Public Records/Victims of Domestic and Dating Violence

741.465 Public records exemption for the Address Confidentiality Program for Victims of Domestic Violence.—

(1) The addresses, corresponding telephone numbers, and social security numbers of program participants in the Address Confidentiality Program for Victims of Domestic Violence held by the Office of the Attorney General are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except the information may be disclosed under the following circumstances: to a law enforcement agency for purposes of assisting in the execution of a valid arrest warrant; if directed by a court order, to a person identified in the order; or if the certification has been canceled. For purposes of this section, the term “address” means a residential street address, school address, or work address, as specified on the individual’s application to be a program participant in the Address Confidentiality Program for Victims of Domestic Violence.

(2) The names, addresses, and telephone numbers of participants in the Address Confidentiality Program for Victims of Domestic Violence contained in voter registration and voting records held by the supervisor of elections and the Department of State are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except the information may be disclosed under the following circumstances: to a law enforcement agency for purposes of assisting in the execution of an arrest warrant or, if directed by a court order, to a person identified in the order. This exemption applies to information made exempt by this subsection before, on, or after the effective date of the exemption.

741.465 Public records exemption for the Address Confidentiality Program for Victims of Domestic and Dating Violence.—

(1) For purposes of this section, the term “address” means a residential street address, school address, or work address, as specified on the individual’s application to be a program participant in the Address Confidentiality Program for Victims of Domestic and Dating Violence.

(2) The addresses, corresponding telephone numbers, and social security numbers of program participants in the Address Confidentiality Program for Victims of Domestic and Dating Violence held by the Office of the Attorney General are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except the information may be disclosed under the following circumstances: to a law enforcement agency for purposes of assisting in the execution of a valid arrest warrant; if directed by a court order, to a person identified in the order; or if the certification has been canceled.

(3) The names, addresses, and telephone numbers of participants in the Address Confidentiality Program for Victims of Domestic and Dating Violence contained in voter registration and voting records held by the supervisor of elections and the Department of State are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except the information may be disclosed under the following circumstances: to a law enforcement agency for purposes of assisting in the execution of an arrest warrant or, if directed by a court order, to a person identified in the order. This exemption applies to information made exempt by this subsection before, on, or after the effective date of the exemption.

(4)(a) Subsections (2) and (3) apply to records held by the Office of the Attorney General, the Department of State, and each supervisor of elections before, on, or after the effective date of the exemptions.

(b) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2031, unless reviewed and saved from repeal through reenactment by the Legislature.

Not codified in the Florida Statutes.

(1) The Legislature finds that it is a public necessity that the addresses, corresponding telephone numbers, and social security numbers of victims of dating violence who participate in the Address Confidentiality Program for Victims of Domestic and Dating Violence held by the Office of the Attorney General be made exempt from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the State Constitution. The Legislature recognizes that greater protection is needed for victims of dating violence, similar to that currently afforded to victims of domestic violence, to prevent harm from assailants or probable assailants who are attempting to find them. The Legislature finds that release of such information could significantly threaten the physical safety and security of victims of dating violence who participate in the program and that the harm that may result from the release of the information outweighs any public benefit that might result from public disclosure of the information.

(2) The Legislature finds that it is a public necessity that the names, addresses, and telephone numbers contained in voter registration and voting records of victims of dating violence who participate in the Address Confidentiality Program for Victims of Domestic and Dating Violence held by the supervisor of elections and the Department of State be made exempt from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the State Constitution. Victims of dating violence who are participants in the program will have demonstrated to the Office of the Attorney General that there exists a risk to their physical safety and security. Nonetheless, these program participants must be afforded the ability to participate in society and cast a vote in elections. However, the supervisor of elections must have a verifiable address for a program participant in order to place the participant in the proper voting district and to maintain accurate records for compliance with state and federal requirements. The public record exemption for the name of a victim of dating violence who is a participant in the program is a public necessity because access to such name narrows the location of that participant to his or her voting area. In addition, access to such participant’s address and telephone number provides specific location and contact information for the participant. Therefore, access to the participant’s name, address, and telephone number defeats the sole purpose of the Address Confidentiality Program for Victims of Domestic and Dating Violence, which is to provide safety and security to every participant.