Bill Text: FL S0702 | 2016 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public Records/Preregistered Voter Registration Applicants
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2016-03-11 - Died in Rules [S0702 Detail]
Download: Florida-2016-S0702-Introduced.html
Bill Title: Public Records/Preregistered Voter Registration Applicants
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2016-03-11 - Died in Rules [S0702 Detail]
Download: Florida-2016-S0702-Introduced.html
Florida Senate - 2016 SB 702 By Senator Altman 16-00810-16 2016702__ 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 and 6 information concerning preregistered voter 7 registration applicants; authorizing disclosure of 8 confidential and exempt information under certain 9 circumstances; providing for future legislative review 10 and repeal; providing a statement of public necessity; 11 providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 97.0585, Florida Statutes, is amended to 16 read: 17 97.0585 Public records exemption; information regarding 18 voters and voter registration; confidentiality.— 19 (1) The following information held by an agency as defined 20 in s. 119.011, and obtained for the purpose of voter 21 registration, is confidential and exempt from s. 119.07(1) and 22 s. 24(a), Art. I of the State Constitution and may be used only 23 for purposes of voter registration, unless disclosure is 24 authorized under subsection (2): 25 (a) All declinations to register to vote made pursuant to 26 ss. 97.057 and 97.058. 27 (b) Information relating to the place where a person 28 registered to vote or where a person updated a voter 29 registration. 30 (c) The social security number, driver license number, and 31 Florida identification number of a voter registration applicant 32 or voter. 33 (d) The legal residential address, date of birth, telephone 34 number, and e-mail address of a voter registration applicant or 35 voter. 36 (e) All information concerning preregistered voter 37 registration applicants who are 16 or 17 years of age. 38 (2) A person’s information made confidential and exempt 39 under paragraph (1)(d) shall be made available to or reproduced 40 only for that voter registration applicant or voter, a 41 canvassing board, an election official, a political party or 42 official thereof, a candidate who has filed qualification papers 43 and is opposed in an upcoming election, and registered political 44 committees for political purposes only. 45 (3)(2)The signature of a voter registration applicant or a 46 voter is exempt from the copying requirements of s. 119.07(1) 47 and s. 24(a), Art. I of the State Constitution. 48 (4)(3)This section applies to information held by an 49 agency before, on, or after the effective date of this 50 exemption. 51 (5) Paragraph (1)(d), paragraph (1)(e), and subsection (2) 52 are subject to the Open Government Sunset Review Act in 53 accordance with s. 119.15 and shall stand repealed on October 2, 54 2021, unless reviewed and saved from repeal through reenactment 55 by the Legislature. 56 Section 2. (1) The Legislature finds it a public necessity 57 that the following information held by an agency, and obtained 58 for the purpose of voter registration, be confidential and 59 exempt from public records requirements and used only for 60 purposes of voter registration: 61 (a) The legal residential address, date of birth, telephone 62 number, and e-mail address of a voter registration applicant or 63 voter. 64 (b) All information concerning preregistered voter 65 registration applicants who are 16 or 17 years of age. 66 (2) Information such as a voter registration applicant’s or 67 a voter’s legal residential address, date of birth, telephone 68 number, and e-mail address are personal and sensitive and could 69 be misused by a dishonest person if placed in the public domain 70 with the applicant’s or the voter’s name. By matching a name and 71 legal residential address, date of birth, telephone number, or 72 e-mail address, a dishonest person could commit identity theft, 73 which could result in financial harm to a voter registration 74 applicant or a voter. The potential for harm that results from 75 unfettered access to a voter registration applicant’s or a 76 voter’s legal residential address, date of birth, telephone 77 number, and e-mail address, accompanied by the person’s name, 78 exceeds any public benefit that may be derived from disclosure 79 of such information. In addition, such information may be used 80 for consumer scams, unwanted solicitations, or other invasive 81 contacts. 82 (3) The Legislature also finds that e-mail addresses are 83 personal information that could be misused and could result in 84 voter fraud if released. A voter may request an absentee ballot 85 using an e-mail address. Unrestricted access to such e-mail 86 addresses may enable others to determine which voters are 87 intending to vote by absentee ballot and result in the 88 confiscation and misuse of a mailed absentee ballot by a person 89 other than the requesting voter. In addition, collection of the 90 e-mail address of a voter registration applicant or a voter 91 would give supervisors of elections the opportunity to employ 92 the cost-saving measure of electronically transmitting sample 93 ballots. If a voter registration applicant or a voter knows that 94 his or her e-mail address is subject to public disclosure, he or 95 she may be less willing to provide the e-mail address to the 96 supervisor of elections. Accordingly, the effective and 97 efficient administration of a government program would be 98 significantly impaired. 99 (4) The Legislature also finds that information concerning 100 preregistered 16-year-old and 17-year-old voter registration 101 applicants could be misused if released. Minors are more 102 vulnerable members of society, and the widespread release of 103 information acquired through preregistration activities may be 104 used to solicit, harass, stalk, or intimidate such individuals. 105 Without such protection, a minor may be less likely to take 106 advantage of pre-registering to vote, thus hindering the 107 effective and efficient administration of a program that 108 otherwise encourages greater participation in the democratic 109 process. 110 Section 3. This act shall take effect July 1, 2016.