Florida Senate - 2014                                    SB 1514
       
       
        
       By Senator Evers
       
       
       
       
       
       2-01423-14                                            20141514__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         97.0585, F.S.; providing an exemption from public
    4         records requirements for the e-mail addresses of voter
    5         registration applicants and voters; providing for
    6         future review and repeal of the exemption under the
    7         Open Government Sunset Review Act; providing a
    8         statement of public necessity; providing an effective
    9         date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 97.0585, Florida Statutes, is amended to
   14  read:
   15         97.0585 Public records exemption; information regarding
   16  voters and voter registration; confidentiality.—
   17         (1) The following information held by an agency as defined
   18  in s. 119.011 and obtained for the purpose of voter registration
   19  is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
   20  I of the State Constitution and may be used only for purposes of
   21  voter registration:
   22         (a) All declinations to register to vote made pursuant to
   23  ss. 97.057 and 97.058.
   24         (b) Information relating to the place where a person
   25  registered to vote or where a person updated a voter
   26  registration.
   27         (c) The social security number, driver driver’s license
   28  number, and Florida identification number of a voter
   29  registration applicant or voter.
   30         (d) The e-mail address of a voter registration applicant or
   31  voter.
   32         (2) The signature of a voter registration applicant or a
   33  voter is exempt from the copying requirements of s. 119.07(1)
   34  and s. 24(a), Art. I of the State Constitution.
   35         (3) The names, addresses, and telephone numbers of persons
   36  who are victims of stalking or aggravated stalking are exempt
   37  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
   38  in the same manner that the names, addresses, and telephone
   39  numbers of participants in the Address Confidentiality Program
   40  for Victims of Domestic Violence which are held by the Attorney
   41  General under s. 741.465 are exempt from disclosure, provided
   42  that the victim files a sworn statement of stalking with the
   43  Office of the Attorney General and otherwise complies with the
   44  procedures in ss. 741.401-741.409.
   45         (4) This section applies to information held by an agency
   46  before, on, or after the effective date of this exemption.
   47         (5)(a) Subsection (3) is subject to the Open Government
   48  Sunset Review Act in accordance with s. 119.15 and shall stand
   49  repealed on October 2, 2015, unless reviewed and saved from
   50  repeal through reenactment by the Legislature.
   51         (b) Paragraph (d) of subsection (1) is subject to the Open
   52  Government Sunset Review Act in accordance with s. 119.15 and
   53  shall stand repealed on October 2, 2018, unless reviewed and
   54  saved from repeal through reenactment by the Legislature.
   55         Section 2. The Legislature finds that it is a public
   56  necessity that the e-mail address of a voter registration
   57  applicant or voter that is held by an agency and obtained for
   58  the purpose of voter registration be made confidential and
   59  exempt from s. 119.07(1) and s. 24(a), Article I of the State
   60  Constitution. An e-mail address is personal information that
   61  could be misused and could result in voter fraud if released. A
   62  voter may request an absentee ballot using an e-mail address.
   63  Public access to that e-mail address could make others aware of
   64  those voters intending to vote using an absentee ballot and
   65  could result in confiscation and misuse of a mailed absentee
   66  ballot by a person other than the registered voter before the
   67  registered voter receives the requested absentee ballot. In
   68  addition, collection of the e-mail address of a voter
   69  registration applicant or a registered voter would allow the
   70  supervisors of elections to send sample ballots electronically,
   71  thereby saving counties money. If a voter registration applicant
   72  or a registered voter knows that his or her e-mail address is
   73  subject to public disclosure, he or she may be less willing to
   74  provide the address to the supervisor of elections. Accordingly,
   75  the effective and efficient administration of a government
   76  program would be significantly impaired.
   77         Section 3. This act shall take effect upon becoming a law.