House Bill 1637e1

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                                    CS/CS/HB 1637, First Engrossed



  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


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                                    CS/CS/HB 1637, First Engrossed



  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.

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16  Be It Enacted by the Legislature of the State of Florida:

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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

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                                    CS/CS/HB 1637, First Engrossed



  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. To the extent possible within

28  funds appropriated for this purpose, the Attorney General

29  shall approve an application if it is filed in the manner and

30  on the form prescribed by the Attorney General and if it

31  contains all of the following:


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                                    CS/CS/HB 1637, First Engrossed



  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.

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                                    CS/CS/HB 1637, First Engrossed



  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         (6)  Any person who knowingly enters the address

14  confidentiality program to evade prosecution of criminal laws

15  or civil liability commits a felony of the third degree,

16  punishable as provided in s. 775.082, s. 775.083, or s.

17  775.084.

18         Section 4.  Section 741.404, Florida Statutes, is

19  created to read:

20         741.404  Certification cancellation.--

21         (1)  If the program participant obtains a name change,

22  he or she loses certification as a program participant.

23         (2)  The Attorney General may cancel a program

24  participant's certification if there is a change in the

25  residential address from the one listed on the application,

26  unless the program participant provides the Attorney General

27  with 14 days' prior notice of the change of address.

28         (3)  The Attorney General may cancel certification of a

29  program participant if mail forwarded by the Attorney General

30  to the program participant's address is returned and is

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                                    CS/CS/HB 1637, First Engrossed



  1  undeliverable or if service of process documents are returned

  2  to the Attorney General.

  3         (4)  The Attorney General shall cancel certification of

  4  a program participant who applies using false information.

  5         Section 5.  Section 741.405, Florida Statutes, is

  6  created to read:

  7         741.405  Agency use of designated address.--

  8         (1)  A program participant may request that state and

  9  local agencies or other governmental entities use the address

10  designated by the Attorney General as his or her address.

11  When creating a new public record, state and local agencies or

12  other governmental entities shall accept the address

13  designated by the Attorney General as a program participant's

14  substitute address, unless the Attorney General has determined

15  that:

16         (a)  The agency or entity has a bona fide statutory or

17  administrative requirement for the use of the address that

18  would otherwise be confidential under ss. 741.401-741.409;

19         (b)  This address will be used only for those statutory

20  and administrative purposes;

21         (c)  The agency or entity has identified the specific

22  program participant's record for which the waiver is

23  requested;

24         (d)  The agency or entity has identified the

25  individuals who will have access to the record; and

26         (e)  The agency or entity has explained how its

27  acceptance of a substitute address will prevent the agency

28  from meeting its obligations under the law and why it cannot

29  meet its statutory or administrative obligation by a change in

30  its internal procedures.

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                                    CS/CS/HB 1637, First Engrossed



  1         (3)  During the review, evaluation, and appeal of an

  2  agency's request, the agency shall accept the use of a program

  3  participant's substitute address.

  4         (4)  The Attorney General's determination to grant or

  5  withhold a requested waiver must be based on, but not limited

  6  to, an evaluation of information provided under subsection

  7  (1).

  8         (5)  If the Attorney General determines that an agency

  9  or entity has a bona fide statutory or administrative need for

10  the actual address and that the information will be used only

11  for that purpose, the Attorney General may issue the actual

12  address to the agency or entity.  When granting a waiver, the

13  Attorney General shall notify and require the agency or entity

14  to:

15         (a)  Maintain the confidentiality of a program

16  participant's address information;

17         (b)  Limit the use of and access to that address;

18         (c)  Designate an address disposition date after which

19  the agency or entity may no longer maintain the record of the

20  address; and

21         (d)  Comply with any other provisions and

22  qualifications determined appropriate by the Attorney General.

23         (6)  The Attorney General's denial of an agency's or

24  entity's waiver request must be made in writing and include a

25  statement of specific reasons for denial. Acceptance or denial

26  of an agency's or entity's waiver request shall constitute

27  final agency action.

28         (7)  Pursuant to chapter 120, an agency or entity may

29  appeal the denial of its request.

30         (8)  A program participant may use the address

31  designated by the Attorney General as his or her work address.


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                                    CS/CS/HB 1637, First Engrossed



  1         (9)  The Office of the Attorney General shall forward

  2  all first class mail to the appropriate program participants

  3  at no charge.

  4         Section 6.  Section 741.406, Florida Statutes, is

  5  created to read:

  6         741.406  Voting by program participant; use of

  7  designated address by supervisor of elections.--

  8         (1)  A program participant who is otherwise qualified

  9  to vote may request an absentee ballot pursuant to s. 101.62.

10  The program participant shall automatically receive absentee

11  ballots for all elections in the jurisdictions in which that

12  individual resides in the same manner as absentee voters. The

13  supervisor of elections shall transmit the absentee ballot to

14  the program participant at the address designated by the

15  participant in his or her application as an absentee voter.

16  The name, address, and telephone number of a program

17  participant may not be included in any list of registered

18  voters available to the public.

19         (2)  The supervisor of elections may not make the

20  participant's name, address, or telephone number contained in

21  voter registration records available for public inspection or

22  copying except:

23         (a)  To a law enforcement agency for purposes of

24  assisting in the execution of an arrest warrant.

25         (b)  If directed by a court order, to a person

26  identified in the order.

27         Section 7.  Section 741.407, Florida Statutes, is

28  created to read:

29         741.407  Disclosure of address prohibited;

30  exceptions.--The Attorney General may not make a program

31  participant's name, address, other than the address designated


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                                    CS/CS/HB 1637, First Engrossed



  1  by the Attorney General, or telephone number available for

  2  inspection or copying, except under the following

  3  circumstances:

  4         (1)  To a law enforcement agency for purposes of

  5  assisting in the execution of an arrest warrant.

  6         (2)  If directed by a court order, to a person

  7  identified in the order.

  8         (3)  If certification has been canceled.

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10  The Attorney General shall provide immediate written

11  notification of disclosure to a program participant when a

12  disclosure takes place in one of the instances described in

13  subsection (2) or subsection (3).

14         Section 8.  Section 741.408, Florida Statutes, is

15  created to read:

16         741.408  Assistance for program applicants.--The

17  Attorney General shall designate state and local agencies and

18  nonprofit agencies that provide counseling and shelter

19  services to victims of domestic violence to assist persons

20  applying to be program participants.  Assistance and

21  counseling rendered by the Office of the Attorney General or

22  its designees to applicants does not constitute legal advice.

23         Section 9.  Section 741.409, Florida Statutes, is

24  created to read:

25         741.409  Adoption of rules.--The Attorney General may

26  adopt rules to facilitate the administration of this chapter

27  by state and local agencies and other governmental entities.

28         Section 10.  This program may be implemented only to

29  the extent that it is funded by the Legislature. A general

30  revenue appropriation may not exceed $150,000 for fiscal year

31  1998-1999. For fiscal years 1990-2000 and 2000-2001, any


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                                    CS/CS/HB 1637, First Engrossed



  1  general revenue appropriation for this program may not be

  2  greater than the total of the initial funding and an increase

  3  of 5 percent of the allocation from the previous year. This

  4  provision in no way prohibits the Attorney General from

  5  seeking federal funds, grants, or donations to implement or to

  6  expand this program.

  7         Section 11.  This act shall take effect October 1,

  8  1998.

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