Stalking

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

Rule No.: RULE TITLE
2AER10-1: Stalking
SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: The Legislature found that it was a public necessity to exempt from public disclosure the names, addresses, and telephone numbers of victims of stalking or aggravated stalking and legislated that these victims be included in the Address Confidentiality Program. These emergency rules address that exemption and make changes that allow inclusion of these victims in the Address Confidentiality Program.
REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: Current rules do not include victims of stalking or aggravated stalking as mandated by the 2010 Legislature. Although the agency is addressing the issue through traditional rulemaking, the health, safety and welfare of these victims is of immediate concern. The legislation became effective May 26, 2010.
SUMMARY: Provides procedures and requirements for victims of stalking to participate in the Address Confidentiality Program under Sections 741.401-.465, Florida Statutes.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Christina Harris, Chief, Bureau of Advocacy and Grants Management, Department of Legal Affairs, PL-01 The Capitol, Tallahassee, FL 32399-1050

THE FULL TEXT OF THE EMERGENCY RULE IS:

2AER10-1 Stalking.

(1) Definitions:

(a) “Applicant” means a person who is applying for participation in the Address Confidentiality Program.

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

(2) Any person who is a victim of stalking as defined in Section 784.048, F.S., may apply for participation in the program.

(3) The following information for each applicant must be submitted to the department:

(a) Name,

(b) Gender,

(c) Date of birth,

(d) Last four digits of social security number,

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

(f) Mailing address (if different),

(g) Home telephone number,

(h) Work telephone number,

(i) Cell telephone number,

(j) Work address,

(k) School address,

(l) Signature, and

(m) Date signed.

(4) If the applicant is a minor, the parent or guardian must sign and date the application.

(5) Any person who applies for participation in the program must produce a 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 parent or guardian must certify that he or she is the parent or guardian of the minor.

(6) 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 the required documentation 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 revoked and the applicant will need to reapply pursuant to subsection (3) above in order to be considered for acceptance into the program.

(7) Any person who meets the criteria for participation in the program must abide by all provisions of Sections 741.401-.465 and 97.0585, F.S.

(8) A victim of stalking seeking program participation shall attest to the following: “I certify that I am a victim of stalking as defined in Section 784.048, F.S. I declare under penalty of perjury that the foregoing is true and correct.”

(9) Upon acceptance, each participant will be issued an authorization code and an authorization card, which will include the following:

(a) Participant’s name,

(b) Authorization code,

(c) Substitute mailing address, and

(d) Certification expiration date.

(10) The participant’s authorization code shall be included in the address for all participants’ mail that is received by the department. Any mail received by the department that does not include the participant’s authorization code may not be able to be forwarded.

(11) It is the participant’s responsibility to 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.

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

Rulemaking Authority 741.401-.465 FS. Law Implemented 741.401-.465 FS. History–New 8-9-10.

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.
EFFECTIVE DATE: August 9, 2010