Florida Senate - 2018                                     SB 276
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-00463-18                                             2018276__
    1                        A bill to be entitled                      
    2         An act relating to voter registration list
    3         maintenance; amending s. 98.075, F.S.; authorizing the
    4         Department of State to enter into certain interstate
    5         agreements or to become a member of a nongovernmental
    6         entity to verify voter registration information;
    7         establishing requirements for participation in such
    8         agreements or memberships; requiring the Department of
    9         Highway Safety and Motor Vehicles to provide specified
   10         information to the Department of State; establishing
   11         reporting requirements; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (2) of section 98.075, Florida
   16  Statutes, is amended to read:
   17         98.075 Registration records maintenance activities;
   18  ineligibility determinations.—
   19         (2) DUPLICATE REGISTRATION.—
   20         (a) The department shall identify those voters who are
   21  registered more than once within the state or those applicants
   22  whose registration applications within the state would result in
   23  duplicate registrations. The most recent application shall be
   24  deemed an update to the voter registration record.
   25         (b)1. The department may enter into interstate agreements
   26  or become a member of a nongovernmental entity whose membership
   27  is composed solely of state government election officials if the
   28  sole purpose of the agreement or membership is to share and
   29  exchange information in order to verify voter registration
   30  information. If the department intends to become a member of
   31  such a nongovernmental entity, the agreement to join the entity
   32  must require that the Secretary of State, or his or her
   33  designee, serve as a full member with voting rights on the
   34  nongovernmental entity’s board of directors within 12 months
   35  after joining the entity.
   36         2. The department may share confidential and exempt
   37  information pursuant to an interstate agreement or after
   38  becoming a member of a nongovernmental entity as provided in
   39  subparagraph 1. if:
   40         a. Each state that is a participant in the interstate
   41  agreement or each member of the nongovernmental entity agrees to
   42  maintain the confidentiality of such information; or
   43         b. The bylaws of the nongovernmental entity require member
   44  states and the entity to maintain the confidentiality of
   45  information as required by the laws of the state providing the
   46  information.
   47         3. The department may only enter into an interstate
   48  agreement or become a member of a nongovernmental entity as
   49  provided in subparagraph 1. if the agreement or entity is
   50  controlled and operated by the participating states. The
   51  interstate agreement or entity may not be operated or controlled
   52  by the Federal Government or any other entity acting on behalf
   53  of the Federal Government. The department must be able to
   54  withdraw at any time from such interstate agreement or
   55  membership entered into.
   56         4. If the department enters into an interstate agreement or
   57  becomes a member of a nongovernmental entity as provided in
   58  subparagraph 1., the Department of Highway Safety and Motor
   59  Vehicles must, pursuant to a written agreement with the
   60  department, provide driver license or identification information
   61  to the department for the purpose of sharing and exchanging
   62  voter registration information pursuant to an interstate
   63  agreement or with the nongovernmental entity.
   64         5. If the department enters into an interstate agreement or
   65  becomes a member of a nongovernmental entity as provided in
   66  subparagraph 1., the department must submit a report to the
   67  Governor, the President of the Senate, and the Speaker of the
   68  House of Representatives by December 1 of each year. The report
   69  must describe the interstate agreement or nongovernmental entity
   70  membership and provide information on the total number of voters
   71  removed from the voter registration system as a result of the
   72  agreement or membership and the reasons for their removal.
   73         Section 2. This act shall take effect January 1, 2019.