Florida Senate - 2012 CS for SB 1096 By the Committee on Criminal Justice; and Senator Hays 591-03542-12 20121096c1 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. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 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 information regarding an electronic mail address 21 or physical address provided to the department by a person in 22 order for that person to use or access the automatic Florida 23 Offender Alert notification system is confidential and exempt 24 from s. 119.07(1) and s. 24 (a), Art. I of the State 25 Constitution unless such information is specifically made public 26 or is specifically required to be disclosed by other provisions 27 of law. This confidential and exempt status applies 28 retroactively to all such information retained by the department 29 before July 1, 2012. 30 (b) This subsection is subject to the Open Government 31 Sunset Review Act in accordance with s. 119.15, and shall stand 32 repealed on October 2, 2017, unless reviewed and saved from 33 repeal through reenactment by the Legislature. 34 Section 2. The Legislature finds that it is a public 35 necessity to exempt from public records requirements the 36 electronic mail address and physical address information 37 furnished to the Department of Law Enforcement by persons 38 requesting access to the automatic notification system of 39 registration information regarding sexual predators and sexual 40 offenders. A public records exemption for such information 41 furnished to the department will encourage greater access to the 42 notification system by alleviating concerns about disclosure of 43 electronic mail and physical location information that could be 44 used for criminal purposes. Public safety is significantly 45 enhanced through the use of the department’s notification 46 system. For these reasons, the public records exemption provided 47 by this act is necessary for effective and broad participation 48 in the notification system by those seeking notification. 49 Section 3. This act shall take effect July 1, 2012.