Florida Senate - 2013                             CS for SB 1260
       
       
       
       By the Committee on Ethics and Elections; and Senator Ring
       
       
       
       
       582-02220-13                                          20131260c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         97.0585, F.S.; providing an exemption from public
    4         records requirements for the e-mail addresses of voter
    5         registration applicants and voters; providing for
    6         future legislative review and repeal of the exemption
    7         under the Open Government Sunset Review Act; providing
    8         a statement of public necessity; providing an
    9         effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 97.0585, Florida Statutes, is amended to
   14  read:
   15         97.0585 Public records exemption; information regarding
   16  voters and voter registration; confidentiality.—
   17         (1) The following information held by an agency as defined
   18  in s. 119.011 is confidential and exempt from s. 119.07(1) and
   19  s. 24(a), Art. I of the State Constitution and may be used only
   20  for purposes of voter registration:
   21         (a) All declinations to register to vote made pursuant to
   22  ss. 97.057 and 97.058.
   23         (b) Information relating to the place where a person
   24  registered to vote or where a person updated a voter
   25  registration.
   26         (c) The social security number, driver’s license number,
   27  and Florida identification number of a voter registration
   28  applicant or voter.
   29         (d) The e-mail address of a voter registration applicant or
   30  voter.
   31         (2) The signature of a voter registration applicant or a
   32  voter is exempt from the copying requirements of s. 119.07(1)
   33  and s. 24(a), Art. I of the State Constitution.
   34         (3) The names, addresses, and telephone numbers of persons
   35  who are victims of stalking or aggravated stalking are exempt
   36  from s. 119.071(1) and s. 24(a), Art. I of the State
   37  Constitution in the same manner that the names, addresses, and
   38  telephone numbers of participants in the Address Confidentiality
   39  Program for Victims of Domestic Violence which are held by the
   40  Attorney General under s. 741.465 are exempt from disclosure,
   41  provided that the victim files a sworn statement of stalking
   42  with the Office of the Attorney General and otherwise complies
   43  with the procedures in ss. 741.401-741.409.
   44         (4) This section applies to information held by an agency
   45  before, on, or after the effective date of this exemption.
   46         (5)(a) Subsection (3) is subject to the Open Government
   47  Sunset Review Act in accordance with s. 119.15 and shall stand
   48  repealed on October 2, 2015, unless reviewed and saved from
   49  repeal through reenactment by the Legislature.
   50         (b) Paragraph (1)(d) is subject to the Open Government
   51  Sunset Review Act in accordance with s. 119.15 and shall stand
   52  repealed on October 2, 2018, unless reviewed and saved from
   53  repeal through reenactment by the Legislature.
   54         Section 2. The Legislature finds that it is a public
   55  necessity that the e-mail address of a voter registration
   56  applicant or voter that is held by an agency be made
   57  confidential and exempt from public record requirements. E-mail
   58  addresses are personal information that could be misused and
   59  could result in voter fraud if released. A voter may request an
   60  absentee ballot using an e-mail address. Public access to that
   61  e-mail address could make others aware of those voters intending
   62  to vote using an absentee ballot and could result in
   63  confiscation and misuse of a mailed absentee ballot by a person
   64  other than the registered voter before the registered voter
   65  receives the requested absentee ballot. In addition, collection
   66  of the e-mail address of a voter registration applicant or a
   67  registered voter would allow the supervisors of elections to
   68  send sample ballots electronically, thereby saving counties
   69  money. If a voter registration applicant or a registered voter
   70  knows that his or her e-mail address is subject to public
   71  disclosure, he or she may be less willing to provide the address
   72  to the supervisor of elections. Accordingly, the effective and
   73  efficient administration of a government program would be
   74  significantly impaired.
   75         Section 3. This act shall take effect on the same date that
   76  SB 1352 or similar legislation takes effect, if such legislation
   77  is adopted in the same legislative session or an extension
   78  thereof and becomes law.