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Senate Bill 0118

Florida Senate - 1998 SB 118 By Senator Holzendorf 2-203-98 1 A bill to be entitled 2 An act relating to confidentiality of 3 identifying information regarding domestic 4 violence victims; creating s. 741.401, F.S.; 5 providing legislative findings and purpose; 6 creating s. 741.402, F.S.; providing 7 definitions; creating s. 741.403, F.S.; 8 providing for creation of the Address 9 Confidentiality Program for Victims of Domestic 10 Violence; providing for certification by the 11 Attorney General of applicants to participate 12 in the program; defining the offense of falsely 13 attesting or knowingly providing false or 14 incorrect information in such program 15 application, and providing penalties therefor; 16 defining the offense of attempting to gain 17 access to a program participant's actual 18 address through fraud, and providing penalties 19 therefor; creating s. 741.404, F.S.; providing 20 for certification cancellation; creating s. 21 741.405, F.S.; providing authority of state and 22 local agencies and other governmental entities 23 and guidelines relating to use of designated 24 address; creating s. 741.406, F.S.; providing 25 for voting by program participants in the same 26 manner as for absentee voters; prohibiting the 27 supervisor of elections from disclosing certain 28 information except under specified 29 circumstances; providing for appeal by agency 30 of requested waiver; creating s. 741.407, F.S.; 31 prohibiting disclosure of addresses and certain 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 118 2-203-98 1 information, except under specified 2 circumstances; requiring immediate written 3 notification by the Attorney General to a 4 program participant with respect to certain 5 disclosure of information; creating s. 741.408, 6 F.S.; providing for certain assistance for 7 program applicants; creating s. 741.409, F.S.; 8 providing for adoption of rules; providing for 9 limitations on an appropriation to fund the 10 program; specifying the maximum percentage for 11 an increase in the general appropriation for 12 subsequent years; providing for the Attorney 13 General to seek other funds; providing an 14 effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Section 741.401, Florida Statutes, is 19 created to read: 20 741.401 Legislative findings; purpose.--The 21 Legislature finds that persons attempting to escape from 22 actual or threatened domestic violence frequently establish 23 new addresses in order to prevent their assailants or probable 24 assailants from finding them. The purpose of ss. 25 741.401-741.409 is to enable state and local agencies to 26 respond to requests for public records without disclosing the 27 location of a victim of domestic violence, to enable 28 interagency cooperation with the Attorney General in providing 29 address confidentiality for victims of domestic violence, and 30 to enable state and local agencies to accept a program 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 118 2-203-98 1 participant's use of an address designated by the Attorney 2 General as a substitute mailing address. 3 Section 2. Section 741.402, Florida Statutes, is 4 created to read: 5 741.402 Definitions.--Unless the context clearly 6 requires otherwise, as used in ss. 741.401-741.409, the term: 7 (1) "Address" means a residential street address, 8 school address, or work address of an individual, as specified 9 on the individual's application to be a program participant 10 under ss. 741.401-741.409. 11 (2) "Program participant" means a person certified as 12 a program participant under s. 741.403. 13 (3) "Domestic violence" means an act as defined in s. 14 741.28 and includes a threat of such acts committed against an 15 individual in a domestic situation, regardless of whether 16 these acts or threats have been reported to law enforcement 17 officers. 18 Section 3. Section 741.403, Florida Statutes, is 19 created to read: 20 741.403 Address confidentiality program; application; 21 certification.-- 22 (1) An adult person, a parent or guardian acting on 23 behalf of a minor, or a guardian acting on behalf of a person 24 adjudicated incapacitated under chapter 744 may apply to the 25 Attorney General to have an address designated by the Attorney 26 General serve as the person's address or the address of the 27 minor or incapacitated person. The Attorney General shall 28 approve an application if it is filed in the manner and on the 29 form prescribed by the Attorney General and if it contains all 30 of the following: 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 118 2-203-98 1 (a) A sworn statement by the applicant that the 2 applicant has good reason to believe that the applicant, or 3 the minor or incapacitated person on whose behalf the 4 application is made, is a victim of domestic violence, and 5 that the applicant fears for his or her safety or his or her 6 children's safety or the safety of the minor or incapacitated 7 person on whose behalf the application is made. 8 (b) A designation of the Attorney General as agent for 9 purposes of service of process and for the purpose of receipt 10 of mail. 11 (c) The mailing address where the applicant can be 12 contacted by the Attorney General, and the phone number or 13 numbers where the applicant can be called by the Attorney 14 General. 15 (d) A statement that the new address or addresses that 16 the applicant requests must not be disclosed for the reason 17 that disclosure will increase the risk of domestic violence. 18 (e) The signature of the applicant and of any 19 individual or representative of any office designated in 20 writing under s. 741.408 who assisted in the preparation of 21 the application, and the date on which the applicant signed 22 the application. 23 (2) Applications must be filed with the Office of the 24 Attorney General. An application fee may not be charged. 25 (3) Upon filing a properly completed application, the 26 Attorney General shall certify the applicant as a program 27 participant. Applicants shall be certified for 4 years 28 following the date of filing unless the certification is 29 withdrawn or invalidated before that date. The Attorney 30 General shall by rule establish a renewal procedure. 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 118 2-203-98 1 (4) A person who falsely attests in an application 2 that disclosure of the applicant's address would endanger the 3 applicant's safety or the safety of the applicant's children 4 or the minor or incapacitated person on whose behalf the 5 application is made, or who knowingly provides false or 6 incorrect information upon making an application, commits a 7 misdemeanor of the second degree, punishable as provided in s. 8 775.082 or s. 775.083. 9 (5) Any person who attempts to gain access to a 10 program participant's actual address through fraud commits a 11 felony of the third degree, punishable as provided in s. 12 775.082, s. 775.083, or s. 775.084. 13 Section 4. Section 741.404, Florida Statutes, is 14 created to read: 15 741.404 Certification cancellation.-- 16 (1) If the program participant obtains a name change, 17 he or she loses certification as a program participant. 18 (2) The Attorney General may cancel a program 19 participant's certification if there is a change in the 20 residential address from the one listed on the application, 21 unless the program participant provides the Attorney General 22 with 14 days' prior notice of the change of address. 23 (3) The Attorney General may cancel certification of a 24 program participant if mail forwarded by the Attorney General 25 to the program participant's address is returned as 26 nondeliverable. 27 (4) The Attorney General shall cancel certification of 28 a program participant who applies using false information. 29 Section 5. Section 741.405, Florida Statutes, is 30 created to read: 31 741.405 Agency use of designated address.-- 5 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 118 2-203-98 1 (1) A program participant may request that state and 2 local agencies or other governmental entities use the address 3 designated by the Attorney General as his or her address. 4 When creating a new public record, state and local agencies or 5 other governmental entities shall accept the address 6 designated by the Attorney General as a program participant's 7 substitute address, unless the Attorney General has determined 8 that: 9 (a) The agency or entity has a bona fide statutory or 10 administrative requirement for the use of the address that 11 would otherwise be confidential under ss. 741.401-741.409. 12 (b) This address will be used only for those statutory 13 and administrative purposes. 14 (c) The agency or entity has identified the specific 15 program participant's record for which the waiver is 16 requested. 17 (d) The agency or entity has identified the 18 individuals who will have access to the record. 19 (e) The agency or entity has explained how its 20 acceptance of a substitute address will prevent the agency 21 from meeting its obligations under the law and why it cannot 22 meet its statutory or administrative obligation by a change in 23 its internal procedures. 24 (3) During the review, evaluation, and appeal of an 25 agency's request, the agency shall accept the use of a program 26 participant's substitute address. 27 (4) The Attorney General's determination to grant or 28 withhold a requested waiver must be based on, but not limited 29 to, an evaluation of information provided under subsection 30 (1). 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 118 2-203-98 1 (5) If the Attorney General determines that an agency 2 or entity has a bona fide statutory or administrative need for 3 the actual address and that the information will be used only 4 for that purpose, the Attorney General may issue the actual 5 address to the agency or entity. When granting a waiver, the 6 Attorney General shall notify and require the agency or entity 7 to: 8 (a) Maintain the confidentiality of a program 9 participant's address information; 10 (b) Limit the use of and access to that address; 11 (c) Designate an address disposition date after which 12 the agency or entity may no longer maintain the record of the 13 address; and 14 (d) Comply with any other provisions and 15 qualifications determined appropriate by the Attorney General. 16 (6) The Attorney General's denial of an agency's or 17 entity's waiver request must be made in writing and include a 18 statement of specific reasons for denial. 19 (7) An agency or entity may appeal the denial of its 20 request. 21 (8) A program participant may use the address 22 designated by the Attorney General as his or her work address. 23 (9) The Office of the Attorney General shall forward 24 all first class mail to the appropriate program participants 25 at no charge. 26 Section 6. Section 741.406, Florida Statutes, is 27 created to read: 28 741.406 Voting by program participant; use of 29 designated address by supervisor of elections.-- 30 (1) A program participant who is otherwise qualified 31 to vote may request an absentee ballot pursuant to s. 101.62. 7 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 118 2-203-98 1 The program participant shall automatically receive absentee 2 ballots for all elections in the jurisdictions in which that 3 individual resides in the same manner as absentee voters do, 4 except that program participants shall not be required to make 5 new requests for an absentee ballot each calendar year. The 6 supervisor of elections shall transmit the absentee ballot to 7 the program participant at the address designated by the 8 participant in his or her application as an absentee voter. 9 The name, address, and telephone number of a program 10 participant may not be included in any list of registered 11 voters available to the public. 12 (2) The supervisor of elections may not make the 13 participant's name, address, or telephone number contained in 14 voter registration records available for public inspection or 15 copying except under the following circumstances: 16 (a) If requested by a law enforcement agency, to the 17 law enforcement agency. 18 (b) If directed by a court order, to a person 19 identified in the order. 20 Section 7. Section 741.407, Florida Statutes, is 21 created to read: 22 741.407 Disclosure of address prohibited; 23 exceptions.--The Attorney General may not make a program 24 participant's name, address, other than the address designated 25 by the Attorney General, or telephone number available for 26 inspection or copying, except under the following 27 circumstances: 28 (1) If requested by a law enforcement agency, to the 29 law enforcement agency. 30 (2) If directed by a court order, to a person 31 identified in the order. 8 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 118 2-203-98 1 (3) If certification has been canceled. 2 3 The Attorney General shall provide immediate written 4 notification of disclosure to a program participant when a 5 disclosure takes place in one of the instances described in 6 this section. 7 Section 8. Section 741.408, Florida Statutes, is 8 created to read: 9 741.408 Assistance for program applicants.--The 10 Attorney General shall designate state and local agencies and 11 nonprofit agencies that provide counseling and shelter 12 services to victims of domestic violence to assist persons 13 applying to be program participants. Assistance and 14 counseling rendered by the Office of the Attorney General or 15 its designees to applicants does not constitute legal advice. 16 Section 9. Section 741.409, Florida Statutes, is 17 created to read: 18 741.409 Adoption of rules.--The Attorney General may 19 adopt rules to facilitate the administration of this chapter 20 by state and local agencies and other governmental entities. 21 Section 10. This program may be implemented only to 22 the extent that it is funded by the Legislature. A general 23 revenue appropriation may not exceed $150,000 for fiscal year 24 1998-1999. For fiscal years 1990-2000 and 2000-2001, any 25 general revenue appropriation for this program may not be 26 greater than the total of the initial funding and an increase 27 of 5 percent of the allocation from the previous year. This 28 provision in no way prohibits the Attorney General from 29 seeking federal funds, grants, or donations to implement or to 30 expand this program. 31 9 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 118 2-203-98 1 Section 11. This act shall take effect October 1, 2 1998. 3 4 ***************************************** 5 SENATE SUMMARY 6 Provides for creation of the Address Confidentiality 7 Program for Victims of Domestic Violence. Provides legislative findings and purpose. Provides definitions. 8 Provides for certification by the Attorney General of applicants to participate in the program. Provides that 9 a person who falsely attests or knowingly provides false or incorrect information in such program application 10 commits a second-degree misdemeanor. Provides penalties therefor. Provides for certification cancellation. 11 Provides authority of state and local agencies and other governmental entities and provides guidelines relating to 12 use of designated addresses. Provides for voting by program participants in the same manner as by absentee 13 voters. Prohibits disclosure of addresses and certain information, except under specified circumstances. 14 Provides for certain assistance and counseling for program applicants. Provides for adoption of rules by 15 the Attorney General. Provides for a limitation on any appropriation that the Legislature may enact to fund the 16 program. Authorizes the Attorney General to seek other sources of funding. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 10