Senate Bill sb0040Ber

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    2005 Legislature                        SB 40-B, 1st Engrossed



  1                                 

  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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    2005 Legislature                        SB 40-B, 1st Engrossed



 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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    ENROLLED

    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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