(1) A program participant may request that state and local agencies or other governmental entities use the address designated by the Attorney General as his or her address. When creating a new public record, state and local agencies or other governmental entities shall accept the address designated by the Attorney General as a program participant’s substitute address, unless the Attorney General has determined that:
(a) The agency or entity has a bona fide statutory or administrative requirement for the use of the address that would otherwise be confidential under ss. 741.401-741.409;
(b) This address will be used only for those statutory and administrative purposes;
(c) The agency or entity has identified the specific program participant’s record for which the waiver is requested;
(d) The agency or entity has identified the individuals who will have access to the record; and
(e) The agency or entity has explained how its acceptance of a substitute address will prevent the agency from meeting its obligations under the law and why it cannot meet its statutory or administrative obligation by a change in its internal procedures.
(2) During the review, evaluation, and appeal of an agency’s request, the agency shall accept the use of a program participant’s substitute address.
(3) The Attorney General’s determination to grant or withhold a requested waiver must be based on, but not limited to, an evaluation of information provided under subsection (1).
(4) If the Attorney General determines that an agency or entity has a bona fide statutory or administrative need for the actual address and that the information will be used only for that purpose, the Attorney General may issue the actual address to the agency or entity. When granting a waiver, the Attorney General shall notify and require the agency or entity to:
(a) Maintain the confidentiality of a program participant’s address information;
(b) Limit the use of and access to that address;
(c) Designate an address disposition date after which the agency or entity may no longer maintain the record of the address; and
(d) Comply with any other provisions and qualifications determined appropriate by the Attorney General.
(5) The Attorney General’s denial of an agency’s or entity’s waiver request must be made in writing and include a statement of specific reasons for denial. Acceptance or denial of an agency’s or entity’s waiver request shall constitute final agency action.
(6) Pursuant to chapter 120, an agency or entity may appeal the denial of its request.
(7) A program participant may use the address designated by the Attorney General as his or her work address.
(8) The Office of the Attorney General shall forward all first-class mail to the appropriate program participants at no charge.
History.—s. 5, ch. 98-404.
Structure Florida Statutes
Title XLIII - Domestic Relations
Chapter 741 - Marriage; Domestic Violence
741.01 - County Court Judge or Clerk of the Circuit Court to Issue Marriage License; Fee.
741.011 - Installment Payments.
741.0305 - Marriage Fee Reduction for Completion of Premarital Preparation Course.
741.0306 - Creation of a Family Law Handbook.
741.04 - Issuance of Marriage License.
741.041 - Marriage License Application Valid for 60 Days.
741.05 - Penalty for Violation of S. 741.03 or S. 741.04(2).
741.07 - Persons Authorized to Solemnize Matrimony.
741.08 - Marriage Not to Be Solemnized Without a License.
741.09 - Record of License and Certificate.
741.10 - Proof of Marriage Where No Certificate Available.
741.21 - Incestuous Marriages Prohibited.
741.211 - Common-Law Marriages Void.
741.212 - Marriages Between Persons of the Same Sex.
741.23 - Husband Not Liable for Wife’s Torts.
741.235 - Doctrine of Interspousal Tort Immunity Abrogated.
741.24 - Civil Action Against Parents; Willful Destruction or Theft of Property by Minor.
741.28 - Domestic Violence; Definitions.
741.281 - Court to Order Batterers’ Intervention Program Attendance.
741.283 - Minimum Term of Imprisonment for Domestic Violence.
741.2902 - Domestic Violence; Legislative Intent With Respect to Judiciary’s Role.
741.31 - Violation of an Injunction for Protection Against Domestic Violence.
741.313 - Unlawful Action Against Employees Seeking Protection.
741.315 - Recognition of Foreign Protection Orders.
741.316 - Domestic Violence Fatality Review Teams; Definition; Membership; Duties.
741.3165 - Certain Information Exempt From Disclosure.
741.32 - Batterers’ Intervention Programs.
741.325 - Requirements for Batterers’ Intervention Programs.
741.327 - Certification and Monitoring of Batterers’ Intervention Programs; Rules.
741.401 - Legislative Findings; Purpose.
741.402 - Definitions; Ss. 741.401-741.409.
741.403 - Address Confidentiality Program; Application; Certification.
741.404 - Certification Cancellation.
741.405 - Agency Use of Designated Address.
741.406 - Voting by Program Participant; Use of Designated Address by Supervisor of Elections.
741.408 - Assistance for Program Applicants.
741.4651 - Public Records Exemption; Victims of Stalking or Aggravated Stalking.