HB 0065BCS

CHAMBER ACTION




1The State Administration Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to public records and public meetings
7exemptions for lobbying; amending s. 112.3215, F.S.;
8creating a public records exemption for records relating
9to an audit of a lobbying firm lobbying the executive
10branch or the Constitution Revision Commission or an
11investigation of violations of the lobbying compensation
12reporting laws for the executive branch or the
13Constitution Revision Commission; creating a public
14meetings exemption for discussions of such records;
15providing for release of the records under specified
16conditions; providing for future legislative review and
17repeal of the exemptions; providing a statement of public
18necessity; providing a contingent effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Paragraph (d) is added to subsection (8) of
23section 112.3215, Florida Statutes, as amended by House Bill
2463B, 2005 Special Session B, or similar legislation adopted in
25the same legislative session or an extension thereof, to read:
26     112.3215  Lobbying before the executive branch or the
27Constitution Revision Commission; registration and reporting;
28investigation by commission.--
29     (8)
30     (d)  Records relating to an audit conducted pursuant to
31this section or an investigation conducted pursuant to this
32section or s. 112.32155 are confidential and exempt from s.
33119.07(1) and s. 24(a), Art. I of the State Constitution, and
34any meetings held pursuant to such an investigation or at which
35such an audit is discussed are exempt from s. 286.011 and s.
3624(b), Art. I of the State Constitution either until the
37lobbying firm requests in writing that such investigation and
38associated records and meetings be made public or until the
39commission determines there is probable cause that the audit
40reflects a violation of the reporting laws. This paragraph is
41subject to the Open Government Sunset Review Act in accordance
42with s. 119.15 and shall stand repealed on October 2, 2011,
43unless reviewed and saved from repeal through reenactment by the
44Legislature.
45     Section 2.  The Legislature finds that it is a public
46necessity that records relating to an audit of a lobbying firm
47lobbying the executive branch or the Constitution Revision
48Commission or an investigation of violations of the lobbying
49compensation reporting laws for the executive branch or the
50Constitution Revision Commission be made confidential and exempt
51from public records requirements and that meetings held pursuant
52to such an investigation or at which such an audit is discussed
53be made exempt from public meetings requirements until the
54alleged violator requests in writing that such records and
55meetings be made public or the Commission on Ethics determines
56there is probable cause that the audit reflects a violation of
57the reporting laws. The disclosure of such records could injure
58a lobbying firm in the marketplace by providing its competitors
59with detailed insights into the financial status of the firm,
60thereby diminishing the advantage that the lobbying firm
61maintains over those who do not possess such records. Disclosure
62would create an economic disadvantage for the lobbying firm. In
63addition, the public release of such records through either a
64public records request or a public meeting could cause
65unwarranted damage to the good name and business reputation of a
66lobbying firm if a violation of the reporting laws is found not
67to exist. Further, making such records available to the public
68could encumber the commission's ongoing investigation and its
69ability to gather pertinent information crucial to determining
70whether a violation of the executive lobbying compensation
71reporting laws exists. The harm to a lobbying firm in the
72marketplace and to the effective administration of the
73investigation and audit processes caused by the public
74disclosure of such records far outweighs the public benefits
75derived from its release.
76     Section 3.  This act shall take effect on January 1, 2006,
77if House Bill 63B or similar legislation is adopted in the same
78legislative session or an extension thereof and becomes law.


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