Senate Bill sb2644e1

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




    CS for SB 2644                           First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to public records and open

  3         meetings; amending s. 11.0431, F.S.; creating

  4         an exemption from public-records requirements

  5         for user identification and passwords held by

  6         the Division of Legislative Information

  7         Services pursuant to s. 11.0455, F.S.; creating

  8         a temporary exemption from public-records

  9         requirements for reports and files stored in

10         the electronic filing system pursuant to s.

11         11.0455, F.S.; creating s. 112.32156, F.S.;

12         creating an exemption from public-records

13         requirements for user identifications and

14         passwords held by the Commission on Ethics

15         pursuant to s. 112.32155, F.S.; creating a

16         temporary exemption from public-records

17         requirements for reports and files stored in

18         the electronic system pursuant to s. 112.32155,

19         F.S.; providing for future legislative review

20         and repeal under the Open Government Sunset

21         Review Act; amending s. 112.3215, F.S.;

22         creating a temporary exemption from

23         public-records and open-meetings requirements

24         for records relating to the

25         compensation-reporting audit and investigation

26         of possible lobbying compensation reporting

27         violations and for meetings held pursuant to an

28         investigation or at which a

29         compensating-reporting audit is discussed;

30         providing for future legislative review and

31         repeal under the Open Government Sunset Review


                                  1

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






    CS for SB 2644                           First Engrossed (ntc)



 1         Act; providing findings of public necessity;

 2         providing a contingent effective date.

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 6         Section 1.  Paragraphs (j) and (k) are added to

 7  subsection (2) of section 11.0431, Florida Statutes, to read:

 8         11.0431  Legislative records; intent of legislation;

 9  exemption from public disclosure.--

10         (2)  The following public records are exempt from

11  inspection and copying:

12         (j)  All user identifications and passwords held by the

13  Division of Legislative Information Services pursuant to s.

14  11.0455.

15         (k)  All draft lobbying compensation and expenditure

16  reports and files stored in the electronic filing system

17  pursuant to s. 11.0455, until such time as the report has been

18  submitted as filed.

19         Section 2.  Section 112.32156, Florida Statutes, is

20  created to read:

21         112.32156  Electronic filing of compensation and

22  expenditure reports; confidentiality of information and draft

23  reports.--All user identifications and passwords held by the

24  commission pursuant to s. 112.32155 are confidential and

25  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

26  Constitution. All draft reports and files stored in the

27  electronic filing system pursuant to s. 112.32155 are exempt

28  from s. 119.07(1) and s. 24(a), Art. I of the State

29  Constitution until the report has been submitted as a filed

30  report. This section is subject to the Open Government Sunset

31  Review Act of 1995 in accordance with s. 119.15, and shall


                                  2

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






    CS for SB 2644                           First Engrossed (ntc)



 1  stand repealed on October 2, 2010, unless reviewed and saved

 2  from repeal through reenactment by the Legislature.

 3         Section 3.  Paragraph (d) is added to subsection (7) of

 4  section 112.3215, Florida Statutes, to read:

 5         112.3215  Lobbying Lobbyists before the executive

 6  branch or the Constitution Revision Commission; registration

 7  and reporting; investigation by commission.--

 8         (7)

 9         (d)  Records relating to the compensation-reporting

10  audit or an investigation pursuant to this section or s.

11  112.32155 are confidential and exempt from s. 119.07(1) and s.

12  24(a), Art. I of the State Constitution, and any meetings held

13  pursuant to an investigation or at which a

14  compensation-reporting audit is discussed are exempt from s.

15  286.011(1) and s. 24(b), Art. I of the State Constitution

16  either until the alleged violator requests in writing that

17  such investigation and associated records and meetings be made

18  public or until the commission determines, based on the

19  investigation, whether probable cause exists to believe that a

20  violation has occurred. This paragraph is subject to the Open

21  Government Sunset Review Act of 1995 in accordance with s.

22  119.15, and shall stand repealed on October 2, 2010, unless

23  reviewed and saved from repeal through reenactment by the

24  Legislature.

25         Section 4.  (1)  The Legislature finds that it is a

26  public necessity to exempt from public-records requirements

27  all user identifications and passwords held by the Division of

28  Legislative Information Services pursuant to section 11.0455,

29  Florida Statutes, and by the Commission on Ethics pursuant to

30  section 112.32155, Florida Statutes, as created in Senate Bill

31  2646 or similar legislation. The public-records exemption is


                                  3

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






    CS for SB 2644                           First Engrossed (ntc)



 1  necessary to ensure accountability for the filing of false or

 2  inaccurate information. Under current law, the lobbyist, or

 3  the designated lobbyist and principal, must certify and bear

 4  responsibility for the correctness of each expenditure report

 5  filed with the Division of Legislative Information Services

 6  and the Commission on Ethics under pain of penalty or fine.

 7  The law uses the physical signatures of such individuals on

 8  the paper reports as evidence of attestation to the veracity

 9  of the report. Electronic reporting eliminates the evidentiary

10  advantages of hard-copy signatures by persons submitting

11  reports, so the provisions of law creating the electronic

12  filing system provide for the issuance of secure "sign-on"

13  information to the individuals designated, and provides that

14  such individuals are responsible for all filing using such

15  "sign-on" credentials unless they have notified the division

16  or commission, whichever is applicable, that their credentials

17  have been compromised. Without a public-records exemption for

18  this information, there would be no accountability for

19  lobbying compensation and expenditure reporting.

20         (2)  In addition, the public-records exemption is

21  necessary to protect against the unwarranted submission of

22  false or erroneous lobbying compensation and expenditure data.

23  Limiting access to the electronic filing system will prevent

24  unauthorized users from changing or submitting false or

25  inaccurate information that could be damaging to the reporting

26  persons and result in fines and penalties being levied against

27  the persons accountable by statute for the veracity of the

28  information.

29         (3)  The Legislature also finds that it is a public

30  necessity to exempt from public-records requirements draft

31  reports and files entered into the electronic filing system by


                                  4

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






    CS for SB 2644                           First Engrossed (ntc)



 1  persons subject to the electronic-reporting requirements until

 2  a final report is due pursuant to law. The public-records

 3  exemption for draft reports and files will allow all lobbying

 4  firms, principals, lobbyists, and lobbying firms to update

 5  reports and subject the reports to internal verifications to

 6  check for errors prior to submission. Also, the public-records

 7  exemption will provide each principal the opportunity to

 8  review and verify the expenditure report of his or her

 9  designated lobbyist, especially lobbying expenditures made

10  directly by the principal for which the principal is

11  responsible. Principals are deemed to certify to the accuracy

12  of such expenditures submitted by operation of law pursuant to

13  section 11.0455 or section 112.32155, Florida Statutes,

14  whichever is applicable.

15         (4)  The Legislature also finds that this

16  public-records exemption will accelerate the public's access

17  to expenditure information compared with current law, which

18  allows for the filing of paper reports by mail on the

19  designated due date and may result in both mailing and

20  data-entry delays in processing the information to the

21  Internet.  Lobbying compensation information is not currently

22  reported at all.

23         (5)  Finally, the Legislature finds that it is a public

24  necessity to exempt from public-records and open-meetings

25  requirements records relating to the compensation-reporting

26  audit and investigation of violations of the executive

27  lobbying compensation reporting laws, and meetings held

28  pursuant to an investigation or at which a

29  compensation-reporting audit is discussed or at which such

30  records are discussed, until the alleged violator requests in

31  writing that such associated records and materials be made


                                  5

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






    CS for SB 2644                           First Engrossed (ntc)



 1  public or the Commission on Ethics has made a probable cause

 2  determination.  The release to the public of records and

 3  investigative information in connection with possible

 4  violations before the Commission makes a probable cause

 5  determination may have an adverse effect upon the person who

 6  is the subject of the investigation.  Also, making such

 7  records and information available to the public could hamper

 8  the Commission's ongoing investigation, and its ability to

 9  gather pertinent documents and information crucial to making a

10  probable cause determination.  Further, the exemption is of

11  limited scope so that the alleged violator's rights are

12  protected while, at the same time, preserving the public's

13  right to ultimately obtain the information.

14         Section 5.  This act shall take effect on the same date

15  that Senate Bill 2646 or similar legislation takes effect,

16  creating section 11.0455 and section 112.32155, Florida

17  Statutes, to provide for electronic filing of lobbying

18  compensation and expenditure reports, and amending section

19  112.3215, Florida Statutes, to provide for the investigation

20  of possible lobbying compensation reporting violations, if

21  such legislation is enacted in the same legislative session or

22  an extension thereof and becomes law.

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  6

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