Senate Bill sb1440

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    Florida Senate - 2003                                  SB 1440

    By the Committee on Children and Families





    300-887B-03

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         741.465, F.S.; providing for the

  4         confidentiality of information held by the

  5         Office of the Attorney General which identifies

  6         participants in the Address Confidentiality

  7         Program for Victims of Domestic Violence;

  8         providing for retroactive application; removing

  9         the repeal thereof scheduled under the Open

10         Government Sunset Review Act of 1995; providing

11         for the confidentiality of information

12         contained in voter registration records held by

13         the supervisors of elections which identifies

14         participants in the Address Confidentiality

15         Program for Victims of Domestic Violence;

16         providing for retroactive application;

17         providing for future legislative review and

18         repeal of the exemption; providing a statement

19         of public necessity; repealing ss. 741.406(2)

20         and 741.407, F.S., relating to an exemption

21         from public-records requirements for

22         information held by the supervisors of

23         elections and the Attorney General which

24         identifies participants in the Address

25         Confidentiality Program for Victims of Domestic

26         Violence; providing an effective date.

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28  Be It Enacted by the Legislature of the State of Florida:

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30         Section 1.  Notwithstanding the repeal scheduled on

31  October 2, 2003, under the Open Government Sunset Review Act

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    Florida Senate - 2003                                  SB 1440
    300-887B-03




  1  of 1995, section 741.465, Florida Statutes, is reenacted and

  2  amended to read:

  3         741.465  Public-record exemption for the Address

  4  Confidentiality Program for Victims of Domestic Violence;

  5  certain information exempt from disclosure.--

  6         (1)  The addresses, corresponding telephone numbers,

  7  and social security numbers of program participants in the

  8  Address Confidentiality Program for Victims of Domestic

  9  Violence held by the Office of the Attorney General are exempt

10  from s. 119.07(1) and s. 24(a), Art. I of the State

11  Constitution, except that the information may be disclosed

12  under the following circumstances: to a law enforcement agency

13  for purposes of assisting in the execution of a valid arrest

14  warrant; if directed by a court order, to a person identified

15  in the order; or if the certification has been canceled. For

16  purposes of this section, the term "address" means a

17  residential street address, school address, or work address,

18  as specified on the individual's application to be a program

19  participant in the Address Confidentiality Program for Victims

20  of Domestic Violence. This exemption applies to information

21  made exempt by this subsection before, on, or after October 1,

22  2003.

23         (2)  The names, addresses, or telephone numbers of

24  program participants in the Address Confidentiality Program

25  for Victims of Domestic Violence contained in voter

26  registration records held by the supervisors of elections are

27  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

28  Constitution, except that the information may be disclosed to

29  a law enforcement agency for purposes of assisting in the

30  execution of an arrest warrant; if directed by a court order,

31  to a person identified in the order; or if the certification

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    Florida Senate - 2003                                  SB 1440
    300-887B-03




  1  of a program participant has been cancelled. This exemption

  2  applies to information made exempt by this subsection before,

  3  on, or after October 1, 2003. This section is subject to the

  4  Open Government Sunset Review Act of 1995 in accordance with

  5  s. 119.15, and shall stand repealed on October 2, 2003, unless

  6  reviewed and saved from repeal through reenactment by the

  7  Legislature.

  8         Section 2.  Subsection (2) of section 741.465, Florida

  9  Statutes, is subject to the Open Government Sunset Review Act

10  of 1995 in accordance with section 119.15, Florida Statutes,

11  and shall stand repealed on October 2, 2008, unless reviewed

12  and saved from repeal through reenactment by the Legislature.

13         Section 3.  The Legislature finds that it is a public

14  necessity that names, addresses, and telephone numbers of

15  participants in the Address Confidentiality Program for

16  Victims of Domestic Violence contained in voter registration

17  records held by the supervisor of elections be made exempt

18  from public-records requirements. Participants in such program

19  have demonstrated to the Office of the Attorney General that

20  there exists a risk to their physical safety and security.

21  Nonetheless, these program participants must be afforded the

22  ability to participate in society and cast a vote in

23  elections. However, the supervisor of elections must have a

24  verifiable address for such participant in order to place that

25  participant in the proper voting district and to maintain

26  accurate records for compliance with state and federal

27  requirements. The public records exemption for the

28  participant's name is a public necessity because access to

29  such name narrows the location of that participant to his or

30  her voting area. In addition, access to the address and

31  telephone number provides specific location and contact

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    Florida Senate - 2003                                  SB 1440
    300-887B-03




  1  information for such participant. Therefore, access to such

  2  participant's name, address, and telephone number defeats the

  3  sole purpose of the Address Confidentiality Program for

  4  Victims of Domestic Violence, which is to provide safety and

  5  security for such participants.

  6         Section 4.  Subsection (2) of section 741.406 and

  7  section 741.407, Florida Statutes, are repealed.

  8         Section 5.  This act shall take effect October 1, 2003.

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11                          SENATE SUMMARY

12    Provides an exemption from the public-records law for
      information held by the Office of the Attorney General or
13    the supervisors of elections which identifies
      participants in the Address Confidentiality Program for
14    Victims of Domestic Violence. Provides for retroactive
      application. Provides for future legislative review and
15    repeal under the Open Government Sunset Review Act.
      Provides a statement of public necessity. Repeals
16    provisions made obsolete by the act.

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