Florida Senate - 2017 CS for SB 686 By the Committee on Criminal Justice; and Senator Baxley 591-03323A-17 2017686c1 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 records 7 requirements; providing retroactive applicability; 8 providing construction; providing for future review 9 and repeal of the exemption; providing a statement of 10 public necessity; providing a directive to the 11 Division of Law Revision and Information; providing a 12 contingent effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraph (l) is added to subsection (5) of 17 section 119.071, Florida Statutes, to read: 18 119.071 General exemptions from inspection or copying of 19 public records.— 20 (5) OTHER PERSONAL INFORMATION.— 21 (l)1. As used in this paragraph, the term: 22 a. “Electronic mail address” has the same meaning as in s. 23 668.602. 24 b. “Internet identifier” has the same meaning as in s. 25 775.21. 26 2. Electronic mail addresses and Internet identifiers 27 registered by sexual predators or sexual offenders and held by 28 agencies pursuant to s. 775.21, s. 943.0435, s. 944.606, s. 29 944.607, s. 985.481, or s. 985.4815 are exempt from s. 119.07(1) 30 and s. 24(a), Art. I of the State Constitution. This exemption 31 applies to records held before, on, or after the effective date 32 of this act. 33 3. This paragraph does not prohibit a law enforcement 34 agency from confirming to a member of the public that an 35 electronic mail address or Internet identifier reported pursuant 36 to s. 775.21, s. 943.0435, s. 944.606, s. 944.607, s. 985.481, 37 or s. 985.4815 is registered in the Department of Law 38 Enforcement sexual offender and sexual predator registry. 39 4. This paragraph is subject to the Open Government Sunset 40 Review Act in accordance with s. 119.15 and shall stand repealed 41 on October 2, 2022, unless reviewed and saved from repeal 42 through reenactment by the Legislature. 43 Section 2. (1) The Legislature finds that it is a public 44 necessity that electronic mail addresses and Internet 45 identifiers registered by sexual predators and sexual offenders 46 and held by agencies pursuant to s. 775.21, s. 943.0435, s. 47 944.606, s. 944.607, s. 985.481, or s. 985.4815, Florida 48 Statutes, be made exempt from s. 119.071(1), Florida Statutes, 49 and s. 24(a), Article I of the State Constitution. The 50 Legislature finds that the exemption strikes an important 51 balance between the government’s legitimate interest in public 52 safety and protecting individuals’ rights afforded under the 53 Constitution of the State of Florida and the First Amendment 54 rights protected by the United States Constitution. The 55 exemption maintains the ability of members of the public to 56 confirm whether an electronic mail address or Internet 57 identifier is associated with or is contained in the sexual 58 offender and sexual predator registry without obtaining the 59 personal identifying information of the registrant associated 60 with the electronic mail address or Internet identifier. This 61 exemption allows members of the public access to safety 62 information which assists them in making informed decisions 63 regarding communicating or otherwise interacting with registered 64 sexual predators and sexual offenders. Additionally, this 65 exemption preserves the ability of criminal justice agencies to 66 access valuable investigative information. Criminal justice 67 agencies are tasked with the prevention of crimes to protect 68 residents, particularly children, from sexual exploitation 69 through investigating and bringing offenders to justice. As 70 daily life necessitates increasing dependence upon access to the 71 Internet, sexual exploitation through the use of the Internet 72 grows as well. There is a nexus between commercial social 73 networking sites and Internet sex crimes. Commercial social 74 networking sites are widely used among youth and adults for 75 introduction, communication, and publication of personal details 76 that may be exploited. Additionally, locating missing children 77 and sexual predators and sexual offenders who have evaded 78 registration is greatly aided through the use of registered 79 electronic mail addresses and Internet identifiers. Without this 80 exemption, criminal justice agencies may lose access to 81 information which has become a valuable investigative tool since 82 the inception of this registration requirement. Absent a 83 registration requirement for electronic mail addresses and 84 Internet identifiers, investigative agencies will be severely 85 hampered in the growing call to protect our residents from 86 sexual exploitation online. 87 (2) The Legislature recognizes the importance of protecting 88 rights provided in the First Amendment to the United States 89 Constitution for all citizens. Equally, the Legislature 90 recognizes the importance of preserving the civil regulatory 91 processes of sexual offender and sexual predator registration 92 and ensuring criminal justice agencies have the critical 93 resource of sexual offender and sexual predator electronic mail 94 address and Internet identifier registration information 95 necessary to protect our residents. Electronic mail addresses 96 and Internet identifiers have an exceptional distinction from 97 other registration requirements in that they are used as unique 98 personal identifiers for speech and communication. Because of 99 this distinction, a public records exemption is required to 100 avoid any appearance of infringement on registrants’ 101 constitutional rights. If the ability to collect this 102 information were prevented, it would greatly disrupt the ability 103 of criminal justice agencies to use this essential information 104 in combatting the prevalent problem of online sexual 105 exploitation of children. For these reasons and for the 106 preservation of and continued collection of this information, 107 the Legislature finds that it is a public necessity that the 108 electronic mail addresses and Internet identifiers continue to 109 be registered by sexual predators and sexual offenders and held 110 by agencies pursuant to ss. 775.21, 943.0435, 944.606, 944.607, 111 985.481, and 985.4815, Florida Statutes, be exempt from public 112 record requirements. 113 Section 3. The Division of Law Revision and Information is 114 directed to replace the phrase “the effective date of this act” 115 whenever it occurs in this act with the date the act becomes a 116 law. 117 Section 4. This act shall take effect on the same date that 118 SB 684 or similar legislation takes effect, if such legislation 119 is adopted in the same legislative session or an extension 120 thereof and becomes a law.