HB 65B

1
A bill to be entitled
2An act relating to public records and public meetings
3exemptions for lobbying; amending s. 112.3215, F.S.;
4creating a public records exemption for records relating
5to an audit of a lobbying firm lobbying the executive
6branch or the Constitution Revision Commission or an
7investigation of violations of the lobbying compensation
8reporting laws for the executive branch or the
9Constitution Revision Commission; creating a public
10meetings exemption for discussions of such records;
11providing for release of the records under specified
12conditions; providing for future legislative review and
13repeal of the exemptions; providing a statement of public
14necessity; providing a contingent effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Paragraph (d) is added to subsection (8) of
19section 112.3215, Florida Statutes, as amended by House Bill
2063B, 2005 Special Session B, or similar legislation adopted in
21the same legislative session or an extension thereof, to read:
22     112.3215  Lobbying before the executive branch or the
23Constitution Revision Commission; registration and reporting;
24investigation by commission.--
25     (8)
26     (d)  Records relating to an audit conducted pursuant to
27this section or an investigation conducted pursuant to this
28section or s. 112.32155 are confidential and exempt from s.
29119.07(1) and s. 24(a), Art. I of the State Constitution, and
30any meetings held pursuant to such an investigation or at which
31such an audit is discussed are exempt from s. 286.011 and s.
3224(b), Art. I of the State Constitution either until the
33lobbying firm requests in writing that such investigation and
34associated records and meetings be made public or until the
35commission determines there is probable cause that the audit
36reflects a violation of the reporting laws. This paragraph is
37subject to the Open Government Sunset Review Act in accordance
38with s. 119.15 and shall stand repealed on October 2, 2011,
39unless reviewed and saved from repeal through reenactment by the
40Legislature.
41     Section 2.  The Legislature finds that it is a public
42necessity that records relating to an audit of a lobbying firm
43lobbying the executive branch or the Constitution Revision
44Commission or an investigation of violations of the lobbying
45compensation reporting laws for the executive branch or the
46Constitution Revision Commission be made confidential and exempt
47from public records requirements and that meetings held pursuant
48to such an investigation or at which such an audit is discussed
49be made exempt from public meetings requirements until the
50alleged violator requests in writing that such records and
51meetings be made public or the Commission on Ethics determines
52there is probable cause that the audit reflects a violation of
53the reporting laws. The disclosure of such records could injure
54a lobbying firm in the marketplace by providing its competitors
55with detailed insights into the financial status of the firm,
56thereby diminishing the advantage that the lobbying firm
57maintains over those who do not possess such records. Disclosure
58would create an economic disadvantage for the lobbying firm. In
59addition, the public release of such records through either a
60public records request or a public meeting could cause
61unwarranted damage to the good name and business reputation of a
62lobbying firm if a violation of the reporting laws is found not
63to exist. Further, making such records available to the public
64could encumber the commission's ongoing investigation and its
65ability to gather pertinent information crucial to determining
66whether a violation of the executive lobbying compensation
67reporting laws exists. The harm to a lobbying firm in the
68marketplace and to the effective administration of the
69investigation and audit processes caused by the public
70disclosure of such records far outweighs the public benefits
71derived from its release.
72     Section 3.  This act shall take effect on January 1, 2006,
73if House Bill 63B or similar legislation is adopted in the same
74legislative session or an extension thereof and becomes law.


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