Senate Bill sb0040Ber
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2005 Legislature SB 40-B, 1st Engrossed
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2 An act relating to public-records and
3 public-meetings exemptions for lobbying;
4 amending s. 112.3215, F.S.; creating a
5 public-records exemption for records relating
6 to an audit of a lobbying firm lobbying the
7 executive branch or the Constitution Revision
8 Commission or an investigation of violations of
9 the lobbying compensation reporting laws for
10 the executive branch or the Constitution
11 Revision Commission; creating a public-meetings
12 exemption for discussions of such records;
13 providing for release of the records under
14 specified conditions; providing for future
15 legislative review and repeal of the
16 exemptions; providing a statement of public
17 necessity; providing a contingent effective
18 date.
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20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Paragraph (d) is added to subsection (8) of
23 section 112.3215, Florida Statutes, as amended by Senate Bill
24 6-B, 2005 Special Session B, or similar legislation adopted in
25 the same legislative session or an extension thereof, to read:
26 112.3215 Lobbying before the executive branch or the
27 Constitution Revision Commission; registration and reporting;
28 investigation by commission.--
29 (8)
30 (d) Records relating to an audit conducted pursuant to
31 this section or an investigation conducted pursuant to this
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1 section or s. 112.32155 are confidential and exempt from s.
2 119.07(1) and s. 24(a), Art. I of the State Constitution, and
3 any meetings held pursuant to such an investigation or at
4 which such an audit is discussed are exempt from s. 286.011
5 and s. 24(b), Art. I of the State Constitution either until
6 the lobbying firm requests in writing that such investigation
7 and associated records and meetings be made public or until
8 the commission determines there is probable cause that the
9 audit reflects a violation of the reporting laws. This
10 paragraph is subject to the Open Government Sunset Review Act
11 in accordance with s. 119.15 and shall stand repealed on
12 October 2, 2011, unless reviewed and saved from repeal through
13 reenactment by the Legislature.
14 Section 2. The Legislature finds that it is a public
15 necessity that records relating to an audit of a lobbying firm
16 lobbying the executive branch or the Constitution Revision
17 Commission or an investigation of violations of the lobbying
18 compensation reporting laws for the executive branch or the
19 Constitution Revision Commission be made confidential and
20 exempt from public-records requirements and that meetings held
21 pursuant to such an investigation or at which such an audit is
22 discussed be made exempt from public-meetings requirements
23 until the alleged violator requests in writing that such
24 records and meetings be made public or the Commission on
25 Ethics determines there is probable cause that the audit
26 reflects a violation of the reporting laws. The disclosure of
27 such records could injure a lobbying firm in the marketplace
28 by providing its competitors with detailed insights into the
29 financial status of the firm, thereby diminishing the
30 advantage that the lobbying firm maintains over those who do
31 not possess such records. Disclosure would create an economic
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2005 Legislature SB 40-B, 1st Engrossed
1 disadvantage for the lobbying firm. In addition, the public
2 release of such records through either a public-records
3 request or a public meeting could cause unwarranted damage to
4 the good name and business reputation of a lobbying firm if a
5 violation of the reporting laws is found not to exist.
6 Further, making such records available to the public could
7 encumber the commission's ongoing investigation and its
8 ability to gather pertinent information crucial to determining
9 whether a violation of the executive lobbying compensation
10 reporting laws exists. The harm to a lobbying firm in the
11 marketplace and to the effective administration of the
12 investigation and audit processes caused by the public
13 disclosure of such records far outweighs the public benefits
14 derived from its release.
15 Section 3. This act shall take effect on January 1,
16 2006, if Senate Bill 6-B or similar legislation is adopted in
17 the same legislative session or an extension thereof and
18 becomes law.
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