and provides second degree misdemeanor penalties therefor. Defines the offense of attempting to 8 gain access to a program participant's actual address through fraud, and provides third degree felony penalties 9 therefor. Provides for certification cancellation. Provides authority of state and local agencies and other 10 governmental entities and guidelines relating to use of designated addresses. Provides for voting by program 11 participants in the same manner as absentee voters. Prohibits the supervisor of elections from disclosing 12 certain information except under specified circumstances. Provides for appeal by agency of requested waiver. 13 Prohibits disclosure of addresses and certain information, except under specified circumstances. 14 Requires immediate written notification by the Secretary of State to a program participant with respect to certain 15 disclosure of information. Provides for certain assistance for program applicants. Provides for adoption 16 of rules. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 10