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Can I collect third-party data from participants in Florida? What are the requirements?

Collecting Third-Party Data in Florida

To collect third-party data from participants in Florida, you must comply with the relevant laws and regulations. The requirements vary depending on the type of data being collected and the purpose of the collection.

Voter Registration Data

If you are collecting voter registration data from third-party participants in Florida, you must comply with the requirements set forth in FLCL 97.0575. Third-party voter registration organizations must register with the division and provide certain information, including the names of officers, the name and address of the organization’s registered agent in the state, and the names and addresses of each registration agent. The division or supervisor of elections must make voter registration forms available to third-party voter registration organizations, and the division must maintain a database of all third-party voter registration organizations and the voter registration forms assigned to them. Third-party voter registration organizations must serve as fiduciaries to applicants and promptly deliver completed voter registration applications to the division or supervisor of elections within 14 days after the application was completed by the applicant. Failure to comply with these requirements may result in fines [1.2].

It is important to note that these requirements only apply to third-party voter registration organizations and do not apply to persons who only solicit applications and do not collect or handle voter registration applications [1.2].

Diversion Usage Data

If you are collecting diversion usage data from third-party participants in Florida, you must comply with the requirements set forth in FLREG 63F-13.003. The department shall compile the data received by diversion programs and law enforcement in Rule 63F-13.002, F.A.C., as it is received. Each January 15 and July 15, the department shall publish the data received from diversion programs and law enforcement. Publication of diversion usage data shall be on the department’s website in sortable format. Interested stakeholders and members of the public shall be able to sort usage data by judicial circuit, county, law enforcement agency, offense, and by the race, ethnicity, gender and age of the youth [2.1].

Criminal Justice Data

If you are collecting criminal justice data from third-party participants in Florida, you must comply with the requirements set forth in FLREG 11C-11.001. FDLE will use an Interface Control Document to establish the requirements for the entities subject to the requirements of Section 900.05, F.S. to submit data. The data is cataloged, by reporting entities, in the data dictionaries. FDLE will use Information Exchange Package Documentation (IEPD) to compile, structure, and tag all information associated with each case number and unique identifier. FDLE will use agency standards and industry accepted tools to monitor the access, throughput, and availability to Criminal Justice Data Transparency. The Criminal Justice Data Transparency information is accessed by the public at the FDLE website [3.1].

Online Voter Registration

If you are collecting voter registration data online from third-party participants in Florida, you must comply with the requirements set forth in FLCL 97.0525. An applicant may submit an online voter registration application using the procedures set forth in this section. The division shall establish and maintain a secure Internet website that safeguards an applicant’s information to ensure data integrity and permits an applicant to submit a voter registration application, including first-time voter registration applications and updates to current voter registration records. The online voter registration system shall comply with the information technology security provisions and shall use a unique identifier for each applicant to prevent unauthorized persons from altering a voter’s registration information. The online voter registration system shall compare the Florida driver license number or Florida identification number submitted with information maintained by the Department of Highway Safety and Motor Vehicles to confirm that the name and date of birth on the application are consistent with the records of the Department of Highway Safety and Motor Vehicles. If the applicant’s name and date of birth are consistent with the records of the Department of Highway Safety and Motor Vehicles, the online voter registration system shall transmit, using the statewide voter registration system maintained, the applicant’s registration application, along with the digital signature of the applicant on file with the Department of Highway Safety and Motor Vehicles, to the supervisor of elections. The applicant’s digital signature satisfies the signature requirement [1.4].

In summary, the requirements for collecting third-party data in Florida vary depending on the type of data being collected and the purpose of the collection. If you are collecting voter registration data, you must comply with FLCL 97.0575. If you are collecting diversion usage data, you must comply with FLREG 63F-13.003. If you are collecting criminal justice data, you must comply with FLREG 11C-11.001. If you are collecting voter registration data online, you must comply with FLCL 97.0525.

Source(s):
Jurisdiction

Florida