Florida Senate - 2012                             CS for SB 1096
       
       
       
       By the Committee on Criminal Justice; and Senator Hays
       
       
       
       
       591-03542-12                                          20121096c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         943.44353, F.S.; creating a public records exemption
    4         for the electronic mail address and physical address
    5         information provided to the Department of Law
    6         Enforcement by a person requesting access to the
    7         automatic notification system of registration
    8         information regarding sexual predators and sexual
    9         offenders; providing for future legislative review and
   10         repeal of the exemption under the Open Government
   11         Sunset Review Act; providing a statement of public
   12         necessity; providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (3) is added to section 943.44353,
   17  Florida Statutes, to read:
   18         943.44353 Automatic notification of registration
   19  information regarding sexual predators and offenders.—
   20         (3)(a) Any information regarding an electronic mail address
   21  or physical address provided to the department by a person in
   22  order for that person to use or access the automatic Florida
   23  Offender Alert notification system is confidential and exempt
   24  from s. 119.07(1) and s. 24 (a), Art. I of the State
   25  Constitution unless such information is specifically made public
   26  or is specifically required to be disclosed by other provisions
   27  of law. This confidential and exempt status applies
   28  retroactively to all such information retained by the department
   29  before July 1, 2012.
   30         (b) This subsection is subject to the Open Government
   31  Sunset Review Act in accordance with s. 119.15, and shall stand
   32  repealed on October 2, 2017, unless reviewed and saved from
   33  repeal through reenactment by the Legislature.
   34         Section 2. The Legislature finds that it is a public
   35  necessity to exempt from public records requirements the
   36  electronic mail address and physical address information
   37  furnished to the Department of Law Enforcement by persons
   38  requesting access to the automatic notification system of
   39  registration information regarding sexual predators and sexual
   40  offenders. A public records exemption for such information
   41  furnished to the department will encourage greater access to the
   42  notification system by alleviating concerns about disclosure of
   43  electronic mail and physical location information that could be
   44  used for criminal purposes. Public safety is significantly
   45  enhanced through the use of the department’s notification
   46  system. For these reasons, the public records exemption provided
   47  by this act is necessary for effective and broad participation
   48  in the notification system by those seeking notification.
   49         Section 3. This act shall take effect July 1, 2012.