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   30  with s. 119.15 and shall stand repealed on October 2, 2023,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.