Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 2644
                        Barcode 672480
                            CHAMBER ACTION
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11  The Committee on Ethics and Elections (Sebesta) recommended
12  the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraphs (j) and (k) of subsection (2) of
19  section 11.0431, Florida Statutes, are created to read:
20         11.0431  Legislative records; intent of legislation;
21  exemption from public disclosure.--
22         (2)  The following public records are exempt from
23  inspection and copying:
24         (j)  All user identifications and passwords held by the
25  Division of Legislative Information Services pursuant to s.
26  11.0455.
27         (k)  All draft lobbying activity reports and files
28  stored in the electronic filing system pursuant to s. 11.0455,
29  until such time as the report has been submitted as filed.
30         Section 2.  Section 112.32156, Florida Statutes, is
31  created to read:
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2644 Barcode 672480 1 112.32156 Electronic filing of lobbying activity 2 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section is subject to the Open Government Sunset 11 Review Act of 1995 in accordance with s. 119.15 and shall 12 stand repealed on October 2, 2010, unless reviewed and saved 13 from repeal through reenactment by the Legislature. 14 Section 3.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) of subsection (7) of section 15 112.3215, Florida Statutes, is created to read: 16 112.3215 Lobbyists before the executive branch or the 17 Constitution Revision Commission; registration and reporting; 18 investigation by commission.-- 19 (7) 20 (d) All proceedings and other records relating to the 21 audit and investigation are confidential and exempt from the 22 provisions of s. 119.07(1) and s. 24(a), Art. I of the State 23 Constitution, and any meetings held pursuant to an 24 investigation are exempt from the provisions of s. 286.011(1) 25 and s. 24(b), Art. I of the State Constitution either until 26 the alleged violator requests in writing that such 27 investigation and associated records and meetings be made 28 public or until the commission determines, based on the 29 investigation, whether probable cause exists to believe that a 30 violation has occurred. This paragraph is subject to the Open 31 Government Sunset Review Act of 1995 in accordance with s. 2 10:27 AM 03/18/05 s2644.ee16.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2644 Barcode 672480 1 119.15 and shall stand repealed on October 2, 2010, unless 2 reviewed and saved from repeal through reenactment by the 3 Legislature. 4 Section 4. (1) The Legislature finds that it is a 5 public necessity to exempt from public-records requirements 6 all user identifications and passwords held by the Division of 7 Legislative Information Services pursuant to section 11.0455, 8 Florida Statutes, and by the Commission on Ethics pursuant to 9 section 112.32155, Florida Statutes, as created in Senate Bill 10 2646 or similar legislation. The public-records exemption is 11 necessary to ensure accountability for the filing of false or 12 inaccurate information. Under current law, the lobbyist, or 13 the designated lobbyist and principal, must certify and bear 14 responsibility for the correctness of each expenditure report 15 filed with the Division of Legislative Information Services 16 and the Commission on Ethics under pain of penalty or fine. 17 The law uses the physical signatures of such individuals on 18 the paper reports as evidence of attestation to the veracity 19 of the report. Electronic reporting eliminates the evidentiary 20 advantages of hard-copy signatures by persons submitting 21 reports, so the provisions of law creating the electronic 22 filing system provide for the issuance of secure "sign-on" 23 information to the individuals designated, and provides that 24 such individuals are responsible for all filing using such 25 "sign-on" credentials unless they have notified the division 26 or commission, whichever is applicable, that their credentials 27 have been compromised. Without a public-records exemption for 28 this information, there would be no accountability for 29 lobbying activity reporting. 30 (2) In addition, the public-records exemption is 31 necessary to protect against the unwarranted submission of 3 10:27 AM 03/18/05 s2644.ee16.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2644 Barcode 672480 1 false or erroneous lobbying activity data. Limiting access to 2 the electronic filing system will prevent unauthorized users 3 from changing or submitting false or inaccurate information 4 that could be damaging to the reporting persons and result in 5 fines and penalties being levied against the persons 6 accountable by statute for the veracity of the information. 7 (3) The Legislature also finds that it is a public 8 necessity to exempt from public-records requirements draft 9 reports and files entered into the electronic filing system by 10 persons subject to the electronic-reporting requirements until 11 a final report is due pursuant to law. The public-records 12 exemption for draft reports and files will allow all lobbyists 13 to update reports and subject the reports to internal 14 verifications to check for errors prior to submissions. Also, 15 the public-records exemption will provide each principal the 16 opportunity to review and verify the activity report of his or 17 her designated lobbyist, especially lobbying expenditures made 18 directly by the principal, for which the principal is liable. 19 Principals are deemed to certify to the accuracy of such 20 expenditures submitted by operation of law pursuant to section 21 11.0455 and section 112.32155, Florida Statutes, whichever is 22 applicable. 23 (4) The Legislature also finds that this 24 public-records exemption will accelerate the public's access 25 to this information compared with current law, which allows 26 for the filing of paper reports by mail on the designated due 27 date and may result in both mailing and data entry delays in 28 processing the information to the Internet. 29 (5) Finally, the Legislature finds that it is a public 30 necessity to exempt from public-records and open-meetings 31 requirements all proceedings and other records relating to the 4 10:27 AM 03/18/05 s2644.ee16.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2644 Barcode 672480 1 audit and investigation of violations of the executive 2 lobbying compensation reporting laws, until the alleged 3 violator requests in writing that such associated records and 4 materials be made public or the Commission on Ethics has made 5 a probable cause determination. The release to the public of 6 proceeding records and investigative information in connection 7 with possible violations before the Commission makes a 8 probable cause determination may have an adverse effect upon 9 the person who is the subject of the investigation. Also, 10 making such proceedings and information available to the 11 public could hamper the Commission's ongoing investigation, 12 and its ability to gather pertinent documents and information 13 crucial to making a probable cause determination. Further, 14 the exemption is of limited scope so that the alleged 15 violator's rights are protected while, at the same time, 16 preserving the public's right to ultimately obtain the 17 information. 18 Section 5. This act shall take effect upon becoming a 19 law, but it shall not take effect unless Senate Bill 2646, or 20 similar legislation creating section 11.0455 and section 21 112.32155, Florida Statutes, to provide for electronic filing 22 of lobbying activity reports, and amending section 112.3215, 23 Florida Statutes, to provide for the investigation of possible 24 lobbying compensation reporting violations, is adopted in the 25 same legislative session or an extension thereof and becomes 26 law. 27 28 29 ================ T I T L E A M E N D M E N T =============== 30 And the title is amended as follows: 31 Delete everything before the enacting clause 5 10:27 AM 03/18/05 s2644.ee16.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2644 Barcode 672480 1 and insert: 2 A bill to be entitled 3 An act relating to public records and open 4 meetings; amending s. 11.0431, F.S.; creating 5 an exemption from public-records requirements 6 for user identification and passwords held by 7 the Division of Legislative Information 8 Services pursuant to s. 11.0455, F.S.; creating 9 a temporary exemption from public-records 10 requirements for reports and files stored in 11 the electronic filing system pursuant to s. 12 11.0455, F.S.; creating s. 112.32156, F.S.; 13 creating an exemption from public-records 14 requirements for user identifications and 15 passwords held by the Commission on Ethics 16 pursuant to s. 112.32155, F.S.; creating a 17 temporary exemption from public-records 18 requirements for reports and files stored in 19 the electronic system pursuant to s. 112.32155, 20 F.S.; providing for future legislative review 21 and repeal under the Open Government Sunset 22 Review Act; creating paragraph (d) of 23 subsection (7) of section 112.3215, F.S.; 24 creating a temporary exemption from 25 public-records and open-meetings requirements 26 for proceedings and records relating to the 27 audit and investigation of possible lobbying 28 compensation reporting violations; providing 29 for future legislative review and repeal under 30 the Open Government Sunset Review Act; 31 providing findings of public necessity; 6 10:27 AM 03/18/05 s2644.ee16.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2644 Barcode 672480 1 providing a contingent effective date. 2 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 7 10:27 AM 03/18/05 s2644.ee16.001