2A-7.001: Definitions
2A-7.0021: Eligibility
2A-7.0022: Application Process
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: 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.
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: 741.401, 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 THE 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, (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-.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.
(3) “Applicant” means an adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of a person adjudicated incapacitated under Chapter 744, F.S., who is applying to the department to have an address designated by the department serve as the person’s address or the address of the minor or incapacitated person a person who is applying for participation in the Address Confidentiality Program. An applicant may be primary (the victim) or secondary (minor).
(4) “Applicant Assistant” means an employee of a state or local agency, or a non-profit organization that has been designated by the department to assist individuals in applying for enrollment in the program.
(5) “Authorization code” is the identification number assigned to a participant.
(6) “Authorized personnel” means an employee of the Department of State, Division of Elections, or Supervisor of Elections, who has been designated by the chief executive officer of the respective agency to process and access voter application and voting records pertaining to program participants.
(7) “Department” means the Department of Legal Affairs, Office of the Attorney General.
(8) “Domestic Violence” means an act as defined in Section 741.28, F.S., and includes a threat of such acts committed against an individual in a domestic situation, regardless of whether these acts or threats have been reported to law enforcement officers.
(9)(8) “Protected records voter” means a program participant who is registered and qualified to vote in this state and has requested an absentee ballot pursuant to Section 101.62, F.S.
(10)(9) “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.
(11)(10) “Stalking” means an act as defined in Section 784.048, F.S.
(12)(11) “Substitute mailing address” means the mailing address designated by the department which shall not be the participant’s residential address.
Rulemaking Authority 741.409 FS. Law Implemented 741.402, 741.403, 741.405, 741.406, 471.408 FS. History–New
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
(3) 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.
(4) Participation in this program cannot be used to circumvent or nullify any other
Rulemaking Authority 741.409 FS. Law Implemented 97.058(3), 741.403, 741.404, 741.405, 741.406, 741.409, 741.465, 775.13, 775.21, 784.048, 944.606, 944.607, 944.608. 944.609 FS. History– New
2A-7.0022 Application Process.
(1) The applicant A person who wishes to apply or renew her or his participation shall provide the following information to the department:
(a) Full Applicant’s full legal name,
(b) Date of birth,
(c) Last four digits of social security number,
(d) Actual home address (street number and name, city, state, zip code),
(e) Mailing address (if different),
(f) Home telephone number,
(g) Work telephone number,
(h) Other telephone number where applicant can be reached,
(i) Name and physical address of employer(s),
(j) School name and physical address if applicable,
(k) An affirmation that the applicant is not required to register her or his address with any other public agency under Florida law.
(k)(l) A signed and dated sworn statement by the applicant that he or she has good reason to believe that he or she, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence or stalking, and that the applicant fears for his or her safety or his or her children’s safety or the safety of the minor or incapacitated person on whose behalf the application is made, 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) 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.
(3) The application must be received by the department at the following address: Office of the Attorney General, Address Confidentiality Program,
(4) 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.
(5) Certification shall be effective on the date the application is approved by the department.
(6) 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.
(7) 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 97.058(3), 741.403, 741.404, 741.405, 741.406, 741.409, 741.465, 775.13, 775.21, 784.048, 944.606, 944.607, 944.608. 944.609 FS. History– New