Florida Senate - 2014 SB 1514
By Senator Evers
2-01423-14 20141514__
1 A bill to be entitled
2 An act relating to public records; amending s.
3 97.0585, F.S.; providing an exemption from public
4 records requirements for the e-mail addresses of voter
5 registration applicants and voters; providing for
6 future review and repeal of the exemption under the
7 Open Government Sunset Review Act; providing a
8 statement of public necessity; providing an effective
9 date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 97.0585, Florida Statutes, is amended to
14 read:
15 97.0585 Public records exemption; information regarding
16 voters and voter registration; confidentiality.—
17 (1) The following information held by an agency as defined
18 in s. 119.011 and obtained for the purpose of voter registration
19 is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
20 I of the State Constitution and may be used only for purposes of
21 voter registration:
22 (a) All declinations to register to vote made pursuant to
23 ss. 97.057 and 97.058.
24 (b) Information relating to the place where a person
25 registered to vote or where a person updated a voter
26 registration.
27 (c) The social security number, driver driver’s license
28 number, and Florida identification number of a voter
29 registration applicant or voter.
30 (d) The e-mail address of a voter registration applicant or
31 voter.
32 (2) The signature of a voter registration applicant or a
33 voter is exempt from the copying requirements of s. 119.07(1)
34 and s. 24(a), Art. I of the State Constitution.
35 (3) The names, addresses, and telephone numbers of persons
36 who are victims of stalking or aggravated stalking are exempt
37 from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
38 in the same manner that the names, addresses, and telephone
39 numbers of participants in the Address Confidentiality Program
40 for Victims of Domestic Violence which are held by the Attorney
41 General under s. 741.465 are exempt from disclosure, provided
42 that the victim files a sworn statement of stalking with the
43 Office of the Attorney General and otherwise complies with the
44 procedures in ss. 741.401-741.409.
45 (4) This section applies to information held by an agency
46 before, on, or after the effective date of this exemption.
47 (5)(a) Subsection (3) is subject to the Open Government
48 Sunset Review Act in accordance with s. 119.15 and shall stand
49 repealed on October 2, 2015, unless reviewed and saved from
50 repeal through reenactment by the Legislature.
51 (b) Paragraph (d) of subsection (1) is subject to the Open
52 Government Sunset Review Act in accordance with s. 119.15 and
53 shall stand repealed on October 2, 2018, unless reviewed and
54 saved from repeal through reenactment by the Legislature.
55 Section 2. The Legislature finds that it is a public
56 necessity that the e-mail address of a voter registration
57 applicant or voter that is held by an agency and obtained for
58 the purpose of voter registration be made confidential and
59 exempt from s. 119.07(1) and s. 24(a), Article I of the State
60 Constitution. An e-mail address is personal information that
61 could be misused and could result in voter fraud if released. A
62 voter may request an absentee ballot using an e-mail address.
63 Public access to that e-mail address could make others aware of
64 those voters intending to vote using an absentee ballot and
65 could result in confiscation and misuse of a mailed absentee
66 ballot by a person other than the registered voter before the
67 registered voter receives the requested absentee ballot. In
68 addition, collection of the e-mail address of a voter
69 registration applicant or a registered voter would allow the
70 supervisors of elections to send sample ballots electronically,
71 thereby saving counties money. If a voter registration applicant
72 or a registered voter knows that his or her e-mail address is
73 subject to public disclosure, he or she may be less willing to
74 provide the address to the supervisor of elections. Accordingly,
75 the effective and efficient administration of a government
76 program would be significantly impaired.
77 Section 3. This act shall take effect upon becoming a law.