May 31, 2020
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       Florida Senate - 2010                             CS for SB 2188
       By the Committees on Ethics and Elections; and Ethics and
       582-03165-10                                          20102188c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         97.0585, F.S., relating to an exemption from public
    4         records requirements for certain information regarding
    5         voters and voter registration and for signatures of
    6         voters and voter registration applicants; saving the
    7         exemption from repeal under the Open Government Sunset
    8         Review Act; creating a public-records exemption for
    9         certain information contained in voter registration
   10         and voting records held by the supervisor of elections
   11         or the Department of State with respect to stalking
   12         victims and persons residing with stalking victims;
   13         providing implementation procedures; providing a
   14         statement of public necessity; providing for future
   15         legislative review and repeal of the exemption under
   16         the Open Government Sunset Review Act; repealing s. 3,
   17         ch. 2005-279, Laws of Florida, which provides for
   18         repeal of the exemption for information regarding
   19         voters and voter registration; providing an effective
   20         date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Section 97.0585, Florida Statutes, is amended to
   25  read:
   26         97.0585 Public records exemption; information regarding
   27  voters and voter registration; confidentiality.—
   28         (1) The following information concerning voters and voter
   29  registration held by an agency as defined in s. 119.011 is
   30  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   31  of the State Constitution and may be used only for purposes of
   32  voter registration:
   33         (a) All declinations to register to vote made pursuant to
   34  ss. 97.057 and 97.058.
   35         (b) Information relating to the place where a person
   36  registered to vote or where a person updated a voter
   37  registration.
   38         (c) The social security number, driver’s license number,
   39  and Florida identification number of a voter registration
   40  applicant or voter.
   41         (2) The signature of a voter registration applicant or a
   42  voter is exempt from the copying requirements may not be copied
   43  and is exempt for that purpose from the provisions of s.
   44  119.07(1) and s. 24(a), Art. I of the State Constitution.
   45         (3)(a) The names, addresses, and telephone numbers of
   46  persons filing a sworn statement indicating that they or someone
   47  residing with them are victims of stalking or aggravated
   48  stalking, which are contained in voter registration and voting
   49  records held by the Department of State and supervisor of
   50  elections, are exempt from s. 119.07(1) and s. 24(a), Art. I of
   51  the State Constitution. However, the information may be
   52  disclosed to a law enforcement agency for purposes of assisting
   53  in the execution of an arrest warrant or, if directed by a court
   54  order, to a person identified in the order. The statement must
   55  be filed with the department, the supervisor of elections, or
   56  the voter registration agent. It must incorporate the text of s.
   57  784.048, and otherwise be in substantially the following form:
   59  State of Florida
   60  County of ..._______...
   62         I, ...(Print name)..., do swear (or affirm) that I have
   63  good reason to believe that: I, or someone residing with me, is
   64  a victim of the offense of stalking or aggravated stalking as
   65  described in s. 784.048, Florida Statutes; as a result, I fear
   66  for my safety or the safety of such person; and, neither I nor
   67  such person is a participant in the Address Confidentiality
   68  Program for Victims of Domestic Violence pursuant to s. 741.465,
   69  Florida Statutes.
   71         						...(Signature)...
   72         						...(Address)...
   74         (b) The exemption expires 2 years after the date the
   75  statement is filed or upon the department’s or a supervisor’s
   76  receipt of written notice from the person requesting the
   77  exemption that the stalking situation has ceased or that the
   78  confidentiality protection is no longer necessary or desired,
   79  whichever occurs earlier.
   80         (c) During the 90-day period immediately preceding the
   81  expiration of the exemption, the person may file a new statement
   82  that meets the requirements of paragraph (a), which will extend
   83  the original exemption for an additional 2 years following the
   84  date it is due to expire. At least 90 days before the expiration
   85  date, the department must provide written notice to the person
   86  of the pending expiration of the exemption, along with a blank
   87  statement and instructions for renewal.
   88         (d) The department must make a blank, printable version of
   89  the sworn statement generally available on the department’s
   90  website for download by a voter or voter registration agent.
   91         (4)(3) This section applies to information held by an
   92  agency before, on, or after the effective date of this
   93  exemption.
   94         Section 2. The Legislature finds that it is a public
   95  necessity that the names, addresses, and telephone numbers of
   96  victims of stalking or aggravated stalking and persons residing
   97  with such victims, which are contained in voter registration
   98  records and voting records held by the Department of State or
   99  the supervisor of elections, be made exempt from public-records
  100  requirements. The victims and persons residing with them, who
  101  may be members of the voting public, must be afforded the
  102  ability to participate in the election process. However, the
  103  department and supervisor of elections must maintain a
  104  verifiable address in order to place the voter in the proper
  105  voting precinct and to maintain accurate records for compliance
  106  with state and federal requirements. The public-records
  107  exemption for the name is a public necessity because access to
  108  such name narrows the location of a stalking victim to a
  109  specific, geographic voting precinct. In addition, access to the
  110  address and telephone number provides specific location and
  111  contact information for the victim. The same considerations
  112  apply with respect to the name, address, and telephone number of
  113  persons residing with stalking victims, as a stalker who is
  114  aware of a familial or other relationship between such persons
  115  could use the information as a means to locate or contact the
  116  victim. Therefore, access to the name, address, and telephone
  117  number defeats the goal of providing safety and security. Thus,
  118  the Legislature finds that it is a public necessity to make
  119  exempt from public-records disclosure information held by the
  120  department or supervisor which would identify a person who is a
  121  victim of stalking or aggravated stalking and persons residing
  122  with such victims.
  123         Section 3. Subsection (3) of section 97.0585, Florida
  124  Statutes, as created by this act, is subject to the Open
  125  Government Sunset Review Act in accordance with section 119.15,
  126  Florida Statutes, and shall stand repealed on October 2, 2015,
  127  unless reviewed and saved from repeal through reenactment by the
  128  Legislature.
  129         Section 4. Section 3 of chapter 2005-279, Laws of Florida,
  130  is repealed.
  131         Section 5. This act shall take effect upon becoming a law.

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