Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for SB 2644
                        Barcode 530158
                            CHAMBER ACTION
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       05/02/2005 06:36 PM         .                    
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11  Senator Sebesta moved the following amendment:
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13         Senate Amendment 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Paragraphs (j) and (k) are added to
18  subsection (2) of section 11.0431, Florida Statutes, to read:
19         11.0431  Legislative records; intent of legislation;
20  exemption from public disclosure.--
21         (2)  The following public records are exempt from
22  inspection and copying:
23         (j)  All user identifications and passwords held by the
24  Division of Legislative Information Services pursuant to s.
25  11.0455.
26         (k)  All draft lobbying compensation and expenditure
27  reports and files stored in the electronic filing system
28  pursuant to s. 11.0455, until such time as the report has been
29  submitted as filed.
30         Section 2.  Section 112.32156, Florida Statutes, is
31  created to read:
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    11:03 AM   05/02/05                             s2644.16ee.002

Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2644 Barcode 530158 1 112.32156 Electronic filing of compensation and 2 expenditure reports; confidentiality of information and draft 3 reports.--All user identifications and passwords held by the 4 commission pursuant to s. 112.32155 are confidential and 5 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 6 Constitution. All draft reports and files stored in the 7 electronic filing system pursuant to s. 112.32155 are exempt 8 from s. 119.07(1) and s. 24(a), Art. I of the State 9 Constitution until the report has been submitted as a filed 10 report. This section is subject to the Open Government Sunset 11 Review Act of 1995 in accordance with s. 119.15, and shall 12 stand repealed on October 2, 2010, unless reviewed and saved 13 from repeal through reenactment by the Legislature. 14 Section 3. Paragraph (d) is added to subsection (7) of 15 section 112.3215, Florida Statutes, to read: 16 112.3215 Lobbying Lobbyists before the executive 17 branch or the Constitution Revision Commission; registration 18 and reporting; investigation by commission.-- 19 (7) 20 (d) Records relating to the compensation-reporting 21 audit or an investigation pursuant to this section or s. 22 112.32155 are confidential and exempt from s. 119.07(1) and s. 23 24(a), Art. I of the State Constitution, and any meetings held 24 pursuant to an investigation or at which a 25 compensation-reporting audit is discussed are exempt from s. 26 286.011(1) and s. 24(b), Art. I of the State Constitution 27 either until the alleged violator requests in writing that 28 such investigation and associated records and meetings be made 29 public or until the commission determines, based on the 30 investigation, whether probable cause exists to believe that a 31 violation has occurred. This paragraph is subject to the Open 2 11:03 AM 05/02/05 s2644.16ee.002
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2644 Barcode 530158 1 Government Sunset Review Act of 1995 in accordance with s. 2 119.15, and shall stand repealed on October 2, 2010, unless 3 reviewed and saved from repeal through reenactment by the 4 Legislature. 5 Section 4. (1) The Legislature finds that it is a 6 public necessity to exempt from public-records requirements 7 all user identifications and passwords held by the Division of 8 Legislative Information Services pursuant to section 11.0455, 9 Florida Statutes, and by the Commission on Ethics pursuant to 10 section 112.32155, Florida Statutes, as created in Senate Bill 11 2646 or similar legislation. The public-records exemption is 12 necessary to ensure accountability for the filing of false or 13 inaccurate information. Under current law, the lobbyist, or 14 the designated lobbyist and principal, must certify and bear 15 responsibility for the correctness of each expenditure report 16 filed with the Division of Legislative Information Services 17 and the Commission on Ethics under pain of penalty or fine. 18 The law uses the physical signatures of such individuals on 19 the paper reports as evidence of attestation to the veracity 20 of the report. Electronic reporting eliminates the evidentiary 21 advantages of hard-copy signatures by persons submitting 22 reports, so the provisions of law creating the electronic 23 filing system provide for the issuance of secure "sign-on" 24 information to the individuals designated, and provides that 25 such individuals are responsible for all filing using such 26 "sign-on" credentials unless they have notified the division 27 or commission, whichever is applicable, that their credentials 28 have been compromised. Without a public-records exemption for 29 this information, there would be no accountability for 30 lobbying compensation and expenditure reporting. 31 (2) In addition, the public-records exemption is 3 11:03 AM 05/02/05 s2644.16ee.002
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2644 Barcode 530158 1 necessary to protect against the unwarranted submission of 2 false or erroneous lobbying compensation and expenditure data. 3 Limiting access to the electronic filing system will prevent 4 unauthorized users from changing or submitting false or 5 inaccurate information that could be damaging to the reporting 6 persons and result in fines and penalties being levied against 7 the persons accountable by statute for the veracity of the 8 information. 9 (3) The Legislature also finds that it is a public 10 necessity to exempt from public-records requirements draft 11 reports and files entered into the electronic filing system by 12 persons subject to the electronic-reporting requirements until 13 a final report is due pursuant to law. The public-records 14 exemption for draft reports and files will allow all lobbying 15 firms, principals, lobbyists, and lobbying firms to update 16 reports and subject the reports to internal verifications to 17 check for errors prior to submission. Also, the public-records 18 exemption will provide each principal the opportunity to 19 review and verify the expenditure report of his or her 20 designated lobbyist, especially lobbying expenditures made 21 directly by the principal for which the principal is 22 responsible. Principals are deemed to certify to the accuracy 23 of such expenditures submitted by operation of law pursuant to 24 section 11.0455 or section 112.32155, Florida Statutes, 25 whichever is applicable. 26 (4) The Legislature also finds that this 27 public-records exemption will accelerate the public's access 28 to expenditure information compared with current law, which 29 allows for the filing of paper reports by mail on the 30 designated due date and may result in both mailing and 31 data-entry delays in processing the information to the 4 11:03 AM 05/02/05 s2644.16ee.002
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2644 Barcode 530158 1 Internet. Lobbying compensation information is not currently 2 reported at all. 3 (5) Finally, the Legislature finds that it is a public 4 necessity to exempt from public-records and open-meetings 5 requirements records relating to the compensation-reporting 6 audit and investigation of violations of the executive 7 lobbying compensation reporting laws, and meetings held 8 pursuant to an investigation or at which a 9 compensation-reporting audit is discussed or at which such 10 records are discussed, until the alleged violator requests in 11 writing that such associated records and materials be made 12 public or the Commission on Ethics has made a probable cause 13 determination. The release to the public of records and 14 investigative information in connection with possible 15 violations before the Commission makes a probable cause 16 determination may have an adverse effect upon the person who 17 is the subject of the investigation. Also, making such 18 records and information available to the public could hamper 19 the Commission's ongoing investigation, and its ability to 20 gather pertinent documents and information crucial to making a 21 probable cause determination. Further, the exemption is of 22 limited scope so that the alleged violator's rights are 23 protected while, at the same time, preserving the public's 24 right to ultimately obtain the information. 25 Section 5. This act shall take effect on the same date 26 that Senate Bill 2646 or similar legislation takes effect, 27 creating section 11.0455 and section 112.32155, Florida 28 Statutes, to provide for electronic filing of lobbying 29 compensation and expenditure reports, and amending section 30 112.3215, Florida Statutes, to provide for the investigation 31 of possible lobbying compensation reporting violations, if 5 11:03 AM 05/02/05 s2644.16ee.002
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2644 Barcode 530158 1 such legislation is enacted in the same legislative session or 2 an extension thereof and becomes law. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 11:03 AM 05/02/05 s2644.16ee.002