Florida Senate - 2018 SB 278 By Senator Hutson 7-00464-18 2018278__ 1 A bill to be entitled 2 An act relating to public records; amending s. 98.075, 3 F.S.; providing an exemption from public records 4 requirements for certain information received by the 5 Department of State from another state which is 6 confidential or exempt pursuant to the laws of that 7 state; providing for release of such information to 8 specified persons; providing for future legislative 9 review and repeal of the exemption; providing a 10 statement of public necessity; providing a contingent 11 effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraph (c) is added to subsection (2) of 16 section 98.075, Florida Statutes, as amended by SB __, 2018 17 Regular Session, to read: 18 98.075 Registration records maintenance activities; 19 ineligibility determinations.— 20 (2) DUPLICATE REGISTRATION.- 21 (c) Information received by the department from another 22 state, pursuant to an interstate agreement or upon the 23 department becoming a member of a nongovernmental entity as 24 provided in subparagraph (b)1., which is confidential or exempt 25 pursuant to the laws of that state, is exempt from s. 119.071(1) 26 and s. 24(a), Art. I of the State Constitution. The department 27 shall provide such information to the supervisors to conduct 28 registration list maintenance activities. This paragraph is 29 subject to the Open Government Sunset Review Act in accordance 30 with s. 119.15 and shall stand repealed on October 2, 2023, 31 unless reviewed and saved from repeal through reenactment by the 32 Legislature. 33 Section 2. The Legislature finds that it is a public 34 necessity that information received by the Department of State 35 from another state, pursuant to an interstate agreement entered 36 into under s. 98.075(2)(b), Florida Statutes, or pursuant to its 37 membership in a nongovernmental entity as provided in s. 38 98.075(2)(b), Florida Statutes, which is confidential or exempt 39 pursuant to the laws of that state, be made exempt from s. 40 119.07(1), Florida Statutes, and s. 24(a), Article I of the 41 State Constitution. Participating in interstate agreements or 42 becoming a member of a nongovernmental entity for the purpose of 43 sharing and exchanging information to verify voter registration 44 information is critical to ensuring the accuracy of the 45 statewide voter registration system. Maintaining an accurate 46 statewide voter registration system is critical to fair 47 elections in this state. Without the public records exemption, 48 the department will be unable to receive information from other 49 states which might otherwise be confidential or exempt pursuant 50 to the laws of those states, which would impair the ability of 51 the department and supervisors of elections to maintain accurate 52 voter rolls. As a result, the effective and efficient 53 administration of the statewide voter registration system would 54 be hindered. For these reasons, the Legislature finds that it is 55 a public necessity to maintain the exempt status of such 56 information received by the department. 57 Section 3. This act shall take effect on the same date that 58 SB __ or similar legislation takes effect, if such legislation 59 is adopted in the same legislative session or an extension 60 thereof and becomes a law.