Florida/Georgia Personal Injury & Workers Compensation

...unless the Legislature has provided a specific exemption for a particular record. 6 Thus, absent a specific exemption, records made or received by the supervisor of election relating to the transaction of official business are subject to disclosure. Section 97.0585 , Florida Statutes, provides: "(1) All declinations to register to vote made pursuant to ss....

...I of the State Constitution." In Attorney General Opinion 01-07, this office considered whether a voter's and witnesses' signatures on the voter's certificate located on the back of the absentee ballot envelope were confidential and exempt in light of section 97.0585 , Florida Statutes. An examination of the legislative history of the bill creating the section showed that the exemptions afforded by the section relate only to registration records. 7 Thus, this office concluded that the exemption in section 97.0585 , Florida Statutes, does not apply to or exempt voters' and witnesses' signatures on the voter's certificate located on the back of the absentee ballot envelope. 8 Subsequently, this office was asked whether the exemption in section 97.0585 (2), Florida Statutes, applies to a precinct register....

...Thus, any non-exempt record must be available for inspection at reasonable times and under reasonable circumstances and this would apply to records made or received by the supervisor of elections. Recently this office was asked to determine whether the provisions of section 97.0585 (2), Florida Statutes, made certain information on the voter's certificate located on the back of an absentee ballot envelope confidential and exempt from the Public Records Law. In Attorney General's Opinion 2001-07, the county attorney asked whether voters' and witnesses' signatures on these envelopes could be viewed by the media in light of the confidentiality requirement of section 97.0585 , Florida Statutes....

...ision of persons with respect to specified voter registration[.]" 3 A review of the legislative history surrounding enactment of this statute and a reading of the plain language of the statute supported the conclusion that the exemptions afforded by section 97.0585 , Florida Statutes, related only to voter registration records and was not intended to extend to any other records. Thus, it was the opinion of this office that the exemption afforded by section 97.0585 (2), Florida Statutes, referred to voter registration records and did not apply to or exempt the voters' and witness' signatures on the voter's certificate located on the back of the absentee ballot envelope....

...Sincerely, Robert A. Butterworth Attorney General RAB/tgh 1 Section 119.01 (1), Fla. Stat. And see, s. 119.07 (1)(a), Fla. Stat. 2 See , s. 119.01 (1), Fla. Stat., and Art. I ., s. 24 (a), Fla. Const. 3 See , title to Chapter 94-345, Laws of Florida, creating section 97.0585 , Fla....

...Such signature must be witnessed by a witness eighteen years of age or older. 4 In Attorney General Opinion 01-07, this office considered whether a voter's and witnesses' signatures on the voter's certificate located on the back of the absentee ballot envelope were confidential and exempt in light of section 97.0585 , Florida Statutes, which provided for the confidentiality of declinations to register and the place of registration and registration information. An examination of the legislative history of the bill creating the section showed that the exemptions afforded by the section relate only to registration records. Thus, this office concluded that the exemption in section 97.0585 , Florida Statutes, does not apply to, or exempt, voters' and witnesses' signatures on the voter's certificate located on the back of the absentee ballot envelope....

Ms. Emeline C. Acton Hillsborough County Attorney Post Office Box 1110 Tampa, Florida 33601 Dear Ms. Acton: On behalf of the Hillsborough County Supervisor of Elections, you ask substantially the following question: Does section 97.0585 (2), Florida Statutes, make the voters' and witnesses' signatures on the voter's certificate located on the back of the absentee ballot envelope confidential and exempt? In sum: The exemption afforded by section 97.0585 (2), Florida Statutes, refers to voter registration records and does not apply to or exempt the voters' and witnesses' signatures on the voter's certificate located on the back of the absentee ballot envelope....

...on by the custodian of the public record or the custodian's designee." Thus, in the absence of an exemption, records made or received by the supervisor of elections in connection with the transaction of official business are subject to disclosure. 3 Section 97.0585 , Florida Statutes, provides: "(1) All declinations to register to vote made pursuant to ss....

...119.07 (1) and s. 24(a), Art. I of the State Constitution; and a voter's signature, social security number, and telephone number may not be copied and are exempt for that purpose from the provisions of s. 119.07 (1) and s. 24(a), Art. I of the State Constitution." Section 97.0585 , Florida Statutes, was created by Chapter 94-345, Laws of Florida....

...social security numbers, and telephone numbers exempt from copying, will encourage voter registration and remove disincentives to registering to vote." An examination of the legislative history supports the conclusion that the exemptions afforded by section 97.0585 , Florida Statutes, including subsection (2), relate to registration records only....

...ing to vote since this information is of a private and personal nature." 9 Nothing in either the legislative history, statement of public necessity, or title to the legislation indicates an intent by the Legislature to apply the exemption created by section 97.0585 , Florida Statutes, to anything other than voter registration records....

...o be liberally construed in favor of open government while exemptions from disclosure are to be narrowly construed so they are limited to their stated purpose. 11 Accordingly, in light of the above, I am of the opinion that the exemption afforded by section 97.0585 (2), Florida Statutes, refers to voter registration records and does not apply to or exempt the voters' and witnesses' signatures on the voter's certificate located on the back of the absentee ballot envelope. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section 119.01 (1), Fla. Stat. And see , s. 119.07 (1)(a), Fla. Stat. 2 See , Art. I , s. 24 (a), Fla. Const. 3 See, s. 119.011 (1), Fla. Stat., defining "Public record." 4 Section 97.0585 , Fla....

...According to your letter, the Flagler County Elections Office has been requested by a member of the media who is investigating voter fraud to copy the signature of a particular voter contained on the precinct register. In light of the provisions of section 97.0585 (2), Florida Statutes, and section 98.095, Florida Statutes, you ask whether the signature of the voter may be copied from the precinct register at the request of a member of the media....

...the information will be used only for the purposes outlined in the statute and for no other purposes, and that the person subscribing to the oath will not permit the use or copying of such information by persons not authorized by the election code. Section 97.0585 (2), Florida Statutes, provides: "Information relating to the place where a person registered to vote or where a person updated a voter registration is confidential and exempt from the provisions of s....

...119.07 (1) and s. 24(a), Art. I of the State Constitution; and a voter's signature, social security number, and telephone number may not be copied and are exempt for that purpose from the provisions of s. 119.07 (1) and s. 24(a), Art. I of the State Constitution." Section 97.0585 , Florida Statutes, was created by Chapter 94-345, Laws of Florida....

...d will encourage registration and remove disincentives to registering to vote since this information is of a private and personal nature." 7 Based upon the above, this office concluded in Attorney General Opinion 01-07 that the exemption afforded by section 97.0585 (2), Florida Statutes, applied only to voter registration records....

...8 Subsequently in Attorney General Opinion 01-16, this office stated that section 98.095, Florida Statutes, by its terms applies only to voter registration information contained in the county registration books. 9 Your inquiry concerns application of section 97.0585 (2), Florida Statutes, to a precinct register as provided in section 98.461 , Florida Statutes....

...6 House of Representatives Committee on Ethics and Elections Final Bill Analysis Economic Impact Statement, on HB 2321 (as passed by the Legislature, Ch. 94-345, Laws of Florida), dated June 7, 1994. 7 Id . 8 See, Op. Att'y Gen. Fla. 01-07 (2001) (exemption afforded by s. 97.0585 (2), Fla....