HB 1763 2003
1	A bill to be entitled
2	An act relating to the public records exemption for the
3	Address Confidentiality Program for Victims of Domestic
4	Violence; amending s. 741.406, F.S.; repealing provisions
5	which prohibit a supervisor of elections from making
6	certain program participant information available;
7	repealing s. 741.407, F.S., which prohibits the Attorney
8	General from disclosing specified program participant
9	information; amending s. 741.465, F.S., which provides an
10	exemption from public records requirements for specified
11	information of participants in the Address Confidentiality
12	Program for Victims of Domestic Violence; adding
13	clarifying language; removing the October 2, 2003, repeal
14	thereof scheduled under the Open Government Sunset Review
15	Act of 1995; creating a public records exemption for the
16	names, addresses, and telephone numbers of participants in
17	the Address Confidentiality Program for Victims of
18	Domestic Violence contained in voter registration records
19	held by the supervisor of elections; providing for
20	retroactive application of the exemption; providing for
21	future review and repeal of exemption; providing a
22	statement of public necessity; providing an effective
23	date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1. Section 741.406, Florida Statutes, is amended
28	to read:
29	741.406 Voting by program participant; use of designated
30	address by supervisor of elections.--
31	(1)A program participant who is otherwise qualified to
32	vote may request an absentee ballot pursuant to s. 101.62. The
33	program participant shall automatically receive absentee ballots
34	for all elections in the jurisdictions in which that individual
35	resides in the same manner as absentee voters. The supervisor of
36	elections shall transmit the absentee ballot to the program
37	participant at the address designated by the participant in his
38	or her application as an absentee voter. The name, address, and
39	telephone number of a program participant may not be included in
40	any list of registered voters available to the public.
41	(2) The supervisor of elections may not make the
42	participant's name, address, or telephone number contained in
43	voter registration records available for public inspection or
44	copying except:
45	(a) To a law enforcement agency for purposes of assisting
46	in the execution of an arrest warrant.
47	(b) If directed by a court order, to a person identified
48	in the order.
49	Section 2. Section 741.407, Florida Statutes, is repealed.
50	Section 3. Notwithstanding the October 2, 2003, repeal of
51	said section scheduled pursuant to the Open Government Sunset
52	Review Act of 1995, section 741.465, Florida Statutes, is
53	amended to read:
54	741.465 Public records exemption for theAddress
55	Confidentiality Program for Victims of Domestic Violence;
56	certain information exempt from disclosure.--
57	(1)The addresses, corresponding telephone numbers, and
58	social security numbers of program participants in the Address
59	Confidentiality Program for Victims of Domestic Violence held by
60	the Office of the Attorney Generalare exempt from s. 119.07(1)
61	and s. 24(a), Art. I of the State Constitution, except the
62	information may be disclosed under the following circumstances:
63	to a law enforcement agency for purposes of assisting in the
64	execution of a valid arrest warrant; if directed by a court
65	order, to a person identified in the order; or if the
66	certification has been canceled. For purposes of this section,
67	the term "address" means a residential street address, school
68	address, or work address, as specified on the individual's
69	application to be a program participant in the Address
70	Confidentiality Program for Victims of Domestic Violence. This
71	section is subject to the Open Government Sunset Review Act of
72	1995 in accordance with s. 119.15, and shall stand repealed on
73	October 2, 2003, unless reviewed and saved from repeal through
74	reenactment by the Legislature.
75	(2) The names, addresses, and telephone numbers of
76	participants in the Address Confidentiality Program for Victims
77	of Domestic Violence contained in voter registration records
78	held by the supervisor of elections are exempt from s. 119.07(1)
79	and s. 24(a), Art. I of the State Constitution, except the
80	information may be disclosed under the following circumstances:
81	to a law enforcement agency for purposes of assisting in the
82	execution of an arrest warrant or, if directed by a court order,
83	to a person identified in the order. This exemption applies to
84	information made exempt by this subsection before, on, or after
85	the effective date of the exemption.
86	Section 4. Subsection (2) of s. 741.465, Florida Statutes,
87	is subject to the Open Government Sunset Review Act of 1995 in
88	accordance with s. 119.15, Florida Statutes, and shall stand
89	repealed on October 2, 2008, unless reviewed and saved from
90	repeal through reenactment by the Legislature.
91	Section 5. The Legislature finds that it is a public
92	necessity that names, addresses, and telephone numbers of
93	participants in the Address Confidentiality Program for Victims
94	of Domestic Violence contained in voter registration records
95	held by the supervisor of elections be made exempt from public
96	records requirements. Participants in the program have
97	demonstrated to the Office of the Attorney General that there
98	exists a risk to their physical safety and security.
99	Nonetheless, the program participants must be afforded the
100	ability to participate in society and cast a vote in elections.
101	However, the supervisor of elections must have a verifiable
102	address for a program participant in order to place that
103	participant in the proper voting district and to maintain
104	accurate records for compliance with state and federal
105	requirements. The public records exemption for the
106	participant’s name is a public necessity because access to such
107	name narrows the location of that participant to his or her
108	voting area. In addition, access to the participant's address
109	and telephone number provides specific location and contact
110	information for the participant. Therefore, access to the
111	participant’s name, address, and telephone number defeats the
112	sole purpose of the Address Confidentiality Program for Victims
113	of Domestic Violence, which is to provide safety and security
114	for every participant.
115	Section 6. This act shall take effect upon becoming a law.