The rule amendments are intended to clarify definitions, eligibility, application and documentation requirements for victims of domestic violence and stalking to participate in the Address Confidentiality Program, as well as the role of the program ...  

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    DEPARTMENT OF LEGAL AFFAIRS

    Division of Victim Services and Criminal Justice Programs

    RULE NO.: RULE TITLE:

    2A-7.001Definitions

    2A-7.0023 Participant Responsibilities

    2A-7.0024 Applicant Assistant Duties and Responsibilities

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

    2A-7.009  Maintaining Protected Records Voter Information

    PURPOSE AND EFFECT: The rule amendments are intended to clarify definitions, eligibility, application and documentation requirements 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: The proposed rule amendments will clarify definitions and statutory requirements for victims of domestic violence and stalking to participate in the Address Confidentiality Program.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

    The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

    The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule the Department, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Cost (SERC) was not necessary and that these rule amendments will not require ratification by the Legislature. This proposed rulemaking will not have an adverse impact or effect regulatory costs in excess of $1 million within five years as established in Sections 120.541(2)(a)1., 2., and 3., F.S.

    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.

    RULEMAKING AUTHORITY: 741.409 FS.

    LAW IMPLEMENTED: 741.402, 741.403, 741.404, 741.405, 741.406, 741.408, 741.465, 741.4651 FS.

    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Christina Harris, Chief, Bureau of Advocacy and Grants Management, Department of Legal Affairs, PL-01, The Capitol, Tallahassee, Florida 32399-1050; 850-414-3300

     

    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-.4651.409, F.S., within the Office of the Attorney General.

    (2) through (8) No change.

    (9) “Protected records voter” means a program participant who is registered and qualified to vote in this state and has requested a vote-by-mail an absentee ballot pursuant to Section 101.62, F.S.

    (10) through (12) No change.

    Rulemaking Authority 741.409 FS. Law Implemented 741.402, 741.403, 741.404, 741.405, 741.406, 741.408 471.408, 741.465, 741.4651 FS. History–New 1-27-99, Amended 5-4-11, 10-3-11, ________.

    2A-7.0023 Participant Responsibilities.

    (1) No change.

    (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 main physical office of the county supervisor of elections and request a vote-by-mail to vote by absentee ballot.

    Rulemaking Authority 741.409 FS. Law Implemented 97.0585, 741.403, 741.404, 741.406 FS. History–New 5-4-11, Amended, _______.

    2A-7.0024 Applicant Assistant Duties and Responsibilities.

    (1) through (2) No change.

    (3) The applicant assistant will verify the applicant’s identity and forward original and supporting documents to the department within 72 hours of completion.

    (4) through (5) No change.

    Rulemaking Authority 741.409 FS. Law Implemented 97.0585, 741.403, 741.408 FS. History–New 5-4-11, Amended,_________.

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

    (1) through (3) No change.

    (4) To to protest a cancellation, the participant must 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) through (6) No change.

    Rulemaking Authority 741.409 FS. Law Implemented 741.404 FS. History–New 1-27-99, Amended 5-4-11, ______.

    2A-7.009 Maintaining Protected Records Voter Information.

    (1) No change.

    (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, vote-by-mail 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 Authority 741.409 FS. Law Implemented 97.0585, 741.406.407, 741.465 FS. History–New 1-27-99, Amended 5-4-11, ______.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Christina Harris, Chief, Bureau of Advocacy and Grants Management

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Attorney General Pam Bondi

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 11, 2016

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 5, 2016

     

Document Information

Comments Open:
6/6/2016
Summary:
The proposed rule amendments will clarify definitions and statutory requirements for victims of domestic violence and stalking to participate in the Address Confidentiality Program.
Purpose:
The rule amendments are intended to clarify definitions, eligibility, application and documentation requirements 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.
Rulemaking Authority:
741.409 FS
Law:
741.402, 741.403, 741.404, 741.405, 741.406, 741.408, 741.465, 741.4651 FS
Contact:
Christina Harris, Chief, Bureau of Advocacy and Grants Management, Department of Legal Affairs, PL-01, The Capitol, Tallahassee, Florida 32399-1050; 850-414-3300
Related Rules: (5)
2A-7.001. Definitions
2A-7.0023. Participant Responsibilities
2A-7.0024. Applicant Assistant Duties and Responsibilities
2A-7.005. Certification Withdrawal, Invalidation, Expiration, and Cancellation
2A-7.009. Maintaining Protected Records Voter Information