Florida Senate - 2019                             CS for SB 7042
       By the Committees on Governmental Oversight and Accountability;
       and Ethics and Elections
       585-03508-19                                          20197042c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         112.31446, F.S.; providing exemptions from public
    4         records requirements for secure login credentials held
    5         by the Commission on Ethics and certain information
    6         entered into the electronic filing system for
    7         financial disclosure forms; specifying conditions
    8         under which such information is no longer exempt;
    9         providing for future legislative review and repeal of
   10         the exemption; providing a statement of public
   11         necessity; providing a contingent effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Subsection (6) is added to section 112.31446,
   16  Florida Statutes, as created by SB 7040, 2019 Regular Session,
   17  to read:
   18         112.31446 Electronic filing system for financial
   19  disclosure.—
   20         (6)(a)All secure login credentials held by the commission
   21  for the purpose of allowing access to the electronic filing
   22  system are exempt from s. 119.07(1) and s. 24(a), Art. I of the
   23  State Constitution.
   24         (b)Information entered in the electronic filing system for
   25  purposes of financial disclosure is exempt from s. 119.07(1) and
   26  s. 24(a), Art. I of the State Constitution. Information entered
   27  in the electronic filing system is no longer exempt once the
   28  disclosure of financial interests or statement of financial
   29  interests is submitted to the commission or, in the case of a
   30  candidate, filed with a qualifying officer, whichever occurs
   31  first.
   32         (c)This subsection is subject to the Open Government
   33  Sunset Review Act in accordance with s. 119.15 and shall stand
   34  repealed on October 2, 2024, unless reviewed and saved from
   35  repeal through reenactment by the Legislature.
   36         Section 2. The Legislature finds that it is a public
   37  necessity that all secure login credentials held by the
   38  Commission on Ethics for the purpose of allowing access to the
   39  electronic filing system for financial disclosures, and
   40  information entered into the system, be exempt from public
   41  records requirements. The Legislature finds that the public’s
   42  need for access to information included in the full and public
   43  disclosures of financial interests or statements of financial
   44  interests filed by reporting individuals be balanced with the
   45  filer’s interest in safeguarding personally sensitive
   46  information. The Legislature further finds that the
   47  unintentional publication of such information may subject the
   48  filer to identity theft, financial harm, or other adverse
   49  impacts. Without the public records exemption, the effective and
   50  efficient administration of the electronic filing system, which
   51  otherwise is designed to increase the ease of filing for
   52  reporting individuals and to improve the public’s access to
   53  financial disclosure information, would be hindered. For these
   54  reasons, the Legislature finds that it is a public necessity to
   55  exempt such information from public records requirements.
   56         Section 3. This act shall take effect on the same date that
   57  SB 7040 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.