Florida Senate - 2023                                     SB 946
       
       
        
       By Senator Grall
       
       
       
       
       
       29-01981-23                                            2023946__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 15.16,
    3         F.S.; providing an exemption from public records
    4         requirements for e-mail addresses and secure login
    5         credentials held by the Department of State relating
    6         to electronically filed records; defining the term
    7         “secure login credentials”; providing retroactive
    8         applicability; providing for future legislative review
    9         and repeal of the exemptions; providing a statement of
   10         public necessity; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (3) of section 15.16, Florida
   15  Statutes, as amended by chapter 2022-190, Laws of Florida, is
   16  amended to read:
   17         15.16 Reproduction of records; admissibility in evidence;
   18  electronic receipt and transmission of records; certification;
   19  acknowledgment.—
   20         (3)(a) The Department of State may cause to be received
   21  electronically any records that are required or authorized to be
   22  filed with it pursuant to chapter 48, chapter 55, chapter 117,
   23  chapter 118, chapter 495, chapter 605, chapter 606, chapter 607,
   24  chapter 610, chapter 617, chapter 620, chapter 621, chapter 679,
   25  chapter 713, or chapter 865, through facsimile or other
   26  electronic transfers, for the purpose of filing such records.
   27  The originals of all such electronically transmitted records
   28  must be executed in the manner provided in paragraph (5)(b). The
   29  receipt of such electronic transfer constitutes delivery to the
   30  department as required by law. The department may use electronic
   31  transmissions for purposes of notice in the administration of
   32  chapters 48, 55, 117, 118, 495, 605, 606, 607, 610, 617, 620,
   33  621, 679, and 713 and s. 865.09. The Department of State may
   34  collect e-mail addresses for purposes of notice and
   35  communication in the performance of its duties and may require
   36  filers and registrants to furnish such e-mail addresses when
   37  presenting documents for filing.
   38         (b)1. E-mail addresses collected by the Department of State
   39  pursuant to this subsection are exempt from s. 119.07(1) and s.
   40  24(a), Art. I of the State Constitution. This exemption applies
   41  retroactively.
   42         2. Secure login credentials held by the Department of State
   43  for the purpose of allowing a person to electronically file
   44  records under this subsection are exempt from s. 119.07(1) and
   45  s. 24(a), Art. I of the State Constitution. This exemption
   46  applies to secure login credentials held by the Department of
   47  State before, on, or after the effective date of the exemption.
   48  For purposes of this subparagraph, the term “secure login
   49  credentials” means information held by the department for
   50  purposes of authenticating a user logging into a user account on
   51  a computer, a computer system, a computer network, or an
   52  electronic device; an online user account accessible over the
   53  Internet, whether through a mobile device, a website, or any
   54  other electronic means; or information used for authentication
   55  or password recovery.
   56         3. This paragraph is subject to the Open Government Sunset
   57  Review Act in accordance with s. 119.15 and shall stand repealed
   58  on October 2, 2028, unless reviewed and saved from repeal
   59  through reenactment by the Legislature.
   60         Section 2. The Legislature finds that it is a public
   61  necessity that all e-mail addresses and secure login credentials
   62  held by the Department of State relating to electronically filed
   63  records be exempt from public records requirements. The
   64  Legislature finds that the unintentional publication of such
   65  information may subject the filer to identity theft, financial
   66  harm, or other adverse impacts. Without the public records
   67  exemption, the effective and efficient administration of the
   68  electronic filing system, which is otherwise designed to
   69  increase the ease of filing records, would be hindered. For
   70  these reasons, the Legislature finds that it is a public
   71  necessity to exempt such information from public records
   72  requirements.
   73         Section 3. This act shall take effect upon becoming a law.