STORAGE NAME: h1383a.GOS
DATE: 4/3/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 1383
TITLE: Pub.Rec./Voter Registration Record Maintenance
SPONSOR(S): Persons-Mulicka
COMPANION BILL: None
LINKED BILLS: None
RELATED BILLS: None
Committee References
Government Operations
10 Y, 4 N, As CS
Transportation & Economic
Development Budget
State Affairs
SUMMARY
Effect of the Bill:
The bill provides a public record exemption for information received by the Department of State from a federal
agency, another state, or the District of Columbia after entering into a memorandum of understanding with those
entities relating to voter registration records.
The bill specifies that the public record exemption will repeal October 2, 2030, unless reenacted by the Legislature.
Fiscal or Economic Impact:
None.
Extraordinary Vote Required for Passage:
The bill requires a two-thirds vote of the members present and voting in both houses of the Legislature for final
passage.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill expands an existing public records exemption for information received by the Department of State (DOS)
from a nongovernmental entity for voter registration purposes to provide that information received from a federal
agency, another state, or the District of Columbia after entering into a memorandum of understanding (MOU) for
the purpose of sharing and exchanging information to identify duplicate voter registrations is exempt from public
disclosure. (Section 1)
The bill provides that the public record exemption is scheduled to repeal on October 2, 2030, unless reviewed and
saved from repeal by the Legislature. (Section 1)
As required by the Florida Constitution, the bill contains a statement of public necessity for the amended public
record exemption. The public necessity statement contains the following reasons for the exemption:
Sharing and exchanging information to verify voter registration is critical to ensuring the accuracy of the
statewide voter registration system and an accurate system is critical to fair elections in the state.
Without the public records exemption the:
o DOS will be unable to receive information directly from federal agencies, other states, or the District
of Columbia that might otherwise be confidential or exempt pursuant to the laws of those
jurisdictions, which would impair the ability of the DOS and supervisors of elections to maintain
accurate voter rolls.
o Effective and efficient administration of the statewide voter registration system would be hindered.
(Section 2) JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The bill is effective on the same date that HB 1381 or similar legislation takes effect. (Section 3)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Public Records
The Florida Constitution sets forth the state’s public policy regarding access to government records, guaranteeing
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 an exemption
2 from public record
requirements provided that the exemption passes by a 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.
3
Current law also addresses the public policy regarding access to government records by guaranteeing every person
a right to inspect and copy any state, county, or municipal record, unless the record is exempt.
4 Furthermore, the
Open Government Sunset Review (OGSR) Act
5 provides that a public record exemption may be created, revised, 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.”
6 An identifiable public purpose is served if the exemption meets one of the following purposes:
Allow the state or its political subdivisions to effectively and efficiently administer a governmental
program, which administration would be significantly impaired without the exemption;
Protect 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
Protect trade or business secrets.
7
Pursuant to the OGSR Act, a new public record exemption, or the 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.
8
Duplicate Voter Registrations
Current law requires DOS to engage in eligibility list maintenance activities to ensure the maintenance of accurate
and current voter registration records in the statewide voter registration system.
9 Eligibility list maintenance
activities must be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of 1965, the National
Voter Registration Act of 1993, and the Help America Vote Act of 2002.
10 In order to fulfill this requirement, DOS
receives information from certain entities.
11
DOS must identify voters who are registered more than once or applicants whose registration applications within
the state would result in duplicate registrations.
12 Current law authorizes DOS to become a member of a
nongovernmental entity whose membership is composed solely of election officials of state governments and the
District of Columbia for the purpose of sharing and exchanging information to maintain the statewide voter
registration system.
13
1
Art. I, s. 24(a), FLA. CONST.
2
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 Florida Constitution. See s. 119.011(8), F.S.
3
Art. I, s. 24(c), FLA. CONST.
4
S. 119.01, F.S.
5
S. 119.15, F.S.
6
S. 119.15(6)(b), F.S.
7
Id.
8
S. 119.15(3), F.S.
9
S. 98.075(1), F.S.
10
Id.
11
S. 98.075, F.S.
12
S. 98.075(2)(a), F.S.
13
S. 98.075(2)(b)1, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Current law also provides a public record exemption for voter registration information received by the DOS,
pursuant to its membership in a nongovernmental entity from another state or the District of Columbia, that is
confidential or exempt in its jurisdiction of origin.
14 The exemption requires DOS to share the protected
information with supervisors to conduct voter registration list maintenance.
15
HB 1381
In part, House Bill 1381 relating to elections authorizes the DOS to enter into memorandums of understanding
(MOUs) with federal agencies and other state governments to help identify interstate duplicate registrations
including sharing and exchanging confidential and exempt information to facilitate such efforts. If passed, HB 1381
takes effect on October 1, 2025.
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Government Operations
Subcommittee
10 Y, 4 N, As CS 4/1/2025 Toliver Walker
THE CHANGES ADOPTED BY THE
COMMITTEE:
Expanded the public record exemption to include information received by the
DOS from federal agencies after entering into a memorandum of understanding
relating to voter registration records.
Transportation & Economic
Development Budget
Subcommittee
State Affairs Committee
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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14
S. 98.075(2)(c), F.S.
15
Id.