This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0911z.CRG.DOCX
DATE: 5/16/2023
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/HB 911 Pub. Rec./E-mail Addresses and Secure Login Credentials/DOS
SPONSOR(S): Constitutional Rights, Rule of Law & Government Operations Subcommittee, McFarland,
LaMarca, and others
TIED BILLS: CS/CS/HB 909 IDEN./SIM. BILLS: CS/SB 946
FINAL HOUSE FLOOR ACTION: 116 Y’s
0 N’s GOVERNOR’S ACTION: Approved
SUMMARY ANALYSIS
CS/HB 911 passed the House on April 26, 2023, as CS/SB 946.
The Department of State (DOS) is the state’s central location responsible for receiving and maintaining a
number of documents as required by statute, such as service of process for legal proceedings, articles of
incorporation, or registration of fictitious names. In receiving and filing required records under 15 different
statutory chapters, DOS may accept submission of such documents electronically.
The bill creates a public record exemption for email addresses collected by DOS in certain instances and
secure login credentials held by DOS for the purpose of allowing a person to electronically file records under
certain chapters of law. The bill provides for retroactive application of the exemptions, provides for future
review and repeal of the public record exemptions, and provides a statement of public necessity as required by
the Florida Constitution.
The bill may have a negative, but likely insignificant, fiscal impact on DOS that will be absorbed within existing
resources. It does not appear to have a fiscal impact on local governments.
The bill was approved by the Governor on May 11, 2023, ch. 2023-52, L.O.F., and became effective on that
date.
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DATE: 5/16/2023
I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Present Situation
Public Records
Article I, s. 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
government records. This section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government.
1
The Legislature, however, may
provide by general law for exemption from public record requirements provided the exemption passes
by two-thirds vote of each chamber, states with specificity the public necessity justifying the exemption,
and is no broader than necessary to meet its public purpose.
2
The Florida Statutes also address the public policy regarding access to government records. Section
119.07(1), F.S., guarantees every person a right to inspect and copy any state, county, or municipal
record, unless the record is exempt.
3
Furthermore, the Open Government Sunset Review Act
4
provides
that a public record exemption may be created or maintained only if it serves an identifiable public
purpose and the “Legislature finds that the purpose is sufficiently compelling to override the strong
public policy of open government and cannot be accomplished without the exemption.”
5
An identifiable
public purpose is served if the exemption meets one of the following purposes:
Allows the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption;
Protects sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision; or
Protects trade or business secrets.
6
Pursuant to the Open Government Sunset Review Act, a new public records exemption or substantial
amendment of an existing public record exemption is repealed on October 2
nd
of the fifth year following
enactment, unless the Legislature reenacts the exemption.
Documents Filed with Department of State
The Department of State (DOS) is the state’s central location responsible for receiving and maintaining
a number of documents as required by statute, such as service of process for legal proceedings,
7
articles of incorporation,
8
or registration of fictitious names.
9
In receiving and filing required records
under 15 different statutory chapters,
10
DOS may accept submission of such documents
electronically.
11
1
Art. I, s. 24(a), FLA. CONST.
2
Art. I, s. 24(c), FLA. CONST.
3
A public record exemption means a provision of general law which provides that a specified record, or portion thereof, is
not subject to the access requirements of s. 119.07(1), F.S., or s. 24, Art. I of the State Constitution. See s. 119.011(8),
F.S.
4
S. 119.15, F.S.
5
S. 119.15(6)(b), F.S.
6
Id.
7
See, e.g., ss. 48,061, 48.062, and 48.181, F.S.
8
S. 607.0203, F.S.
9
S. 865.09, F.S.
10
Chs. 48, 55, 117, 118, 495, 605, 606, 607, 610, 617, 620, 621, 679, 713, and 865, F.S.
11
S. 15.16(3), F.S.
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DATE: 5/16/2023
The Division of Corporations
The Division of Corporations (Division) within DOS collects, maintains, and makes available to the
public all information related to business entities and certain information related to sole proprietorships
operating in Florida and certain financial transactions that take place in the state.
12
The Division also
serves as the State’s central filing location for filing:
Business entities;
Trade and service marks;
Fictitious name registrations;
Judgment and federal tax liens;
UCC financing statements; and
Notary commissions and apostilles.
13
Sunbiz
All files maintained electronically by the Division may be accessed through its website — Sunbiz.
14
Records available through Sunbiz are easily accessible and searchable, including the filed records of
business entities, trademarks, fictious names, federal liens, substitute service of process, notaries, and
cable franchises. Corporations file and upload their records and pay fees through Sunbiz.
15
All
information filed electronically with the Division may be readily changed. If the submitted document
meets the statutory requirements and is accompanied by the correct processing or filing fee, the
document is accepted by the Division without further inquiry.
16
Effect of the Bill
The bill creates a public record exemption for email addresses collected by DOS pursuant to s.
15.16(3), F.S., and provides for retroactive application of the public record exemption.
The bill also creates a public record exemption for secure login credentials held by DOS for the
purpose of allowing a person to electronically file records pursuant to specific statutory chapters and
provides for retroactive application of the public record exemption.
17
The bill defines “secure login
credentials” to mean information held by DOS for purposes of authenticating a user logging into a user
account on a computer, a computer system, a computer network, or an electronic device; an online
user account accessible over the Internet, whether through a mobile device, a website, or any other
electronic means; or information used for authentication or password recovery.
The bill provides that the public record exemptions are subject to the Open Government Sunset Review
Act and will stand repealed on October 2, 2028, unless reviewed and saved from repeal by the
Legislature. It also provides a statement of public necessity as required by the Florida Constitution.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
12
Florida Division of Corporations, About Us, https://dos.myflorida.com/sunbiz/about-us/, (last visited March 16, 2023).
13
Id.
14
Florida Department of State, Search Records: Corporations, Limited Liability Companies, Limited Partnerships, and
Trademarks, https://dos.myflorida.com/sunbiz/search/ (last visited March 10, 2023).
15
Florida Department of State, Start E-Filing, https://www.dos.myflorida.com/sunbiz/start-business/efile/ (last visited
March 10, 2023).;
16
Florida Department of State, Florida Department of State’s Duties and Records,
https://dos.myflorida.com/sunbiz/manage-business/mind-your-sunbizness/sunbizness-identity-theft-resource-guide/florida-
department-of-state-s-duties-and-records/, (last visited March 10, 2023);see also Derek Gilliam, Sarasota Rep. McFarland
files bill to secure Sunbiz.org, prevent hijacking of businesses, Herald-Tribune (Feb. 22, 2023), www.heraldtribune.com
(last visited March 2, 2023).
17
Chs. 48, 55, 117, 118, 495, 605, 606, 607, 610, 617, 620, 621, 679, 713, and 865, F.S.
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DATE: 5/16/2023
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill may have a negative, but likely insignificant, fiscal impact on DOS because agency staff
responsible for complying with public record requests may require training related to the creation of
the public record exemption. The costs, however, would be absorbed as they are part of the day-to-
day responsibilities of the agency.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.