Bill Text: FL S0278 | 2018 | Regular Session | Comm Sub

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Bill Title: Public Records/Department of State

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2018-02-08 - Laid on Table, refer to CS/HB 87 [S0278 Detail]

Download: Florida-2018-S0278-Comm_Sub.html

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       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.