Florida Senate - 2017                             CS for SB 1072
       
       
        
       By the Committee on Ethics and Elections; and Senator Hutson
       
       
       
       
       
       582-03403-17                                          20171072c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 98.075,
    3         F.S.; creating a public records exemption for certain
    4         information received by the Department of State
    5         through an interstate agreement from another state
    6         which is confidential or exempt pursuant to the laws
    7         of that state; providing for future legislative review
    8         and repeal of the exemption; providing a statement of
    9         public necessity; providing a contingent effective
   10         date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (b) of subsection (2) of section
   15  98.075, Florida Statutes, as created by CS/SB 1070, 2017 Regular
   16  Session, is amended to read:
   17         98.075 Registration records maintenance activities;
   18  ineligibility determinations.—
   19         (2) DUPLICATE REGISTRATION.—
   20         (b)1. The department may enter into interstate agreements
   21  or become a member of a nongovernmental entity whose membership
   22  is composed solely of state government election officials if the
   23  sole purpose of the agreement or membership is to share and
   24  exchange information in order to verify voter registration
   25  information. If the department intends to become a member of
   26  such a nongovernmental entity, the agreement to join the entity
   27  must require that the Secretary of State, or his or her
   28  designee, serve as a full member with voting rights on the
   29  nongovernmental entity’s board of directors. The department
   30  shall provide information it receives as a result of the
   31  agreements or memberships to the supervisors to conduct
   32  registration list maintenance activities.
   33         2. If the department enters into an interstate agreement or
   34  becomes a member of a nongovernmental entity pursuant to
   35  subparagraph 1., each state that is a participant in the
   36  agreement or a member of the nongovernmental entity must agree
   37  to maintain the confidentiality of personal information as
   38  required by the laws of the state supplying the information to
   39  the entity or participating states. The bylaws of a
   40  nongovernmental entity must also contain a provision requiring
   41  member states and the entity to maintain the confidentiality of
   42  personal information as required by the laws of the state
   43  supplying the information to the entity.
   44         3. The department may only participate in an interstate
   45  agreement or become a member of a nongovernmental entity as
   46  provided in subparagraph 1. if the agreement or entity is
   47  controlled and operated by the participating states. The
   48  interstate agreement or entity may not be operated or controlled
   49  by the Federal Government or any other entity acting on behalf
   50  of the Federal Government. The department must be able to
   51  withdraw at any time from any interstate agreement or membership
   52  entered into.
   53         4. If the department enters into an interstate agreement or
   54  becomes a member of a nongovernmental entity as provided in
   55  subparagraph 1., the department must submit a report to the
   56  Governor, the President of the Senate, and the Speaker of the
   57  House of Representatives by December 1 of each year. The report
   58  must describe the agreement or membership and provide
   59  information on the total number of voters removed from the voter
   60  registration system as a result of the agreement or membership
   61  and the reasons for their removal.
   62         5. Information received by the department, pursuant to an
   63  interstate agreement, from another state which is confidential
   64  or exempt pursuant to the laws of that state, is exempt from s.
   65  119.07(1) and s. 24(a), Art. I of the State Constitution. This
   66  subparagraph is subject to the Open Government Sunset Review Act
   67  in accordance with s. 119.15 and shall stand repealed on October
   68  2, 2022, unless reviewed and saved from repeal through
   69  reenactment by the Legislature.
   70         Section 2. The Legislature finds that it is a public
   71  necessity that information received by the Department of State,
   72  pursuant to an interstate agreement entered into under s.
   73  98.075(2)(b), Florida Statutes, from another state which is
   74  confidential or exempt pursuant to the laws of that state be
   75  made exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   76  Article I of the State Constitution. Participating in interstate
   77  agreements to share and exchange information with other states
   78  in order to verify voter registration information is critical to
   79  ensuring the accuracy of the statewide voter registration
   80  system. Maintaining an accurate statewide voter registration
   81  system is critical to fair elections in this state. Without the
   82  public records exemption, the department will be unable to
   83  receive information from other states that might otherwise be
   84  confidential or exempt pursuant to the laws of those states,
   85  which would impair the ability of the department and supervisors
   86  of elections to maintain accurate voter rolls. As a result, the
   87  effective and efficient administration of the statewide voter
   88  registration system would be hindered.
   89         Section 3. This act shall take effect on the same date that
   90  CS/SB 1070 or similar legislation takes effect, if such
   91  legislation is adopted in the same legislative session or an
   92  extension thereof and becomes a law.