Florida Senate - 2018 CS for SB 278 By the Committee on Governmental Oversight and Accountability; and Senators Hutson and Baxley 585-01790-18 2018278c1 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 or the District 6 of Columbia which is confidential or exempt pursuant 7 to the laws of that jurisdiction; providing for the 8 release of such information to specified persons; 9 providing for future legislative review and repeal of 10 the exemption; providing a statement of public 11 necessity; providing a contingent 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 276, 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 or the District of Columbia upon the department becoming a 23 member of a nongovernmental entity as provided in subparagraph 24 (b)1., which is confidential or exempt pursuant to the laws of 25 that state or the District of Columbia, is exempt from s. 26 119.07(1) and s. 24(a), Art. I of the State Constitution. The 27 department shall provide such information to the supervisors to 28 conduct registration list maintenance activities. This paragraph 29 is subject to the Open Government Sunset Review Act in 30 accordance with s. 119.15 and shall stand repealed on October 2, 31 2023, unless reviewed and saved from repeal through reenactment 32 by the Legislature. 33 Section 2.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 or the District of Columbia pursuant to its 36 membership in a nongovernmental entity as provided in s. 37 98.075(2)(b), Florida Statutes, which is confidential or exempt 38 pursuant to the laws of that state or the District of Columbia, 39 be made exempt from s. 119.07(1), Florida Statutes, and s. 40 24(a), Article I of the State Constitution. Becoming a member of 41 a nongovernmental entity for the purpose of sharing and 42 exchanging information to verify voter registration information 43 is critical to ensuring the accuracy of the statewide voter 44 registration system. Maintaining an accurate statewide voter 45 registration system is critical to fair elections in this state. 46 Without the public records exemption, the department will be 47 unable to receive information from other states or the District 48 of Columbia which might otherwise be confidential or exempt 49 pursuant to the laws of those jurisdictions, which would impair 50 the ability of the department and supervisors of elections to 51 maintain accurate voter rolls. As a result, the effective and 52 efficient administration of the statewide voter registration 53 system would be hindered. For these reasons, the Legislature 54 finds that it is a public necessity to maintain the exempt 55 status of such information received by the department. 56 Section 3. This act shall take effect on the same date that 57 SB 276 or similar legislation takes effect, if such legislation 58 is adopted in the same legislative session or an extension 59 thereof and becomes a law.