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. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 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This subsection is subject to the Open Government 33 Sunset Review Act in accordance with s. 119.15 and shall stand 34 repealed on October 2, 2024, unless reviewed and saved from 35 repeal through reenactment by the Legislature. 36 Section 2.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.