HB 7079

1
A bill to be entitled
2An act relating to a review under the Open Government
3Sunset Review Act; amending s. 97.0585, F.S., which
4provides an exemption from public records requirements for
5certain information regarding voters and voter
6registration and which provides an exemption from the
7copying requirements for signatures of voters and voter
8registrants; making clarifying changes; creating a public-
9records exemption for specified personal identifying
10information of stalking victims held by the Attorney
11General or contained in voter registration and voting
12records held by the supervisor of elections or the
13Department of State; providing for future legislative
14review and repeal of the exemption under the Open
15Government Sunset Review Act; providing a statement of
16public necessity; repealing s. 3, ch. 2005-279, Laws of
17Florida, which provides for repeal of the exemption;
18providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Section 97.0585, Florida Statutes, is amended
23to read:
24     97.0585  Public records exemption; information regarding
25voters and voter registration; confidentiality.-
26     (1)  The following information concerning voters and voter
27registration held by an agency as defined in s. 119.011 is
28confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
29of the State Constitution and may be used only for purposes of
30voter registration:
31     (a)  All declinations to register to vote made pursuant to
32ss. 97.057 and 97.058.
33     (b)  Information relating to the place where a person
34registered to vote or where a person updated a voter
35registration.
36     (c)  The social security number, driver's license number,
37and Florida identification number of a voter registration
38applicant or voter.
39     (2)  The signature of a voter registration applicant or a
40voter is exempt from the copying requirements may not be copied
41and is exempt for that purpose from the provisions of s.
42119.07(1) and s. 24(a), Art. I of the State Constitution.
43     (3)  The names, addresses, and telephone numbers of persons
44who are victims of stalking or aggravated stalking are exempt
45from s. 119.071(1) and s. 24(a), Art. I of the State
46Constitution in the same manner that the names, addresses, and
47telephone numbers of participants in the Address Confidentiality
48Program for Victims of Domestic Violence which are held by the
49Attorney General under s. 741.465 are exempt from disclosure,
50provided that the victim files a sworn statement of stalking
51with the Office of the Attorney General and otherwise complies
52with the procedures in ss. 741.401-741.409.
53     (4)(3)  This section applies to information held by an
54agency before, on, or after the effective date of this
55exemption.
56     (5)  Subsection (3) is subject to the Open Government
57Sunset Review Act in accordance with s. 119.15 and shall stand
58repealed on October 2, 2015, unless reviewed and saved from
59repeal through reenactment by the Legislature.
60     Section 2.  Section 3 of chapter 2005-279, Laws of Florida,
61is repealed.
62     Section 3.  The Legislature finds that it is a public
63necessity that the names, addresses, and telephone numbers of
64victims of stalking or aggravated stalking, which are held by
65the Office of the Attorney General or contained in voter
66registration records and voting records held by the Department
67of State or the supervisor of elections, be made exempt from
68public-records requirements. The victims, who may be members of
69the voting public, must be afforded the ability to participate
70in the election process. However, the department and supervisor
71of elections must maintain a verifiable address in order to
72place the voter in the proper voting precinct and to maintain
73accurate records for compliance with state and federal
74requirements. The public-records exemption for the name is a
75public necessity because access to such name narrows the
76location of a stalking victim to a specific, geographic voting
77precinct. In addition, access to the address and telephone
78number provides specific location and contact information for
79the victim. Therefore, access to the name, address, and
80telephone number defeats the goal of providing safety and
81security. Allowing victims of stalking or aggravated stalking to
82use a substitute mailing address designated by the Office of the
83Attorney General facilitates the goal of providing safety and
84security. Thus, the Legislature finds that it is a public
85necessity to make exempt from public disclosure the names,
86addresses, and telephone numbers of victims of stalking or
87aggravated stalking held by the Office of the Attorney General,
88by the department, or by a supervisor of elections.
89     Section 4.  This act shall take effect upon becoming a law.


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