| 1 | The State Administration Council recommends the following: |
| 2 |
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| 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 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 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. |