Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 2178
                        Barcode 171048
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                  WD             .                    
       04/01/2005 05:42 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Ethics and Elections (Posey) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 97.0585, Florida Statutes, is
19  amended to read:
20         97.0585  Public-records exemption; information
21  regarding voters and voter Declinations to register; place of
22  registration and registration information; confidentiality.--
23         (1)  The following information concerning voters and
24  voter registration is confidential and exempt from s.
25  119.07(1) and s. 24(a), Art. I of the State Constitution and
26  may be used only for purposes of voter registration:
27         (a)(1)  All declinations to register to vote made
28  pursuant to ss. 97.057 and 97.058 are confidential and exempt
29  from the provisions of s. 119.07(1) and s. 24(a), Art. I of
30  the State Constitution and may be used only for voter
31  registration purposes.
                                  1
    4:27 PM   03/25/05                             s2178d-ee24-t2b
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 2178
                        Barcode 171048
 1         (b)(2)  Information relating to the place where a
 2  person registered to vote or where a person updated a voter
 3  registration.
 4         (c)  The social security number and the telephone
 5  number of a voter registration applicant or a voter.
 6         (2)  The signature of a voter registration applicant or
 7  a voter is confidential and exempt from the provisions of s.
 8  119.07(1) and s. 24(a), Art. I of the State Constitution; and
 9  a voter's signature, social security number, and telephone
10  number may not be copied and is are exempt for that purpose
11  from the provisions of s. 119.07(1) and s. 24(a), Art. I of
12  the State Constitution.
13         Section 2.  Section 97.0585, Florida Statutes, as
14  amended by this act, is subject to the Open Government Sunset
15  Review Act of 1995 in accordance with section 119.15, Florida
16  Statutes, and shall stand repealed on October 2, 2010, unless
17  reviewed and saved from repeal through reenactment by the
18  Legislature.
19         Section 3.  (1)  The Legislature recognizes that the
20  Help America Vote Act of 2002 requires the implementation of a
21  new single, uniform, centralized, interactive, and
22  computerized statewide voter registration system by January 1,
23  2006. The Florida Voter Registration System (FVRS) will
24  replace the existing state's voter registration system. The
25  FVRS will interface with and integrate voter registration
26  information and records from the offices of the 67 county
27  supervisors of elections. The FVRS will contain the name and
28  other registration information of every legally registered
29  voter in the state. The FVRS will be the official list of
30  registered voters in the state and will be used as the
31  registration system for federal and state elections. Any such
                                  2
    4:27 PM   03/25/05                             s2178d-ee24-t2b
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 2178
                        Barcode 171048
 1  system must keep information concerning a person's decision
 2  not to register or information concerning the place where a
 3  person registers to vote confidential in accordance with the
 4  National Voter Registration Act. Therefore, the Legislature
 5  finds it necessary to continue the existing public-records
 6  exemption to keep such information confidential and exempt in
 7  order to conform with the requirements of the National Voter
 8  Registration Act. Additionally, because persons may register
 9  to vote or update voter registration information at designated
10  voter registration agencies that may include any office that
11  provides public assistance, this exemption is also necessary
12  to protect from disclosure personal information concerning
13  those persons who apply for or receive public assistance at
14  these offices.
15         (2)  The Legislature also finds it necessary to
16  continue and expand the existing exemption from public-records
17  access to social security numbers and telephone numbers of
18  voters and voter registration applicants. The Legislature
19  finds that access to such information can lead to fraud,
20  personal identity theft, and invasion of privacy. The Florida
21  Voter Statewide Voter Registration System, once implemented
22  and maintained, will constitute one of the most comprehensive
23  and up-to-date databases of persons in this state. The
24  Legislature finds it not only necessary to continue to exempt
25  from copying social security numbers and telephone numbers of
26  those persons in the Florida Voter Registration System but
27  also to exempt those numbers from inspection. Even the
28  memorization of a single person's social security number or
29  telephone number could result in economic and personal harm to
30  that individual whose numbers may be used to perpetuate fraud
31  or may be coupled with other readily available public
                                  3
    4:27 PM   03/25/05                             s2178d-ee24-t2b
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 2178
                        Barcode 171048
 1  information to commit personal identity theft or to gain
 2  access to records, such as financial, educational, or medical
 3  records. The Legislature also finds it necessary to continue
 4  to keep the social security numbers and telephone numbers in
 5  the Florida Voter Registration System confidential and exempt
 6  in order to encourage voter registration and remove
 7  disincentives to registering to vote.
 8         (3)  The Legislature also finds it necessary to
 9  continue and to expand the existing exemption that precludes
10  the copying of a voter's signature. Currently, a voter's
11  signature is exempt from copying but only if contained on a
12  voter registration application or precinct register. Two
13  advisory opinions from the Attorney General issued in 2001
14  stated that a voter's signature on an absentee ballot
15  certificate is not part of the voter registration record and
16  therefore not exempt from copying. Because express exemption
17  from copying did not exist for absentee ballot certificates,
18  any person or entity may request and obtain copies of all
19  signatures of voters who voted absentee in any particular
20  election. Consequently, any person or entity may also request
21  and obtain copies of all signatures of voters who signed
22  provisional ballot envelopes, early voting certificates, or
23  any other voting-related documents other than a voter
24  registration application or a precinct register. The
25  Legislature intends that a voter's signature be protected in
26  order to prevent fraud, identity theft, or invasion of privacy
27  in all instances. Nonetheless, the Legislature finds that any
28  exemption for such signatures must be balanced against the
29  continuing administrative need to allow for public inspection
30  of the signatures of voters or voter registration applicants
31  for purposes of voter verification, matching, or authenticity
                                  4
    4:27 PM   03/25/05                             s2178d-ee24-t2b
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 2178
                        Barcode 171048
 1  as may occur in a voter's challenge or canvassing of an
 2  absentee ballot. Therefore, the Legislature finds that it is a
 3  public necessity to continue the existing exemption solely
 4  from copying of voters' signatures and to expand that
 5  exemption to apply to voters' signatures as may also appear on
 6  absentee ballot certificate envelopes, provisional ballot
 7  envelopes, early-voting certificates, or any other
 8  voting-related document that must be executed for purposes of
 9  voting or voter registration.
10         Section 4.  This act shall take effect on the same date
11  that Senate Bill 2176 or similar legislation takes effect, if
12  such legislation is enacted in the same legislative session or
13  an extension thereof and becomes law.
14  
15  
16  ================ T I T L E   A M E N D M E N T ===============
17  And the title is amended as follows:
18         On page 1, lines 8-13, delete those lines
19  
20  and insert:
21         updated a registration, and a voter's
22         signature, social security number, and
23         telephone number;
24  
25  
26  
27  
28  
29  
30  
31  
                                  5
    4:27 PM   03/25/05                             s2178d-ee24-t2b