Florida Senate - 2026 CS for SB 298
By the Committee on Criminal Justice; and Senator Berman
591-01743-26 2026298c1
1 A bill to be entitled
2 An act relating to public records; amending s.
3 741.465, F.S.; providing that certain identifying
4 information of victims of dating violence who
5 participate in the Address Confidentiality Program for
6 Victims of Domestic and Dating Violence which are held
7 by the Office of the Attorney General or contained in
8 voter registration or voting records held by the
9 supervisor of elections or the Department of State are
10 exempt from public records requirements; providing for
11 retroactive application; providing for future
12 legislative review and repeal; providing statements of
13 public necessity; providing a contingent effective
14 date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 741.465, Florida Statutes, is amended to
19 read:
20 741.465 Public records exemption for the Address
21 Confidentiality Program for Victims of Domestic and Dating
22 Violence.—
23 (1) For purposes of this section, the term “address” means
24 a residential street address, school address, or work address,
25 as specified on the individual’s application to be a program
26 participant in the Address Confidentiality Program for Victims
27 of Domestic and Dating Violence.
28 (2)(1) The addresses, corresponding telephone numbers, and
29 social security numbers of program participants in the Address
30 Confidentiality Program for Victims of Domestic and Dating
31 Violence held by the Office of the Attorney General are exempt
32 from s. 119.07(1) and s. 24(a), Art. I of the State
33 Constitution, except the information may be disclosed under the
34 following circumstances: to a law enforcement agency for
35 purposes of assisting in the execution of a valid arrest
36 warrant; if directed by a court order, to a person identified in
37 the order; or if the certification has been canceled. For
38 purposes of this section, the term “address” means a residential
39 street address, school address, or work address, as specified on
40 the individual’s application to be a program participant in the
41 Address Confidentiality Program for Victims of Domestic
42 Violence.
43 (3)(2) The names, addresses, and telephone numbers of
44 participants in the Address Confidentiality Program for Victims
45 of Domestic and Dating Violence contained in voter registration
46 and voting records held by the supervisor of elections and the
47 Department of State are exempt from s. 119.07(1) and s. 24(a),
48 Art. I of the State Constitution, except the information may be
49 disclosed under the following circumstances: to a law
50 enforcement agency for purposes of assisting in the execution of
51 an arrest warrant or, if directed by a court order, to a person
52 identified in the order. This exemption applies to information
53 made exempt by this subsection before, on, or after the
54 effective date of the exemption.
55 (4)(a) Subsections (2) and (3) apply to records held by the
56 Office of the Attorney General, the Department of State, and
57 each supervisor of elections before, on, or after the effective
58 date of the exemptions.
59 (b) This section is subject to the Open Government Sunset
60 Review Act in accordance with s. 119.15 and shall stand repealed
61 on October 2, 2031, unless reviewed and saved from repeal
62 through reenactment by the Legislature.
63 Section 2. (1) The Legislature finds that it is a public
64 necessity that the addresses, corresponding telephone numbers,
65 and social security numbers of victims of dating violence who
66 participate in the Address Confidentiality Program for Victims
67 of Domestic and Dating Violence held by the Office of the
68 Attorney General be made exempt from s. 119.07(1), Florida
69 Statutes, and s. 24(a), Article I of the State Constitution. The
70 Legislature recognizes that greater protection is needed for
71 victims of dating violence, similar to that currently afforded
72 to victims of domestic violence, to prevent harm from assailants
73 or probable assailants who are attempting to find them. The
74 Legislature finds that release of such information could
75 significantly threaten the physical safety and security of
76 victims of dating violence who participate in the program and
77 that the harm that may result from the release of the
78 information outweighs any public benefit that might result from
79 public disclosure of the information.
80 (2) The Legislature finds that it is a public necessity
81 that the names, addresses, and telephone numbers contained in
82 voter registration and voting records of victims of dating
83 violence who participate in the Address Confidentiality Program
84 for Victims of Domestic and Dating Violence held by the
85 supervisor of elections and the Department of State be made
86 exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
87 Article I of the State Constitution. Victims of dating violence
88 who are participants in the program will have demonstrated to
89 the Office of the Attorney General that there exists a risk to
90 their physical safety and security. Nonetheless, these program
91 participants must be afforded the ability to participate in
92 society and cast a vote in elections. However, the supervisor of
93 elections must have a verifiable address for a program
94 participant in order to place the participant in the proper
95 voting district and to maintain accurate records for compliance
96 with state and federal requirements. The public record exemption
97 for the name of a victim of dating violence who is a participant
98 in the program is a public necessity because access to such name
99 narrows the location of that participant to his or her voting
100 area. In addition, access to such participant’s address and
101 telephone number provides specific location and contact
102 information for the participant. Therefore, access to the
103 participant’s name, address, and telephone number defeats the
104 sole purpose of the Address Confidentiality Program for Victims
105 of Domestic and Dating Violence, which is to provide safety and
106 security to every participant.
107 Section 3. This act shall take effect on the same date that
108 SB 296 or similar legislation takes effect, if such legislation
109 is adopted in the same legislative session or an extension
110 thereof and becomes a law.