HB 1591

1	A bill to be entitled
2	An act relating to public records; amending s. 97.0585,
3	F.S.; providing an exemption from public records
4	requirements for the signature and social security number
5	of a voter registration applicant and for absentee ballot
6	request information collected, including the date a
7	request for an absentee ballot was made, the date the
8	absentee ballot was delivered or mailed, the date the
9	ballot was received by the supervisor of elections, and
10	other information regarding the request deemed necessary
11	by the supervisor of elections; specifying persons and
12	entities for whom such absentee ballot request information
13	may be reproduced or to whom such information may be made
14	available; removing the exemption from public records
15	requirements for the telephone number of a voter for
16	purposes of copying; providing for review and repeal;
17	providing a statement of public necessity; providing an
18	effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Section 97.0585, Florida Statutes, is amended
23	to read:
24	97.0585  Public records exemption; voter registration
25	information; absentee ballot request information Declinations to
26	register; place of registration and registration information;
27	confidentiality.--
28	(1)  The following voter information and registration
29	information are confidential and exempt from the provisions of
30	s. 119.07(1) and s. 24(a), Art. I of the State Constitution and
31	may be used only for voter registration purposes:
32	(a)(1)  All declinations to register to vote made pursuant
33	to ss. 97.057 and 97.058 are confidential and exempt from the
34	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
35	Constitution and may be used only for voter registration
36	purposes.
37	(b)(2)  Information relating to the place where a person
38	registered to vote or where a person updated a voter
39	registration. is confidential and exempt from the provisions of
40	s. 119.07(1) and s. 24(a), Art. I of the State Constitution;
41	(c)  A voter registration applicant's or and a voter's
42	signature and, social security number, and telephone number may
43	not be copied and are exempt for that purpose from the
44	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
45	Constitution.
46	(d)  Absentee ballot request information collected pursuant
47	to s. 101.62 that includes the date a request for an absentee
48	ballot was made, the date the absentee ballot was delivered or
49	mailed, the date the ballot was received by the supervisor of
50	elections, and such other information the supervisor may deem
51	necessary regarding the request. However, this information may
52	be reproduced for or made available to, for political purposes
53	only, a canvassing board, an election official, a political
54	party or official thereof, a candidate who has filed
55	qualification papers and is opposed in an upcoming election, and
56	registered political committees and committees of continuous
57	existence.
58	(2)  Subsection (1) is subject to the Open Government
59	Sunset Review Act of 1995 in accordance with s. 119.15 and shall
60	stand repealed on October 2, 2010, unless reviewed and saved
61	from repeal through reenactment by the Legislature.
62	Section 2.  The state finds that it is a public necessity
63	that the signature and social security number of a voter
64	registration applicant or voter and absentee ballot request
65	information collected, including the date a request for an
66	absentee ballot was made, the date the absentee ballot was
67	delivered or mailed, the date the ballot was received by the
68	supervisor of elections, and other information regarding the
69	request deemed necessary by the supervisor of elections, be held
70	confidential and exempt from s. 119.07(1), Florida Statutes, and
71	s. 24(a), Art. I of the State Constitution in order to fully
72	comply with procedures for federal elections under the National
73	Voter Registration Act. Since Florida has a unified voter
74	registration system for federal and state elections, this
75	information must be kept confidential in order to comply fully
76	with the National Voter Registration Act. In addition, keeping
77	this information confidential and exempt from public records
78	requirements will encourage and remove disincentives to voter
79	registration. The Legislature also finds that it is a public
80	necessity to exclude from public availability personal
81	identifying information such as social security numbers and
82	signatures that may be used to perpetuate identity theft, which
83	has become a significant problem in our technology-based
84	society. The implementation of a statewide voter registration
85	system in 2006 will result in the collection and maintenance of
86	one of the most comprehensive databases of persons in the state.
87	Owing to technology-based mediums such as the Internet, the ease
88	of access to and distribution of information in public records
89	could result in voter fraud, facilitate the crime of identity
90	theft, and subject individuals to invasion of privacy.
91	Additionally, public access to such information may result in
92	severe economic harm to a person whose identity has been stolen
93	or whose home is the site of breaking and entering in his or her
94	absence due to information received about an absentee ballot
95	request.
96	Section 3.  This act shall take effect on the same date
97	that HB 1589 or similar legislation relating to voter
98	registration takes effect, if such legislation is adopted in the
99	same legislative session or an extension thereof and becomes
100	law.

CODING: Words stricken are deletions; words underlined are additions.