Florida Senate - 2012                                    SB 1096
       By Senator Hays
       20-00946-12                                           20121096__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         943.44353, F.S.; creating a public records exemption
    4         for the electronic mail address and physical address
    5         information provided to the Department of Law
    6         Enforcement by a person requesting access to the
    7         automatic notification system of registration
    8         information regarding sexual predators and sexual
    9         offenders; providing for future legislative review and
   10         repeal of the exemption under the Open Government
   11         Sunset Review Act; providing a statement of public
   12         necessity; providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Subsection (3) is added to section 943.44353,
   17  Florida Statutes, to read:
   18         943.44353 Automatic notification of registration
   19  information regarding sexual predators and offenders.—
   20         (3)(a) Any electronic mail address or physical address
   21  information provided to the department by a person, other than a
   22  sexual predator and sexual offender, who requests access to the
   23  automatic notification system is confidential and exempt from s.
   24  119.07(1) and s. 24(a), Art. I of the State Constitution. This
   25  exemption applies to any electronic mail address or physical
   26  address information held by the department before, on, or after
   27  July 1, 2012.
   28         (b) This subsection is subject to the Open Government
   29  Sunset Review Act in accordance with s. 119.15, and shall stand
   30  repealed on October 2, 2017, unless reviewed and saved from
   31  repeal through reenactment by the Legislature.
   32         Section 2. The Legislature finds that it is a public
   33  necessity to exempt from public records requirements the
   34  electronic mail address and physical address information
   35  furnished to the Department of Law Enforcement by persons
   36  requesting access to the automatic notification system of
   37  registration information regarding sexual predators and sexual
   38  offenders. A public records exemption for such information
   39  furnished to the department will encourage greater access to the
   40  notification system by alleviating concerns about disclosure of
   41  electronic mail and physical location information that could be
   42  used for criminal purposes. Public safety is significantly
   43  enhanced through the use of the department’s notification
   44  system. For these reasons, the public records exemption provided
   45  by this act is necessary for effective and broad participation
   46  in the notification system by those seeking notification.
   47         Section 3. This act shall take effect July 1, 2012.