1 | The State Administration Council recommends the following: |
2 |
|
3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to public records and public meetings |
7 | exemptions for lobbying; amending s. 112.3215, F.S.; |
8 | creating a public records exemption for records relating |
9 | to an audit of a lobbying firm lobbying the executive |
10 | branch or the Constitution Revision Commission or an |
11 | investigation of violations of the lobbying compensation |
12 | reporting laws for the executive branch or the |
13 | Constitution Revision Commission; creating a public |
14 | meetings exemption for discussions of such records; |
15 | providing for release of the records under specified |
16 | conditions; providing for future legislative review and |
17 | repeal of the exemptions; providing a statement of public |
18 | necessity; providing a contingent effective date. |
19 |
|
20 | Be It Enacted by the Legislature of the State of Florida: |
21 |
|
22 | Section 1. Paragraph (d) is added to subsection (8) of |
23 | section 112.3215, Florida Statutes, as amended by House Bill |
24 | 63B, 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 |
32 | section or s. 112.32155 are confidential and exempt from s. |
33 | 119.07(1) and s. 24(a), Art. I of the State Constitution, and |
34 | any meetings held pursuant to such an investigation or at which |
35 | such an audit is discussed are exempt from s. 286.011 and s. |
36 | 24(b), Art. I of the State Constitution either until the |
37 | lobbying firm requests in writing that such investigation and |
38 | associated records and meetings be made public or until the |
39 | commission determines there is probable cause that the audit |
40 | reflects a violation of the reporting laws. This paragraph is |
41 | subject to the Open Government Sunset Review Act in accordance |
42 | with s. 119.15 and shall stand repealed on October 2, 2011, |
43 | unless reviewed and saved from repeal through reenactment by the |
44 | Legislature. |
45 | Section 2. The Legislature finds that it is a public |
46 | necessity that records relating to an audit of a lobbying firm |
47 | lobbying the executive branch or the Constitution Revision |
48 | Commission or an investigation of violations of the lobbying |
49 | compensation reporting laws for the executive branch or the |
50 | Constitution Revision Commission be made confidential and exempt |
51 | from public records requirements and that meetings held pursuant |
52 | to such an investigation or at which such an audit is discussed |
53 | be made exempt from public meetings requirements until the |
54 | alleged violator requests in writing that such records and |
55 | meetings be made public or the Commission on Ethics determines |
56 | there is probable cause that the audit reflects a violation of |
57 | the reporting laws. The disclosure of such records could injure |
58 | a lobbying firm in the marketplace by providing its competitors |
59 | with detailed insights into the financial status of the firm, |
60 | thereby diminishing the advantage that the lobbying firm |
61 | maintains over those who do not possess such records. Disclosure |
62 | would create an economic disadvantage for the lobbying firm. In |
63 | addition, the public release of such records through either a |
64 | public records request or a public meeting could cause |
65 | unwarranted damage to the good name and business reputation of a |
66 | lobbying firm if a violation of the reporting laws is found not |
67 | to exist. Further, making such records available to the public |
68 | could encumber the commission's ongoing investigation and its |
69 | ability to gather pertinent information crucial to determining |
70 | whether a violation of the executive lobbying compensation |
71 | reporting laws exists. The harm to a lobbying firm in the |
72 | marketplace and to the effective administration of the |
73 | investigation and audit processes caused by the public |
74 | disclosure of such records far outweighs the public benefits |
75 | derived from its release. |
76 | Section 3. This act shall take effect on January 1, 2006, |
77 | if House Bill 63B or similar legislation is adopted in the same |
78 | legislative session or an extension thereof and becomes law. |