Florida Senate - 2021                                    SB 1492
       
       
        
       By Senator Broxson
       
       
       
       
       
       1-01250-21                                            20211492__
    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 specified information
    5         regarding a voter or voter registration applicant;
    6         authorizing disclosure of confidential and exempt
    7         information under certain circumstances; providing for
    8         future legislative review and repeal; providing for
    9         retroactive application; providing statements of
   10         public necessity; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 97.0585, Florida Statutes, is amended to
   15  read:
   16         97.0585 Public records exemption; information regarding
   17  voters and voter registration; confidentiality.—
   18         (1) The following information held by an agency, as defined
   19  in s. 119.011, and obtained for the purpose of voter
   20  registration is confidential and exempt from s. 119.07(1) and s.
   21  24(a), Art. I of the State Constitution and may be used only for
   22  purposes of voter registration, unless disclosure is authorized
   23  under subsection (2):
   24         (a) All declinations to register to vote made pursuant to
   25  ss. 97.057 and 97.058.
   26         (b) Information relating to the place where a person
   27  registered to vote or where a person updated a voter
   28  registration.
   29         (c) The social security number, driver license number, and
   30  Florida identification number of a voter registration applicant
   31  or voter.
   32         (d) Information related to a voter registration applicant’s
   33  or voter’s prior felony conviction and whether such person has
   34  had his or her voting rights restored by the Board of Executive
   35  Clemency or pursuant to s. 4, Art. VI of the State Constitution.
   36         (e) All information concerning preregistered voter
   37  registration applicants who are 16 or 17 years of age.
   38         (f)The address of legal residence, date of birth,
   39  telephone number, and e-mail address of a voter registration
   40  applicant or voter.
   41         (g)(f) Paragraphs (d) and (e) are subject to the Open
   42  Government Sunset Review Act in accordance with s. 119.15 and
   43  shall stand repealed on October 2, 2024, unless reviewed and
   44  saved from repeal through reenactment by the Legislature.
   45         (h)Paragraph (f) is subject to the Open Government Sunset
   46  Review Act in accordance with s. 119.15 and shall stand repealed
   47  on October 2, 2026, unless reviewed and saved from repeal
   48  through reenactment by the Legislature.
   49         (2)A person’s information made confidential and exempt
   50  under paragraph (1)(f) shall only be made available to or
   51  reproduced for:
   52         (a)The individual whose information was made confidential
   53  and exempt.
   54         (b)A canvassing board or an election official in his or
   55  her official capacity.
   56         (c)A political party or an official thereof, a candidate
   57  who has filed qualification papers, an elected official, or a
   58  registered political committee, for political purposes only.
   59         (3)(2) The signature of a voter registration applicant or a
   60  voter is exempt from the copying requirements of s. 119.07(1)
   61  and s. 24(a), Art. I of the State Constitution.
   62         (4)(3) This section applies to information held by an
   63  agency before, on, or after the effective date of this
   64  exemption.
   65         Section 2. (1)The Legislature finds it a public necessity
   66  that the address of legal residence, date of birth, telephone
   67  number, and e-mail address of a voter registration applicant or
   68  voter held by an agency, and obtained for the purpose of voter
   69  registration, be confidential and exempt from public records
   70  requirements and used only for purposes of voter registration.
   71         (2)Information such as a voter registration applicant’s or
   72  a voter’s address of legal residence, date of birth, telephone
   73  number, and e-mail address are personal and sensitive and could
   74  be misused by a dishonest person if placed in the public domain
   75  with the applicant’s or the voter’s name. By matching a name and
   76  address of legal residence, date of birth, telephone number, or
   77  e-mail address, a dishonest person could commit identity theft,
   78  which could result in financial harm to a voter registration
   79  applicant or a voter. The potential for harm that results from
   80  unfettered access to a voter registration applicant’s or a
   81  voter’s address of legal residence, date of birth, telephone
   82  number, and e-mail address, accompanied by the person’s name,
   83  exceeds any public benefit that may be derived from disclosure
   84  of such information. In addition, such information may be used
   85  for consumer scams, unwanted solicitations, or other forms of
   86  invasive contacts.
   87         (3)The Legislature also finds that e-mail addresses are
   88  personal information that could be misused and could result in
   89  voter fraud if released. A voter may request a vote-by-mail
   90  ballot using an e-mail address. Unrestricted access to such e
   91  mail addresses may enable others to determine which voters are
   92  intending to vote by vote-by-mail ballot and result in the
   93  confiscation and misuse of a mailed vote-by-mail ballot by a
   94  person other than the requesting voter. In addition, collection
   95  of the e-mail address of a voter registration applicant or a
   96  voter would give supervisors of elections the opportunity to
   97  employ the cost-saving measure of electronically transmitting
   98  sample ballots. If a voter registration applicant or a voter
   99  knows that his or her e-mail address is subject to public
  100  disclosure, he or she may be less willing to provide the e-mail
  101  address to the supervisor of elections. Accordingly, the
  102  effective and efficient administration of a government program
  103  would be significantly impaired.
  104         Section 3. This act shall take effect July 1, 2021.