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.