Florida Senate - 2017 SB 686 By Senator Baxley 12-00442A-17 2017686__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.071, F.S.; defining terms; requiring that 4 electronic mail addresses and Internet identifiers of 5 sexual predators or sexual offenders reported pursuant 6 to specified laws be exempt from public record 7 requirements unless otherwise ordered by a court; 8 providing applicability; providing construction; 9 providing for future review and repeal of the 10 exemption; providing a statement of public necessity; 11 providing a directive to the Division of Law Revision 12 and Information; providing a contingent effective 13 date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Paragraph (l) is added to subsection (5) of 18 section 119.071, Florida Statutes, to read: 19 119.071 General exemptions from inspection or copying of 20 public records.— 21 (5) OTHER PERSONAL INFORMATION.— 22 (l)1. For purposes of this paragraph, the term: 23 a. “Electronic mail address” has the same meaning as 24 provided in s. 668.602. 25 b. “Internet identifier” has the same meaning as provided 26 in s. 775.21. 27 c. “Personal identifying information” means any name or 28 number that may be used, alone or in conjunction with any other 29 information, to identify a specific person, including, but not 30 limited to, a name, a mailing address, a telephone number, a 31 social security number, a date of birth, a mother’s maiden name, 32 an official state-issued or United States-issued driver license 33 or identification number, an alien registration number, a 34 government passport number, or an employer or taxpayer 35 identification number. 36 2. Electronic mail addresses and Internet identifiers of 37 sexual predators or sexual offenders reported pursuant to s. 38 775.21, s. 943.0435, s. 944.606, s. 944.607, s. 985.481, or s. 39 985.4815 may be used only by criminal justice agencies for 40 criminal justice purposes and are exempt from s. 119.07(1) and 41 s. 24(a), Art. I of the State Constitution unless otherwise 42 ordered by a court. This exemption applies to records held 43 before, on, or after the effective date of this act. 44 3. This paragraph does not prohibit: 45 a. A law enforcement agency from confirming that an 46 electronic mail address or Internet identifier reported pursuant 47 to s. 775.21, s. 943.0435, s. 944.606, s. 944.607, s. 985.481, 48 or s. 985.4815 is registered in the Department of Law 49 Enforcement Sexual Offender and Sexual Predator Registry; 50 however, personal identifying information linked to such 51 electronic mail address or Internet identifier may not be 52 revealed in conjunction with the confirmation under this sub 53 subparagraph. 54 b. The Department of Law Enforcement from providing 55 information in accordance with s. 943.0437. 56 4. This paragraph is subject to the Open Government Sunset 57 Review Act in accordance with s. 119.15 and shall stand repealed 58 on October 2, 2022, unless reviewed and saved from repeal 59 through reenactment by the Legislature. 60 Section 2. The Legislature finds that it is a public 61 necessity that the electronic mail addresses, Internet 62 identifiers, and certain personal identifying information of 63 sexual predators or sexual offenders required to be reported 64 pursuant to s. 775.21, s. 943.0435, s. 944.606, s. 944.607, s. 65 985.481, or s. 985.4815, Florida Statutes, for criminal justice 66 purposes be made exempt from s. 119.071(1), Florida Statutes, 67 and s. 24(a), Article I of the State Constitution unless 68 otherwise ordered by a court or disclosed by a law enforcement 69 agency with certain restrictions. The requirement for sexual 70 predators and sexual offenders to register their electronic mail 71 addresses and Internet identifiers has been an important tool 72 for law enforcement in combatting the exploitation of minors. 73 The United States District Court for the Northern District of 74 Florida has raised concerns that the release of Internet 75 identifiers along with personal identifying information of 76 sexual predators and sexual offenders could have a chilling 77 effect on the First Amendment right to free anonymous speech. 78 For these reasons, the Legislature finds that it is a public 79 necessity that the electronic mail addresses, Internet 80 identifiers, and certain personal identifying information that 81 are required to be reported by sexual predators or sexual 82 offenders pursuant to s. 775.21, s. 943.0435, s. 944.606, s. 83 944.607, s. 985.481, or s. 985.4815, Florida Statutes, be exempt 84 from public record requirements. 85 Section 3. The Division of Law Revision and Information is 86 directed to replace the phrase “the effective date of this act” 87 whenever it occurs in this act with the date the act becomes a 88 law. 89 Section 4. This act shall take effect on the same date that 90 SB ____ or similar legislation takes effect, if such legislation 91 is adopted in the same legislative session or an extension 92 thereof and becomes a law.