Florida Senate - 2014                                    SB 1356
       
       
        
       By Senator Evers
       
       
       
       
       
       2-01360-14                                            20141356__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         97.0585, F.S.; limiting applicability of public
    4         records exemptions related to voter registration
    5         applicants and voters to information obtained for the
    6         purpose of voter registration; providing an exemption
    7         from public records requirements for the date of birth
    8         of voter registration applicants and voters; providing
    9         for future review and repeal of the exemption under
   10         the Open Government Sunset Review Act; providing a
   11         statement of public necessity; providing an effective
   12         date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 97.0585, Florida Statutes, is amended to
   17  read:
   18         97.0585 Public records exemption; information regarding
   19  voters and voter registration; confidentiality.—
   20         (1) The following information held by an agency as defined
   21  in s. 119.011, and obtained for the purpose of voter
   22  registration, is confidential and exempt from s. 119.07(1) and
   23  s. 24(a), Art. I of the State Constitution and may be used only
   24  for purposes of voter registration:
   25         (a) All declinations to register to vote made pursuant to
   26  ss. 97.057 and 97.058.
   27         (b) Information relating to the place where a person
   28  registered to vote or where a person updated a voter
   29  registration.
   30         (c) The social security number, driver driver’s license
   31  number, and Florida identification number of a voter
   32  registration applicant or voter.
   33         (d) The date of birth of a voter registration applicant or
   34  voter.
   35         (2) The signature of a voter registration applicant or a
   36  voter is exempt from the copying requirements of s. 119.07(1)
   37  and s. 24(a), Art. I of the State Constitution.
   38         (3) The names, addresses, and telephone numbers of persons
   39  who are victims of stalking or aggravated stalking are exempt
   40  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
   41  in the same manner that the names, addresses, and telephone
   42  numbers of participants in the Address Confidentiality Program
   43  for Victims of Domestic Violence which are held by the Attorney
   44  General under s. 741.465 are exempt from disclosure, provided
   45  that the victim files a sworn statement of stalking with the
   46  Office of the Attorney General and otherwise complies with the
   47  procedures in ss. 741.401-741.409.
   48         (4) This section applies to information held by an agency
   49  before, on, or after the effective date of this exemption.
   50         (5)(a) Subsection (3) is subject to the Open Government
   51  Sunset Review Act in accordance with s. 119.15 and shall stand
   52  repealed on October 2, 2015, unless reviewed and saved from
   53  repeal through reenactment by the Legislature.
   54         (b) Paragraph (1)(d) is subject to the Open Government
   55  Sunset Review Act in accordance with s. 119.15 and shall stand
   56  repealed on October 2, 2019, unless reviewed and saved from
   57  repeal through reenactment by the Legislature.
   58         Section 2. The Legislature finds that it is a public
   59  necessity that the date of birth of a voter registration
   60  applicant or voter that is held by an agency and obtained for
   61  the purpose of voter registration be made confidential and
   62  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   63  Article I of the State Constitution. An individual’s date of
   64  birth is personal, sensitive information that must be protected
   65  and could be misused by a dishonest person if placed in the
   66  public domain with the applicant or voter’s name. By matching a
   67  name and date of birth, a dishonest person could commit identity
   68  theft, causing financial damage to the voter registration
   69  applicant or voter and destroying his or her credit. The
   70  potential for harm that results from placing a person’s date of
   71  birth into the public domain, accompanied by the person’s name,
   72  far exceeds any perceived public good or access that could
   73  result from keeping the date of birth information private.
   74         Section 3. This act shall take effect July 1, 2014.