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.