THE BILL ITSELF
CS/SB 298
Public Records/Victims of Domestic and Dating Violence
ENROLLED
2026
Legislature CS for SB 298 2026298er
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An act relating to public records; amending s.
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741.465, F.S.; providing that certain identifying
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information of victims of dating violence who
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participate in the Address Confidentiality Program for
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Victims of Domestic and Dating Violence which are held
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by the Office of the Attorney General or contained in
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voter registration or voting records held by the
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supervisor of elections or the Department of State are
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exempt from public records requirements; providing for
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retroactive application; providing for future
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legislative review and repeal; providing statements of
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public necessity; providing a contingent effective
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date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 741.465, Florida Statutes, is amended to
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read:
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741.465 Public records exemption for the Address
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Confidentiality Program for Victims of Domestic and Dating
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Violence.—
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(1) For purposes of this section, the term “address” means
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a residential street address, school address, or work address,
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as specified on the individual’s application to be a program
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participant in the Address Confidentiality Program for Victims
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of Domestic and Dating Violence.
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(2) (1) The addresses, corresponding telephone numbers, and
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social security numbers of program participants in the Address
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Confidentiality Program for Victims of Domestic and Dating
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Violence held by the Office of the Attorney General are exempt
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from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution, except the information may be disclosed under the
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following circumstances: to a law enforcement agency for
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purposes of assisting in the execution of a valid arrest
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warrant; if directed by a court order, to a person identified in
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the order; or if the certification has been canceled. For
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purposes of this section, the term “address” means a residential
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street address, school address, or work address, as specified on
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the individual’s application to be a program participant in the
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Address Confidentiality Program for Victims of Domestic
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Violence.
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(3) (2) The names, addresses, and telephone numbers of
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participants in the Address Confidentiality Program for Victims
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of Domestic and Dating Violence contained in voter registration
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and voting records held by the supervisor of elections and the
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Department of State are exempt from s. 119.07(1) and s. 24(a),
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Art. I of the State Constitution, except the information may be
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disclosed under the following circumstances: to a law
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enforcement agency for purposes of assisting in the execution of
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an arrest warrant or, if directed by a court order, to a person
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identified in the order. This exemption applies to information
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made exempt by this subsection before, on, or after the
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effective date of the exemption.
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(4)(a) Subsections (2) and (3) apply to records held by the
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Office of the Attorney General, the Department of State, and
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each supervisor of elections before, on, or after the effective
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date of the exemptions.
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(b) This section is subject to the Open Government Sunset
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Review Act in accordance with s. 119.15 and shall stand repealed
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on October 2, 2031, unless reviewed and saved from repeal
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through reenactment by the Legislature.
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Section 2. (1) The Legislature finds that it is a public
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necessity that the addresses, corresponding telephone numbers,
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and social security numbers of victims of dating violence who
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participate in the Address Confidentiality Program for Victims
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of Domestic and Dating Violence held by the Office of the
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Attorney General be made exempt from s. 119.07(1), Florida
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Statutes, and s. 24(a), Article I of the State Constitution. The
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Legislature recognizes that greater protection is needed for
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victims of dating violence, similar to that currently afforded
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to victims of domestic violence, to prevent harm from assailants
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or probable assailants who are attempting to find them. The
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Legislature finds that release of such information could
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significantly threaten the physical safety and security of
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victims of dating violence who participate in the program and
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that the harm that may result from the release of the
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information outweighs any public benefit that might result from
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public disclosure of the information.
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(2) The Legislature finds that it is a public necessity
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that the names, addresses, and telephone numbers contained in
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voter registration and voting records of victims of dating
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violence who participate in the Address Confidentiality Program
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for Victims of Domestic and Dating Violence held by the
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supervisor of elections and the Department of State be made
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exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
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Article I of the State Constitution. Victims of dating violence
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who are participants in the program will have demonstrated to
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the Office of the Attorney General that there exists a risk to
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their physical safety and security. Nonetheless, these program
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participants must be afforded the ability to participate in
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society and cast a vote in elections. However, the supervisor of
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elections must have a verifiable address for a program
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participant in order to place the participant in the proper
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voting district and to maintain accurate records for compliance
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with state and federal requirements. The public record exemption
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for the name of a victim of dating violence who is a participant
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in the program is a public necessity because access to such name
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narrows the location of that participant to his or her voting
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area. In addition, access to such participant’s address and
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telephone number provides specific location and contact
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information for the participant. Therefore, access to the
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participant’s name, address, and telephone number defeats the
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sole purpose of the Address Confidentiality Program for Victims
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of Domestic and Dating Violence, which is to provide safety and
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security to every participant.
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Section 3. This act shall take effect on the same date that
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SB 296 or similar legislation takes effect, if such legislation
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is adopted in the same legislative session or an extension
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thereof and becomes a law.