HB 1851

1	A bill to be entitled
2	An act relating to public records and public meetings;
3	amending s. 11.0431, F.S.; creating an exemption from
4	public records requirements for specified user
5	identifications and passwords held by the Division of
6	Legislative Information Services; creating an exemption
7	from public records requirements for draft lobbying
8	activity reports and files stored in a specified
9	electronic filing system; providing for limited duration
10	of the exemption; creating s. 112.32156, F.S.; creating an
11	exemption from public records requirements for specified
12	user identifications and passwords held by the Commission
13	on Ethics; creating an exemption from public records
14	requirements for draft reports and files stored in a
15	specified electronic filing system; providing for limited
16	duration of the exemption; providing for review and
17	repeal; providing a statement of public necessity;
18	providing a contingent effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Paragraphs (j) and (k) are added to subsection
23	(2) of section 11.0431, Florida Statutes, to read:
24	11.0431  Legislative records; intent of legislation;
25	exemption from public disclosure.--
26	(2)  The following public records are exempt from
27	inspection and copying:
28	(j)  All user identifications and passwords held by the
29	Division of Legislative Information Services pursuant to s.
30	11.0455.
31	(k)  All draft lobbying activity reports and files stored
32	in the electronic filing system pursuant to s. 11.0455, until
33	such time as the report has been submitted as filed.
34	Section 2.  Section 112.32156, Florida Statutes, is created
35	to read:
36	112.32156  Electronic filing of lobbying activity reports;
37	confidentiality of information and draft reports.--
38	(1)  All user identifications and passwords held by the
39	commission pursuant to s. 112.32155 are confidential and exempt
40	from s. 119.07(1) and s. 24(a), Art. I of the State
41	Constitution. All draft reports and files stored in the
42	electronic filing system pursuant to s. 112.32155 are exempt
43	from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
44	until the report has been submitted as a filed report.
45	(2)  Subsection (1) is subject to the Open Government
46	Sunset Review Act of 1995 in accordance with s. 119.15 and shall
47	stand repealed on October 2, 2010, unless reviewed and saved
48	from repeal through reenactment by the Legislature.
49	Section 3.  (1)  The Legislature finds that it is a public
50	necessity that all user identifications and passwords held by
51	the Division of Legislative Information Services pursuant to s.
52	11.0455, Florida Statutes, and by the Commission on Ethics
53	pursuant to s. 112.32155, Florida Statutes, be held confidential
54	and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
55	Constitution. The public records exemption is necessary to
56	ensure accountability for the filing of false or inaccurate
57	information. Under current law, the lobbyist, or the designated
58	lobbyist and principal, must certify and bear responsibility for
59	the correctness of each expenditure report filed with the
60	Division of Legislative Information Services and the Commission
61	on Ethics or be subject to a penalty or fine. The law uses the
62	physical signatures of such individuals on the paper reports as
63	evidence of attestation to the veracity of the report.
64	Electronic reporting eliminates the evidentiary advantages of
65	hard-copy signatures by persons submitting reports, so the
66	provisions of law creating the electronic filing system provide
67	for the issuance of secure "sign-on" information to the
68	individuals designated and provides that such individuals are
69	responsible for all filing using such "sign-on" credentials
70	unless they have notified the division or commission, as
71	applicable, that their credentials have been compromised.
72	Without a public records exemption for this information, there
73	would be no accountability for lobbying activity reporting. In
74	addition, the public records exemption is necessary to protect
75	against the unwarranted submission of false or erroneous
76	lobbying activity data. Limiting access to the electronic filing
77	system will prevent unauthorized users from changing or
78	submitting false or inaccurate information that could be
79	damaging to the reporting persons and result in fines and
80	penalties being levied against the persons accountable by
81	statute for the veracity of the information.
82	(2)  The Legislature finds that it is a public necessity
83	that draft lobbying activity reports and files stored in the
84	specified electronic filing system pursuant to s. 11.0455,
85	Florida Statutes, and all draft reports and files stored in the
86	electronic filing system pursuant to s. 112.32155, Florida
87	Statutes, be held confidential and exempt from s. 119.07(1) and
88	s. 24(a), Art. I of the State Constitution until such time as
89	the report has been submitted as filed. The public records
90	exemption for draft lobbying activity reports and files will
91	allow all lobbyists to update reports and subject the reports to
92	internal verifications to check for errors prior to submissions.
93	The exemption will also provide each principal the opportunity
94	to review and verify the activity report of his or her
95	designated lobbyist, especially lobbying expenditures made
96	directly by the principal, for which the principal is liable.
97	Principals are deemed to certify the accuracy of such
98	expenditures submitted by operation of law pursuant to ss.
99	11.0455 and 112.32155, Florida Statutes, as applicable. The
100	Legislature also finds that this public records exemption will
101	accelerate the public's access to this information compared with
102	current law which allows for the filing of paper reports by mail
103	on the designated due date and may result in both mailing and
104	data entry delays in making the information available on the
105	Internet website.
106	Section 4.  This act shall take effect on the same date
107	that HB 1849 or similar legislation creating ss. 11.0455 and
108	112.32155, Florida Statutes, to provide for electronic filing of
109	lobbying activity reports, takes effect, if such legislation is
110	adopted in the same legislative session or an extension thereof
111	and becomes law.

CODING: Words stricken are deletions; words underlined are additions.