Senate Bill sb0040B

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    Florida Senate - 2005                                  SB 40-B

    By Senator Sebesta





    16-851-06

  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 a

25         compensation-reporting audit and an

26         investigation of possible reporting violations

27         concerning lobbying compensation and for

28         meetings held pursuant to an investigation or

29         at which a compensating-reporting audit is

30         discussed; providing for future legislative

31         review and repeal under the Open Government

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    Florida Senate - 2005                                  SB 40-B
    16-851-06




 1         Sunset Review Act; providing findings of public

 2         necessity; providing a contingent effective

 3         date.

 4  

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

 6  

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

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

 9         11.0431  Legislative records; intent of legislation;

10  exemption from public disclosure.--

11         (2)  The following public records are exempt from

12  inspection and copying:

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

14  Division of Legislative Information Services pursuant to s.

15  11.0455.

16         (k)  All draft lobbying compensation and expenditure

17  reports and files stored in the electronic filing system

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

19  submitted as filed.

20         Section 2.  Section 112.32156, Florida Statutes, is

21  created to read:

22         112.32156  Electronic filing of compensation and

23  expenditure reports; confidentiality of information and draft

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

25  commission pursuant to s. 112.32155 are confidential and

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

27  Constitution. All draft reports and files stored in the

28  electronic filing system pursuant to s. 112.32155 are exempt

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

30  Constitution until the report has been submitted as a filed

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

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    Florida Senate - 2005                                  SB 40-B
    16-851-06




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

 2  stand repealed on October 2, 2011, unless reviewed and saved

 3  from repeal through reenactment by the Legislature.

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

 5  section 112.3215, Florida Statutes, to read:

 6         112.3215  Lobbyists before the executive branch or the

 7  Constitution Revision Commission; registration and reporting;

 8  investigation by commission.--

 9         (7)

10         (d)  Records relating to the compensation-reporting

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

12  112.32155 are confidential and exempt from s. 119.07(1) and s.

13  24(a), Art. I of the State Constitution, and any meetings held

14  pursuant to an investigation or at which a

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

16  286.011(1) and s. 24(b), Art. I of the State Constitution

17  until the alleged violator requests in writing that such

18  investigation and associated records and meetings be made

19  public or until the commission determines, based on the

20  investigation, whether probable cause exists to believe that a

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

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

23  119.15, and shall stand repealed on October 2, 2011, unless

24  reviewed and saved from repeal through reenactment by the

25  Legislature.

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

27  public necessity to exempt from public-records requirements

28  all user identifications and passwords held by the Division of

29  Legislative Information Services pursuant to s. 11.0455,

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

31  s. 112.32155, Florida Statutes, as created in Senate Bill ____

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    Florida Senate - 2005                                  SB 40-B
    16-851-06




 1  or similar legislation. The public-records exemption is

 2  necessary to ensure accountability for the filing of false or

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

 4  the designated lobbyist and principal, must certify and bear

 5  responsibility for the correctness of each expenditure report

 6  filed with the Division of Legislative Information Services

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

 8  The law uses the physical signatures of such individuals on

 9  the paper reports as evidence of attestation to the veracity

10  of the report. Electronic reporting eliminates the evidentiary

11  advantages of hard-copy signatures by persons submitting

12  reports, so the provisions of law creating the electronic

13  filing system provide for the issuance of secure sign-on

14  information to the individuals designated, and provide that

15  such individuals are responsible for all filing using such

16  sign-on credentials unless they have notified the division or

17  commission, whichever is applicable, that their credentials

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

19  this information, there would be no accountability for

20  lobbying compensation and expenditure reporting.

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

22  necessary to protect against the unwarranted submission of

23  false or erroneous data concerning lobbying compensation and

24  expenditures. Limiting access to the electronic filing system

25  will prevent unauthorized users from changing or submitting

26  false or inaccurate information that could be damaging to the

27  reporting persons and result in fines and penalties being

28  levied against the persons accountable by statute for the

29  veracity of the information.

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

31  necessity to exempt from public-records requirements draft

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    Florida Senate - 2005                                  SB 40-B
    16-851-06




 1  reports and files entered into the electronic filing system by

 2  persons subject to the electronic-reporting requirements until

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

 4  exemption for draft reports and files will allow all lobbying

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

 6  reports and subject the reports to internal verifications to

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

 8  exemption will provide each principal the opportunity to

 9  review and verify the expenditure report of his or her

10  designated lobbyist, especially lobbying expenditures made

11  directly by the principal for which the principal is

12  responsible. Principals are deemed to certify to the accuracy

13  of such expenditures submitted by operation of law pursuant to

14  s. 11.0455 or s. 112.32155, Florida Statutes, whichever is

15  applicable.

16         (4)  The Legislature also finds that this

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

18  to expenditure information compared with current law, which

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

20  designated due date and may result in both mailing and

21  data-entry delays in processing the information to the

22  Internet. Information concerning lobbying compensation is not

23  currently reported at all.

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

25  necessity to exempt from public-records requirements those

26  records that relate to a compensation-reporting audit and the

27  investigation of violations of compensation-reporting laws

28  relating to executive lobbying, and to exempt from

29  open-meetings requirements those meetings that are held

30  pursuant to an investigation at which a compensation-reporting

31  audit is discussed or at which such records are discussed,

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    Florida Senate - 2005                                  SB 40-B
    16-851-06




 1  until the alleged violator requests in writing that the

 2  associated records and materials be made public or until the

 3  Commission on Ethics has made a determination of probable

 4  cause. The release to the public of records and investigative

 5  information in connection with possible violations before the

 6  commission makes a determination of probable cause may have an

 7  adverse effect upon the person who is the subject of the

 8  investigation. Also, making such records and information

 9  available to the public could hamper the commission's ongoing

10  investigation and its ability to gather pertinent documents

11  and information crucial to making a determination of probable

12  cause. Further, the exemption is of limited scope so that the

13  alleged violator's rights are protected while, at the same

14  time, the right of the public to ultimately obtain the

15  information is preserved.

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

17  that Senate Bill ____ or similar legislation takes effect,

18  creating section 11.0455 and section 112.32155, Florida

19  Statutes, to provide for electronic filing of lobbying

20  compensation and expenditure reports, and amending section

21  112.3215, Florida Statutes, to provide for the investigation

22  of possible reporting violations concerning lobbying

23  compensation, if such legislation is enacted in the same

24  legislative session or an extension thereof and becomes law.

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