Florida Senate - 2017 CS for SB 1072 By the Committee on Ethics and Elections; and Senator Hutson 582-03403-17 20171072c1 1 A bill to be entitled 2 An act relating to public records; amending s. 98.075, 3 F.S.; creating a public records exemption for certain 4 information received by the Department of State 5 through an interstate agreement from another state 6 which is confidential or exempt pursuant to the laws 7 of that state; providing for future legislative review 8 and repeal of the exemption; providing a statement of 9 public necessity; providing a contingent effective 10 date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraph (b) of subsection (2) of section 15 98.075, Florida Statutes, as created by CS/SB 1070, 2017 Regular 16 Session, is amended to read: 17 98.075 Registration records maintenance activities; 18 ineligibility determinations.— 19 (2) DUPLICATE REGISTRATION.— 20 (b)1. The department may enter into interstate agreements 21 or become a member of a nongovernmental entity whose membership 22 is composed solely of state government election officials if the 23 sole purpose of the agreement or membership is to share and 24 exchange information in order to verify voter registration 25 information. If the department intends to become a member of 26 such a nongovernmental entity, the agreement to join the entity 27 must require that the Secretary of State, or his or her 28 designee, serve as a full member with voting rights on the 29 nongovernmental entity’s board of directors. The department 30 shall provide information it receives as a result of the 31 agreements or memberships to the supervisors to conduct 32 registration list maintenance activities. 33 2. If the department enters into an interstate agreement or 34 becomes a member of a nongovernmental entity pursuant to 35 subparagraph 1., each state that is a participant in the 36 agreement or a member of the nongovernmental entity must agree 37 to maintain the confidentiality of personal information as 38 required by the laws of the state supplying the information to 39 the entity or participating states. The bylaws of a 40 nongovernmental entity must also contain a provision requiring 41 member states and the entity to maintain the confidentiality of 42 personal information as required by the laws of the state 43 supplying the information to the entity. 44 3. The department may only participate in an interstate 45 agreement or become a member of a nongovernmental entity as 46 provided in subparagraph 1. if the agreement or entity is 47 controlled and operated by the participating states. The 48 interstate agreement or entity may not be operated or controlled 49 by the Federal Government or any other entity acting on behalf 50 of the Federal Government. The department must be able to 51 withdraw at any time from any interstate agreement or membership 52 entered into. 53 4. If the department enters into an interstate agreement or 54 becomes a member of a nongovernmental entity as provided in 55 subparagraph 1., the department must submit a report to the 56 Governor, the President of the Senate, and the Speaker of the 57 House of Representatives by December 1 of each year. The report 58 must describe the agreement or membership and provide 59 information on the total number of voters removed from the voter 60 registration system as a result of the agreement or membership 61 and the reasons for their removal. 62 5. Information received by the department, pursuant to an 63 interstate agreement, from another state which is confidential 64 or exempt pursuant to the laws of that state, is exempt from s. 65 119.07(1) and s. 24(a), Art. I of the State Constitution. This 66 subparagraph is subject to the Open Government Sunset Review Act 67 in accordance with s. 119.15 and shall stand repealed on October 68 2, 2022, unless reviewed and saved from repeal through 69 reenactment by the Legislature. 70 Section 2. The Legislature finds that it is a public 71 necessity that information received by the Department of State, 72 pursuant to an interstate agreement entered into under s. 73 98.075(2)(b), Florida Statutes, from another state which is 74 confidential or exempt pursuant to the laws of that state be 75 made exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 76 Article I of the State Constitution. Participating in interstate 77 agreements to share and exchange information with other states 78 in order to verify voter registration information is critical to 79 ensuring the accuracy of the statewide voter registration 80 system. Maintaining an accurate statewide voter registration 81 system is critical to fair elections in this state. Without the 82 public records exemption, the department will be unable to 83 receive information from other states that might otherwise be 84 confidential or exempt pursuant to the laws of those states, 85 which would impair the ability of the department and supervisors 86 of elections to maintain accurate voter rolls. As a result, the 87 effective and efficient administration of the statewide voter 88 registration system would be hindered. 89 Section 3. This act shall take effect on the same date that 90 CS/SB 1070 or similar legislation takes effect, if such 91 legislation is adopted in the same legislative session or an 92 extension thereof and becomes a law.