Senate Bill sb1448

    Florida Senate - 2006                                  SB 1448

    By Senator Margolis





    35-964-06

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.071, F.S.; creating an exemption from

  4         public-records requirements for e-mail

  5         addresses of individuals which are held by

  6         state agencies; providing for future

  7         legislative review and repeal of the exemption

  8         under the Open Government Sunset Review Act;

  9         providing a finding of public necessity;

10         providing an effective date.

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

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14         Section 1.  Paragraph (g) is added to subsection (5) of

15  section 119.071, Florida Statutes, to read:

16         119.071  General exemptions from inspection or copying

17  of public records.--

18         (5)  OTHER PERSONAL INFORMATION.--

19         (g)  E-mail addresses of individuals which are held by

20  an agency are exempt from s. 119.07(1) and s. 24(a), Art. I of

21  the State Constitution. This paragraph is subject to the Open

22  Government Sunset Review Act in accordance with s. 119.15, and

23  shall stand repealed on October 2, 2011, unless reviewed and

24  saved from repeal through reenactment by the Legislature.

25         Section 2.  The Legislature finds that it is a public

26  necessity to exempt from public-records requirements the

27  e-mail addresses of individuals which are held by state

28  agencies. In an attempt to provide better service to the

29  public, state agencies often collect e-mail addresses of

30  individuals in order to contact them regarding a variety of

31  issues. An agency may contact individuals to provide notice of

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1448
    35-964-06




 1  public events or meetings, to make individuals aware of

 2  certain programs or opportunities, or for a variety of other

 3  purposes. Use of e-mail by state agencies, as opposed to the

 4  United States mail, is more efficient and saves agency funds.

 5  However, these e-mail addresses, if obtained by a solicitor,

 6  can be used to send advertisements or "spam" to the addresses.

 7  The e-mail addresses could also be sold for a variety of

 8  economic purposes and for a variety of reasons, causing even

 9  more solicitations. As a result, the privacy of individuals

10  who provide their e-mail addresses to a state agency is

11  invaded. Therefore, the Legislature finds that it is a public

12  necessity to exempt from public-records requirements the

13  e-mail addresses of individuals which are held by a state

14  agency.

15         Section 3.  This act shall take effect October 1, 2006.

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18                          SENATE SUMMARY

19    Exempts e-mail addresses of individuals which are held by
      state agencies from the public-records law. Provides for
20    future legislative review and repeal of the exemption
      under the Open Government Sunset Review Act.
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CODING: Words stricken are deletions; words underlined are additions.