Senate Bill sb2178
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Florida Senate - 2005 SB 2178
By Senator Posey
24-1238A-05
1 A bill to be entitled
2 An act relating to public records; amending s.
3 97.0585, F.S.; revising an exemption from the
4 public-records law which is provided for
5 information concerning persons who decline to
6 register to vote, information relating to the
7 place where a person registered to vote or
8 updated a registration, and a voter's signature
9 and social security number; deleting an
10 exemption from disclosure provided for the
11 voter's telephone number; exempting from public
12 disclosure information relating to absentee
13 ballot requests; providing certain exceptions;
14 providing for future legislative review and
15 repeal under the Open Government Sunset Review
16 Act; providing a finding of public necessity;
17 providing a contingent effective date.
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19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Section 97.0585, Florida Statutes, is
22 amended to read:
23 97.0585 Public-records exemption; certain voter
24 Declinations to register; place of registration and
25 registration information; confidentiality.--The following
26 information concerning voters and voter registration is
27 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
28 of the State Constitution and may be used only for purposes of
29 voter registration:
30 (1) All declinations to register to vote made pursuant
31 to ss. 97.057 and 97.058 are confidential and exempt from the
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Florida Senate - 2005 SB 2178
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1 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
2 Constitution and may be used only for voter registration
3 purposes.
4 (2) Information relating to the place where a person
5 registered to vote or where a person updated a voter
6 registration. is confidential and exempt from the provisions
7 of s. 119.07(1) and s. 24(a), Art. I of the State
8 Constitution; and
9 (3) A voter registration applicant's or a voter's
10 signature and, social security number, and telephone number
11 may not be copied and are exempt for that purpose from the
12 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
13 Constitution.
14 (4) Information relating to absentee ballot requests
15 which is collected pursuant to s. 101.62 and which includes
16 the date a request for an absentee ballot was made, the date
17 the absentee ballot was delivered or mailed, the date the
18 ballot was received by the supervisor of elections, and any
19 other information the supervisor deems necessary regarding the
20 request. However, this information may be reproduced for or
21 made available to, for political purposes only, a canvassing
22 board, an election official, a political party or official
23 thereof, a candidate who has filed qualification papers and is
24 opposed in an upcoming election, registered political
25 committees, and committees of continuous existence.
26 Section 2. Section 97.0585, Florida Statutes, as
27 amended by this act, is subject to the Open Government Sunset
28 Review Act of 1995 in accordance with section 119.15, Florida
29 Statutes, and shall stand repealed on October 2, 2010, unless
30 reviewed and saved from repeal through reenactment by the
31 Legislature.
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Florida Senate - 2005 SB 2178
24-1238A-05
1 Section 3. The Legislature finds that the exemptions
2 from the public-records law which are provided in this act are
3 necessary because the National Voter Registration Act requires
4 confidentiality of information concerning the decision not to
5 register to vote or concerning the place where a person
6 registers to vote. Therefore, since this state has a unified
7 voter registration system for federal and state elections,
8 this information must be kept confidential in order to comply
9 fully with the National Voter Registration Act. The exemptions
10 are also provided in order to protect personal information
11 concerning individuals who apply for or receive public
12 assistance. In addition, keeping this information confidential
13 and exempt from the public-records law will encourage voter
14 registration and remove disincentives to registering to vote.
15 The Legislature also finds that it is a public necessity to
16 protect from public availability personal identifying
17 information such as social security numbers and signatures
18 that may be used to perpetuate the theft of identity which has
19 become a significant problem in our technology-based society.
20 The implementation of a statewide voter registration system in
21 2006 will result in the collection and maintenance of one of
22 the most comprehensive databases of persons in this state. The
23 ease of access and distribution of information in public
24 records due to technology-based mediums such as the Internet
25 may result in voter fraud, facilitate the crime of identity
26 theft, and subject individuals to an invasion of privacy.
27 Additionally, public access to such information may result in
28 severe economic harm to an individual whose identity has been
29 stolen or whose home is the site of breaking and entering in
30 his or her absence due to information received concerning an
31 absentee ballot request.
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Florida Senate - 2005 SB 2178
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1 Section 4. This act shall take effect on the same date
2 that Senate Bill ____ or similar legislation takes effect, if
3 such legislation is enacted in the same legislative session or
4 an extension thereof and becomes law.
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7 SENATE SUMMARY
8 Revises an exemption from the public-records law which is
provided for information concerning persons who decline
9 to register to vote, information relating to the place
where a person registered to vote or updated a
10 registration, and a voter's signature and social security
number. Deletes a provision that exempts a voter's
11 telephone number from public disclosure. Exempts
information concerning absentee ballot requests from
12 public disclosure. Provides for future legislative review
and repeal of the exemptions under the Open Government
13 Sunset Review Act.
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