Florida Senate - 2019                   (PROPOSED BILL) SPB 7042
       
       
        
       FOR CONSIDERATION By the Committee on Ethics and Elections
       
       
       
       
       
       582-02090-19                                          20197042pb
    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 certain passwords that are
    5         held by the Commission on Ethics and certain
    6         information entered into the electronic filing system
    7         for 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 ___, 2019 Regular Session, to
   17  read:
   18         112.31446 Electronic filing system for financial
   19  disclosure.—
   20         (6)(a) All passwords held by the commission for the purpose
   21  of allowing access to the electronic filing system are exempt
   22  from s. 119.071(1) and s. 24(a), Art. I of the State
   23  Constitution.
   24         (b) Information entered in the electronic filing system for
   25  purposes of financial disclosure is exempt from s. 119.071(1)
   26  and s. 24(a), Art. I of the State Constitution. Information
   27  entered in the electronic filing system is no longer exempt once
   28  the 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   34  repealed on October 2, 2024, unless reviewed and saved from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 passwords held by the Commission on Ethics
   38  for the purpose of allowing access to the electronic filing
   39  system for financial disclosures, and information entered into
   40  the system, be exempt from public records requirements. The
   41  Legislature finds that that the public’s need for access to
   42  information included in the full and public disclosures of
   43  financial interests or statements of financial interests filed
   44  by reporting individuals be balanced with the filer’s interest
   45  in safeguarding personally sensitive information. The
   46  Legislature further finds that the unintentional publication of
   47  such information may subject the filer to identity theft,
   48  financial harm, or other adverse impacts. Without the public
   49  records exemption, the effective and efficient administration of
   50  the electronic filing system that otherwise is designed to
   51  increase the ease of filing for reporting individuals and to
   52  improve the public’s access to financial disclosure information
   53  would be hindered. For these reasons, the Legislature finds that
   54  it is a public necessity to exempt such information from public
   55  records requirements.
   56         Section 3. This act shall take effect on the same date that
   57  SB ____ 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.