Clarifies definitions, eligibility, application and documentation requirements and processes for victims of domestic violence and stalking to participate in the Address Confidentiality Program, as well as the role of the program assistants assisting ...

DEPARTMENT OF LEGAL AFFAIRS
Division of Victim Services and Criminal Justice Programs

Rule No.: RULE TITLE
2A-7.001: Definitions
2A-7.002: Application and Certification Process
2A-7.0021: Eligibility
2A-7.0022: Application Process
2A-7.0023: Participant Responsibilities
2A-7.0024: Applicant Assistant Duties and Responsibilities
2A-7.003: Responsibility of State and Local Agencies and Governmental Entities
2A-7.004: Certification Renewal
2A-7.005: Certification Withdrawal, Invalidation, Expiration, and Termination
2A-7.006: Information Release to Law Enforcement Agency
2A-7.007: Agency Use of Designated Address and Agency Exemption Request
2A-7.008: Service of Process
2A-7.009: Maintaining Protected Records Voter Information
PURPOSE AND EFFECT: Clarifies definitions, eligibility, application and documentation requirements and processes for victims of domestic violence and stalking to participate in the Address Confidentiality Program, as well as the role of the program assistants assisting the victims in the enrollment process.
SUMMARY: This rule provides the definitions, eligibility, application and documentation requirements and processes for victims of domestic violence and stalking to participate in the Address Confidentiality Program, as well as the role of the program assistants assisting the victims in the enrollment process.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 741.409 FS.
LAW IMPLEMENTED: 741.401, 741.402, 741.403, 741.404, 741.405, 741.406, 741.407, 741.408, 741.409, 741.465, 97.0585(3) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Christina Harris, Chief of Advocacy and Grants Management, Department of Legal Affairs, PL-01, The Capitol, Tallahassee, Florida 32399-1050; [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

2A-7.001 Definitions.

(1) “Address Confidentiality Program” is the statutorily created program responsible for implementing the provisions of Sections 741.401-.409, F.S., within the Office of the Attorney General.

(2) “Agency or Governmental Entity” means an office, department, division, bureau, board, commission, or other statutory unit of state or local government or any functional subdivision of the aforementioned that agency.

(3) “Applicant” means a person who is applying for participation in the Address Confidentiality Program. An applicant may be primary (the victim) or secondary (minor).

(4)(3) “Applicant Application Assistant” means an employee of a state or local agency, or a non-profit organization program that provides counseling, referral, shelter, or other services to victims of domestic violence, that has been selected by the respective agency and designated by the department Attorney General to assist individuals in applying for enrollment in the program the completion of program participation applications.

(5) “Authorization code” is the identification number assigned to a participant.

(6)(4) “Authorized personnel” means an employee of the Department of State, Division of Elections Attorney General, or, or Supervisor of Elections, who has been designated by the chief executive officer of the respective agency to process and have access to voter application and voting records pertaining to program participants.

(7) “Department” means the Department of Legal Affairs, Office of the Attorney General.

(8)(5) “Protected records voter” means a participant who is registered and qualified to vote in this state and has requested an absentee ballot pursuant to Section 101.62, F.S., and will vote in the same manner as an absentee voter.

(9)(6) “Record” means any information relating to the conduct or performance of a governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.

(10) “Stalking” means an act as defined in Section 784.048, F.S.

(11)(7) “Substitute Subsitute mailing address” means the mailing address designated by the department Attorney General which shall not be the participant’s program residential address as documented on her or his application for program participation.

Rulemaking Specific Authority 741.409 FS. Law Implemented 741.402, 741.403, 741.405, 741.406, 471.408 FS. History–New 1-27-99, Amended_________.

 

2A-7.002 Application and Certification Process.

Rulemaking Specific Authority 741.409 FS. Law Implemented 741.403, 741.408 FS. History–New 1-27-99, Repealed _________.

 

2A-7.0021 Eligibility.

(1) A person who is a victim of domestic violence as defined in Section 741.28, F.S., or stalking as defined in Section 784.048, F.S., is eligible to apply for participation in this program.

(2) A person who is a victim of domestic violence or stalking who relocates to Florida may apply for enrollment and is subject to the same eligibility criteria as Florida residents.

(3) The applicant must possess a current and valid government-issued photo identification card.

(4) If the victim is a minor or has been adjudicated incapacitated under Chapter 744, F.S., a parent or guardian may apply on their behalf, and the government-issued photo identification must be provided for the minor or incapacitated person. If the minor does not have a government-issued photo identification, the government-issued photo identification of the parent or guardian shall be sufficient for purposes of enrolling in the program.

(5) A name change will result in the participant’s cancellation from the program. However, an individual may re-apply by completing an application for enrollment.

(6) The following individuals are not eligible for participation in the program: A person who is:

(a) A “sex offender” under Section 944.607, F.S.;

(b) A “sexual predator” under Section 775.21, F.S.; or

(c) Required to register as a convicted felon under Section 775.13, F.S.

Rulemaking Authority 741.409 FS. Law Implemented 741.403, 741.408, 97.0585 FS. History–New__________.

 

2A-7.0022 Application Process.

(1) A person who wishes to apply or renew her or his participation shall provide the following information to the department:

(a) Applicant’s full legal name,

(b) Gender,

(c) Date of birth,

(d) Last four digits of social security number,

(e) Actual home address (street number and name, city, state, zip code),

(f) Mailing address (if different),

(g) Home telephone number,

(h) Work telephone number,

(i) Other telephone number where applicant can be reached,

(j) Name and physical address of employer(s),

(k) School name and physical address if applicable,

(l) An affirmation that the applicant is not

1. A “sex offender” under Section 944.607, F.S.;

2. A “sexual predator” under Section 775.21, F.S.; or

3. Required to register as a convicted felon under Section 775.13, F.S.; and

(m) A signed and dated sworn statement that attests to the following: I certify that I am a victim of (select the appropriate category) domestic violence (as defined in Section 741.28, F.S.) or stalking (as defined in Section 784.048, F.S.) “I declare under penalty of perjury that the foregoing is true and correct”.

(2) The applicant must produce a current and valid government-issued photo identification, a copy of which must be forwarded with the application to the department. If the minor applicant does not have a government-issued identification, the adult applicant must provider her or his own current and valid government-issued identification and certify that she or he is the parent or guardian of the minor.

(3) When an application is received and the government-issued photo identification is not provided, the applicant may be granted a conditional certification, pending receipt of the photocopy of the government-issued photo identification. If a copy of the government-issued photo identification is not received by the department within 30 calendar days after the date the application is signed by the applicant, the conditional certification will be cancelled and the applicant must submit a new application for participation in the program.

(4) An application for enrollment may be obtained from an applicant assistant at selected state or local agencies or non-profit organizations that have been designated by the department to assist in the application process.

(5) The application must be received by the department at the following address: Office of the Attorney General, Address Confidentiality Program, P. O. Box 6298, Tallahassee, Florida 32314-6298.

(6) An eligible applicant who has filed a properly completed application with the department shall be certified as a participant. Upon certification, each participant will be issued an authorization card, which will include the following:

(a) Participant’s name,

(b) Authorization code,

(c) Substitute mailing address, and

(d) Expiration date.

(7) Certification shall be effective on the date the application is approved by the department.

(8) The department will forward first class, certified, and express mail to the participant at the address of record. Any magazines, periodicals, catalogs, packages, advertisements, and other postal materials received by the department will be returned to the United States Postal Service.

(9) Mail received by the department that does not include the name and authorization code of a certified participant may not be able to be forwarded.

(10) If mail forwarded by the department to the participant is returned by the post office, the department will attempt to contact the participant by telephone to verify the address. If contact is not successful within seven days, the participant’s certification will be cancelled and the mail will be returned to the United States Postal Service.

Rulemaking Authority 741.409 FS. Law Implemented 741.403, 741.408, 97.0585 FS. History–New________.

 

2A-7.0023 Participant Responsibilities.

(1) The participant shall keep the department informed of her or his current mailing address. The last known address provided to the department will be the address of record.

(2) To protect her or his address confidentiality and exercise her or his right to vote pursuant to Section 741.406, F.S., the participant must personally go to the physical office of the county supervisor of elections and request to vote by absentee ballot.

Rulemaking Authority 741.409 FS. Law Implemented 741.403, 741.404, 741.406, 97.0585 FS. History–New________.

 

2A-7.0024 Applicant Assistant Duties and Responsibilities.

(1) Only those individuals who are employed with a state or local agency or non-profit organization designated by the department and who have completed the required training may assist a victim in applying for enrollment in the program.

(2) An applicant assistant must complete required training every four years. Required training is available only through the department.

(3) The applicant assistant will forward original and supporting documents to the department within 72 hours of completion along with a photocopy of the government-issued photo identification.

(4) Approval to serve as an applicant assistant is assigned to the individual at a designated state or local agency or non-profit organization and is not transferrable. The applicant assistant serves at the pleasure and on behalf of the department, and may have designation as an applicant assistant terminated with or without cause.

(5) Upon notice to the department by the designated agency that the applicant assistant is no longer employed by that agency, the individual applicant assistant’s approval will be rescinded.

Rulemaking Authority 741.409 FS. Law Implemented 741.403, 741.408, 97.0585 FS. History–New________.

 

2A-7.003 Responsibility of State and Local Agencies and Governmental Entities.

(1) When an active ACP participant presents her or his authorization card to a state or local agency or governmental official when creating a new record and requests address confidentiality through the use of the substitute mailing address as it appears on the authorization card, the agency official creating a new record may make a file photocopy of the authorization card and shall immediately return the authorization card to the program participant.

(2) A state or local agency shall accept the substitute mailing address unless the agency has received a written exemption from the department pursuant to Section 741.405, F.S.

Rulemaking Specific Authority 741.409 FS. Law Implemented 741.405 FS. History–New 1-27-99, Amended_________.

 

2A-7.004 Certification Renewal.

Rulemaking Specific Authority 741.409 FS. Law Implemented 741.403 FS. History–New 1-27-99, Repealed_________

 

2A-7.005 Certification Withdrawal, Invalidation, Expiration, and Cancellation Termination.

(1) A program participant may withdraw from the program participation by submitting to the Address Confidentiality Program written notification of her or his intent to withdraw withdrawal and shall return the department-issued his or her current authorization card to the department. Certification shall be canceled immediately upon terminated on the date of receipt of the this notification.

(2) If the department cancels Attorney General terminates a participant’s certification pursuant to Section 741.404, F.S., the department Address Confidentiality Program shall send written notice of the cancellation termination to the participant’s address of record last known mailing or residential address. The participant shall be advised of the right to appeal the cancellation termination.

(3) Cancellation of certification in the program will result in cancellation for the primary and all secondary participants.

(4)(3) To In order to protest a cancellation termination, the program participant must may request a hearing pursuant to the provisions of Sections 120.569 and 120.57, F.S., and Chapter 28-106, F.A.C., Uniform Rules of Procedure.

(5)(4) If the terminated participant was a protected records voter, the department Address Confidentiality Program shall notify the Department of State, Division Supervisor of Elections that the participant’s certification participant has been canceled terminated from the program.

(6) The substitute mailing address is a post office box that is shared with other participants. The participant is not an authorized boxholder customer and is prohibited from filing a change of address with the United States Postal Service when she or he is no longer a program participant.

Rulemaking Specific Authority 741.409 FS. Law Implemented 741.404 FS. History–New 1-27-99, Amended_________.

 

2A-7.006 Information Release to Law Enforcement Agency.

A request from a law enforcement agency for release of records in a participant’s file shall be made in writing to the department and shall contain the request date, the name of the program participant and a copy of the active arrest warrant.

Rulemaking Specific Authority 741.409 FS. Law Implemented 741.407 FS. History–New 1-27-99, Amended_________.

 

2A-7.007 Agency Use of Designated Address and Agency Exemption Request.

An A state or local agency seeking requesting an exemption under Section 741.405, F.S., must provide in writing to the department Attorney General, identification of the specific statute or administrative rule which demonstrates the agency’s bona fide requirement and authority to for the use of the participant’s actual address of an individual and the information required pursuant to Section 741.405, F.S.

Rulemaking Specific Authority 741.409 FS. Law Implemented 741.405 FS. History–New 1-27-99, Amended_________.

 

2A-7.008 Service of Process.

(1) Service of process for program participants shall be made on the department Office of the Attorney General, Address Confidentiality Program by mailing two copies of the service of process documents to the substitute mailing address or by service on the Address Confidentiality Program to the Office of the Attorney General, The Capitol, PL-01, Tallahassee, Florida 32399-1050.

(2) Following service on the department, a copy of the documents shall be sent by certified mail, return receipt requested, to the program participant’s address of record current mailing address shown on the records.

(3) In the event the participant’s certification has expired or has been cancelled, the service of process will be returned to sender and service declined.

Rulemaking Specific Authority 741.409 FS. Law Implemented 741.403 FS. History–New 1-27-99, Amended_________.

 

2A-7.009 Maintaining Protected Records Voter Information.

(1) The Department of State, Division Supervisor of Elections, shall notify the department Attorney General when a an Address Confidentiality participant requests protected record status.

(2) All records pertaining to a protected records voter shall be maintained in a manner ensuring that these records are accessible only to authorized personnel. A protected records voter shall not be included in any registered voter list, absentee ballot list, tape, label, or poll book, electronic or otherwise, that is available to the public. Information pertaining to a protected records voter shall not be publicly accessible regardless of the type of records management system except as provided by Sections 741.407 and 741.465, F.S.

Rulemaking Specific Authority 741.409 FS. Law Implemented 741.407, 741.465, 97.0585 FS. History–New 1-27-99, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Christina Harris
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Attorney General Bill McCollum
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 8, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 30, 2010