Senate Bill sb3006c1

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    Florida Senate - 2004                           CS for SB 3006

    By the Committee on Ethics and Elections; and Senator Cowin





    313-2470-04

  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         106.0706, F.S.; creating an exemption from

  4         public-records requirements for user

  5         identification, passwords, and similar data

  6         used in making electronic filings of campaign

  7         finance reports and for preliminary information

  8         stored in the electronic filing system and

  9         related to a filing that has not yet been

10         submitted as a filed report; providing for

11         future legislative review and repeal; providing

12         findings of public necessity; providing an

13         effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Section 106.0706, Florida Statutes, is

18  created to read:

19         106.0706  Electronic filing of campaign finance

20  reports; confidentiality of information and draft

21  reports.--All user identifications, passwords, and other

22  identifying information used by the Department of State for

23  limiting access to the electronic filing system for campaign

24  finance reports established under s. 106.0705 to authorized

25  users of the system are confidential and exempt from s.

26  119.07(1) and s. 24(a), Art. I of the State Constitution. In

27  addition, all records, reports, and files stored in the

28  electronic filing system related to a filing pursuant to s.

29  106.0705 are exempt from public inspection until such time as

30  the report has been submitted as a filed report. This section

31  is subject to the Open Government Sunset Review Act of 1995 in

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    Florida Senate - 2004                           CS for SB 3006
    313-2470-04




 1  accordance with s. 119.15 and shall stand repealed on October

 2  2, 2009, unless reviewed and saved from repeal through

 3  reenactment by the Legislature.

 4         Section 2.  (1)  The Legislature finds that it is a

 5  public necessity to exempt from public records requirements

 6  all identification and information required to maintain the

 7  security of information filed or received through the

 8  electronic filing system for campaign finance reports

 9  established under section 106.0705, Florida Statutes, as

10  created in Senate Bill 3004 or similar legislation. The

11  public-records exemption is necessary to ensure accountability

12  for the filing of false or inaccurate information. Under

13  current law, certain individuals, typically the candidate and

14  campaign treasurer or the chair of a committee or group and

15  its treasurer, must certify and bear responsibility for the

16  correctness of each campaign finance report filed with the

17  Division of Elections under pain of personal criminal

18  prosecution or administrative fine. The law uses the physical

19  signatures of such individuals on the paper campaign finance

20  reports as evidence of attestation to the veracity of the

21  report. Electronic reporting eliminates the evidentiary

22  advantages of hard-copy signatures by persons submitting

23  reports, so the provisions of law creating the electronic

24  filing system in Senate Bill 3004 or similar legislation

25  provide for the issuance of secure "sign-on" information to

26  the individuals designated, and provides that such individuals

27  are responsible for all filing using such "sign-on"

28  credentials unless they have notified the division that their

29  credentials have been compromised. Without a public-records

30  exemption for this information, there would be no

31  accountability for campaign finance reporting.

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    Florida Senate - 2004                           CS for SB 3006
    313-2470-04




 1         (2)  In addition, the public-records exemption is

 2  necessary to protect against the unwarranted submission of

 3  false or erroneous campaign finance data. Limiting access to

 4  the electronic filing system will prevent unauthorized users

 5  from changing or submitting false or inaccurate information

 6  that could be damaging to the reporting individual or group

 7  and result in charges being brought against the individuals

 8  accountable by statute for the veracity of the information.

 9         (3)  The Legislature also finds that it is a public

10  necessity to exempt from public records all records, reports,

11  and files created from information entered into the electronic

12  filing system by individuals and groups subject to electronic

13  campaign finance reporting requirements until such time as a

14  final report is due pursuant to law. It is anticipated that

15  best practices would encourage periodic and timely updates to

16  the draft report throughout the covered reporting period and

17  this exemption would allow reporting individuals and groups

18  adequate time to enter all the information. Campaign finance

19  reports can contain hundreds or even thousands of individual

20  entries for items such as dates, names, amounts of

21  contributions, and expenditures. It is simply not

22  technologically or practically feasible to require all this

23  information to be manually input on the designated statutory

24  due date. The public-records exemption will allow reporting

25  individuals and groups to update the information in their

26  draft reports throughout the reporting period and subject the

27  reports to internal audits to check for errors prior to

28  submission. The updated report for the entire reporting period

29  can then be submitted as required by law.

30         (4)  The public-records exemption is also essential

31  because it protects reporting individuals and groups from

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    Florida Senate - 2004                           CS for SB 3006
    313-2470-04




 1  exposing their campaign finance strategies to opponents who

 2  could use the reported information to their advantage. For

 3  example, a large inflow of contributions to a candidate's

 4  campaign during a reporting period could indicate that the

 5  candidate is positioning himself or herself for a large media

 6  buy to run political advertisements. An opponent of the

 7  candidate could frustrate this intention by purchasing

 8  desirable media slots first.

 9         (5)  Finally, this public-records exemption, as

10  written, will actually accelerate the public's access to this

11  information compared with current law, which allows for the

12  filing of paper reports by mail on the designated due date and

13  results in both mailing and data entry delays in processing

14  the information to the Internet. Under current law, in many

15  cases, crucial campaign finance information contained in

16  reports due on the 4th day before an election is never

17  disclosed to the public until after the election is over. The

18  electronic campaign filing system, with the public-records

19  exemption in place, will eliminate these delays and provide

20  this crucial data to the electorate before election day.

21         Section 3.  This act shall take effect upon becoming a

22  law if CS for Senate Bill 3004, or similar legislation

23  creating section 106.0705, Florida Statutes, to provide for

24  electronic filing of campaign treasurer's reports, is adopted

25  in the same legislative session or an extension thereof and

26  becomes law.

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    Florida Senate - 2004                           CS for SB 3006
    313-2470-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 3006

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 4  The committee substitute differs from the original bill in
    that it contains a much more detailed Statement of Public
 5  Necessity.

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