Florida Senate - 2009                                    SB 2144
       
       
       
       By Senator Gardiner
       
       
       
       
       9-00797-09                                            20092144__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating an
    3         exemption from public-records requirements for the
    4         names, addresses, and telephone numbers of persons who
    5         are victims of stalking or aggravated stalking which
    6         are contained in voter registration and voting records
    7         held by the supervisor of elections or the Department
    8         of State; providing for an exception under certain
    9         circumstances; providing for future review and repeal
   10         of the exemption under the Open Government Sunset
   11         Review Act; providing a statement of public necessity;
   12         providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Public-records exemption for stalking victims.—
   17         (1) The names, addresses, and telephone numbers of victims
   18  of the offense of stalking or aggravated stalking as described
   19  in s. 784.048, Florida Statutes, which are contained in voter
   20  registration and voting records held by the supervisor of
   21  elections or the Department of State are exempt from s.
   22  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   23  State Constitution. However, the information may be disclosed to
   24  a law enforcement agency for purposes of assisting in the
   25  execution of an arrest warrant or, if directed by a court order,
   26  to a person identified in the order. This exemption applies to
   27  information received by the supervisor of elections or the
   28  Department of State before, on, or after the effective date of
   29  the exemption.
   30         (2) This section is subject to the Open Government Sunset
   31  Review Act in accordance with s. 119.15, Florida Statutes, and
   32  shall stand repealed on October 2, 2014, unless reviewed and
   33  saved from repeal through reenactment by the Legislature.
   34         Section 2. The Legislature finds that it is a public
   35  necessity that the names, addresses, and telephone numbers of
   36  victims of stalking or aggravated stalking which are contained
   37  in voter registration records and voting records held by the
   38  supervisor of elections or the Department of State be made
   39  exempt from public-records requirements. The victims, who may be
   40  members of the voting public, must be afforded the ability to
   41  participate in the election process. However, the supervisor of
   42  elections has a verifiable address for a stalking victim in
   43  order to place that person in the proper voting precinct and to
   44  maintain accurate records for compliance with state and federal
   45  requirements. The public-records exemption for the victim's name
   46  is a public necessity because access to such name narrows the
   47  location of that victim to his or her voting precinct. In
   48  addition, access to the victim's address and telephone number
   49  provides specific location and contact information for the
   50  victim. Therefore, access to the victim's name, address, and
   51  telephone number defeats the goal of providing safety and
   52  security. Thus, the Legislature finds that it is a public
   53  necessity to make confidential and exempt from public-records
   54  requirements information held by the supervisor of elections or
   55  the Department of State which would identify a person who is a
   56  victim of stalking or aggravated stalking.
   57         Section 3. This act shall take effect upon becoming a law.