FL
Florida House Bill H0041

Florida 2025 Regular Session

Florida House Bill H0041 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
15-An act relating to public records; amending s. 2
16-741.465, F.S.; defining the term "address"; providing 3
17-that the names, addresses, telephone numbers, and 4
18-social security numbers of victims of dating violence 5
19-who participate in the Address Confidentiality Program 6
20-for Victims of Domestic and Dating Violence are exempt 7
21-from public records requirements; providing for 8
22-retroactive application of the exemption; providing 9
23-for future legislative review and repeal; providing a 10
24-statement of public necessity; providing a contingent 11
25-effective date. 12
26- 13
27-Be It Enacted by the Legislature of the State of Florida: 14
28- 15
29- Section 1. Section 741.465, Florida Statutes, is amended 16
30-to read: 17
31- 741.465 Public records exemption for the Address 18
32-Confidentiality Program for Victims of Domestic and Dating 19
33-Violence.— 20
34- (1) For purposes of this section, the term "address" means 21
35-a residential street address, school address, or work address, 22
36-as specified on the individual's application to be a program 23
37-participant in the Address Confidentiality Program for Victims 24
38-of Domestic and Dating Violence. 25
15+An act relating to public records and public meetings; 2
16+amending s. 741.317, F.S.; specifying that information 3
17+obtained by the Helping Abuse Victims Escape Now Act 4
18+Coordinating Council which is exempt or confidential 5
19+and exempt from public records requirements retains 6
20+its protected status; providing an exemption from 7
21+public records requirements for personal identifying 8
22+information of a victim of domestic violence and 9
23+dating violence and other specified information 10
24+contained in records held by the coordi nating 11
25+council; providing an exemption from public meetings 12
26+requirements for portions of the coordinating 13
27+council's meetings during which exempt or confidential 14
28+and exempt information is discussed; providing 15
29+statements of public necessity; providing a contingent 16
30+effective date. 17
31+ 18
32+Be It Enacted by the Legislature of the State of Florida: 19
33+ 20
34+ Section 1. Subsection (9) of section 741.317, Florida 21
35+Statutes, as created by HB 19 or similar legislation, 2025 22
36+Regular Session, is renumbered as subsection (10), and a new 23
37+subsection (9) is added to that section, to read: 24
38+ 741.317 Helping Abuse Victims Escape Now Act; coordinating 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51- (2)(1) The addresses, corresponding telephone numbers, and 26
52-social security numbers of program participant s in the Address 27
53-Confidentiality Program for Victims of Domestic and Dating 28
54-Violence held by the Office of the Attorney General are exempt 29
55-from s. 119.07(1) and s. 24(a), Art. I of the State 30
56-Constitution, except the information may be disclosed under the 31
57-following circumstances: to a law enforcement agency for 32
58-purposes of assisting in the execution of a valid arrest 33
59-warrant; if directed by a court order, to a person identified in 34
60-the order; or if the certification has been canceled. For 35
61-purposes of this sec tion, the term "address" means a residential 36
62-street address, school address, or work address, as specified on 37
63-the individual's application to be a program participant in the 38
64-Address Confidentiality Program for Victims of Domestic 39
65-Violence. 40
66- (3)(2) The names, addresses, and telephone numbers of 41
67-participants in the Address Confidentiality Program for Victims 42
68-of Domestic and Dating Violence contained in voter registration 43
69-and voting records held by the supervisor of elections and the 44
70-Department of State are e xempt from s. 119.07(1) and s. 24(a), 45
71-Art. I of the State Constitution, except the information may be 46
72-disclosed under the following circumstances: to a law 47
73-enforcement agency for purposes of assisting in the execution of 48
74-an arrest warrant or, if directed b y a court order, to a person 49
75-identified in the order. This exemption applies to information 50
51+council; membership; duties; reports; fundi ng; preemption; 26
52+confidentiality.— 27
53+ (9) CONFIDENTIALITY. — 28
54+ (a)1. Any information that is exempt or confidential and 29
55+exempt from s. 119.07(1) and s. 24(a), Art. I of the State 30
56+Constitution and is obtained by the HAVEN Coordinating Council 31
57+while executing its duties under this section shall retain its 32
58+exempt or confidential and exempt status when held by the 33
59+council. 34
60+ 2. Any information contained in a record created by the 35
61+coordinating council which reveals the identity of a victim of 36
62+domestic violence or d ating violence is confidential and exempt 37
63+from s. 119.07(1) and s. 24(a), Art. I of the State 38
64+Constitution. 39
65+ 3. Any information that is maintained as exempt or 40
66+confidential and exempt within this chapter retains its exempt 41
67+or confidential and exempt statu s when held by the coordinating 42
68+council. 43
69+ (b) Portions of meetings of the coordinating council 44
70+relating to the physical injury or death of a victim of domestic 45
71+violence or dating violence, and the prevention of such physical 46
72+injury or death, during which exempt or confidential and exempt 47
73+information, information protected within this chapter, the 48
74+identity of the victim, or the identity of persons responsible 49
75+for the welfare of the victim is discussed, are exempt from s. 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-made exempt by this subsection before, on, or after the 51
89-effective date of the exemption. 52
90- (4)(a) The exemptions in this section apply to records 53
91-held by the Office of the Attorney General, the Department of 54
92-State, and each supervisor of elections before, on, or after the 55
93-effective date of this act. 56
94- (b) This section is subject to the Open Government Sunset 57
95-Review Act in accordance with s. 119.15 and shall stand rep ealed 58
96-on October 2, 2030, unless reviewed and saved from repeal 59
97-through reenactment by the Legislature. 60
98- Section 2. (1) The Legislature finds that it is a public 61
99-necessity that the addresses, corresponding telephone numbers, 62
100-and social security numbers of victims of dating violence who 63
101-participate in the Address Confidentiality Program for Victims 64
102-of Domestic and Dating Violence held by the Office of the 65
103-Attorney General be made exempt from s. 119.07(1), Florida 66
104-Statutes, and s. 24(a), Article I of the State Constitution. The 67
105-Legislature recognizes that greater protection is needed for 68
106-victims of dating violence, similar to that currently afforded 69
107-to victims of domestic violence, to prevent harm from assailants 70
108-or probable assailants who are attempting t o find them. The 71
109-Legislature finds that release of such information could 72
110-significantly threaten the physical safety and security of 73
111-victims of dating violence who participate in the program and 74
112-that the harm that may result from the release of the 75
88+286.011 and s. 24(b), Art. I of the State Constitution. 51
89+ Section 2. (1) The Legislature finds that it is a public 52
90+necessity that information that is exempt or confidential and 53
91+exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 54
92+Article I of the State Constitution remains exempt or 55
93+confidential and exempt when held by the Helping Abuse Victims 56
94+Escape Now Coordinating Council. Additionally, the Legislature 57
95+finds that it is a public necessity that information that 58
96+reveals the identity of a victim of domestic violence or dating 59
97+violence or the identity of persons responsible for the welfare 60
98+of such victim be confidential and exempt from public records 61
99+requirements because the disclosure of such sensitive personal 62
100+identifying information could impede the open communication and 63
101+coordination among the parties involved in the coordinating 64
102+council. The harm that would result from the release of such 65
103+information substantially outweighs any public benefit that 66
104+would be achieved by disclosure. 67
105+ (2) The Legislature further finds that it is a publ ic 68
106+necessity that portions of meetings of the coordinating council 69
107+during which exempt or confidential and exempt information, 70
108+information protected within chapter 741, the identity of the 71
109+victim, or the identity of persons responsible for the welfare 72
110+of the victim is discussed, are exempt from s. 286.011, Florida 73
111+Statutes, and s. 24(b), Article I of the State Constitution. 74
112+Failure to close the portions of the meetings in which such 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125-information outweighs any public benefit that might result from 76
126-public disclosure of the information. 77
127- (2) The Legislature finds that it is a public necessity 78
128-that the names, addresses, and telephone numbers contained in 79
129-voter registration and voting records of victims of dating 80
130-violence who participate in the Address Confidentiality Program 81
131-for Victims of Domestic and Dating Violence held by the 82
132-supervisor of elections and the Department of State be made 83
133-exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 84
134-Article I of the State Constitution. Victims of dating violence 85
135-who are participants in the program will have demonstrated to 86
136-the Office of the Attorney General that there exists a risk to 87
137-their physical safety and security. Nonetheless, these program 88
138-participants must be afforded the ability to participate in 89
139-society and cast a vote in elections. However, the supervisor of 90
140-elections must have a verifiable address for a program 91
141-participant in order to place the participant in the proper 92
142-voting district and to maintain accurate records for compliance 93
143-with state and federal requirements. The public record exemption 94
144-for the name of a victim of dating violence who is a participant 95
145-in the program is a public necessity because access to such name 96
146-narrows the location of that participant to his or her voting 97
147-area. In addition, access to such participant's address and 98
148-telephone number provides specific location and contact 99
149-information for the participant. Therefore, access to the 100
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158-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-participant's name, address, and tele phone number defeats the 101
163-sole purpose of the Address Confidentiality Program for Victims 102
164-of Domestic and Dating Violence, which is to provide safety and 103
165-security to every participant. 104
166- Section 3. This act shall take effect on the same date 105
167-that HB 19 or similar legislation takes effect , if such 106
168-legislation is adopted in the same legislative session or an 107
169-extension thereof and becomes a law. 108
125+sensitive personal identifying information is discussed would 76
126+defeat the purpose of the public records exemption. Further, the 77
127+Legislature finds that the exemption is narrowly tailored to 78
128+apply only to those portions of the meetings in which such 79
129+sensitive personal identifying information is discussed and the 80
130+remainder of such me etings remain open to allow for public 81
131+oversight. 82
132+ Section 3. This act shall take effect on the same date 83
133+that HB 19 or similar legislation takes effect , if such 84
134+legislation is adopted in the same legislative session or an 85
135+extension thereof and become s law. 86