1 | A bill to be entitled |
2 | An act relating to public records and public meetings |
3 | exemptions for lobbying; amending s. 112.3215, F.S.; |
4 | creating a public records exemption for records relating |
5 | to an audit of a lobbying firm lobbying the executive |
6 | branch or the Constitution Revision Commission or an |
7 | investigation of violations of the lobbying compensation |
8 | reporting laws for the executive branch or the |
9 | Constitution Revision Commission; creating a public |
10 | meetings exemption for discussions of such records; |
11 | providing for release of the records under specified |
12 | conditions; providing for future legislative review and |
13 | repeal of the exemptions; providing a statement of public |
14 | necessity; providing a contingent effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Paragraph (d) is added to subsection (8) of |
19 | section 112.3215, Florida Statutes, as amended by House Bill |
20 | 63B, 2005 Special Session B, or similar legislation adopted in |
21 | the same legislative session or an extension thereof, to read: |
22 | 112.3215 Lobbying before the executive branch or the |
23 | Constitution Revision Commission; registration and reporting; |
24 | investigation by commission.-- |
25 | (8) |
26 | (d) Records relating to an audit conducted pursuant to |
27 | this section or an investigation conducted pursuant to this |
28 | section or s. 112.32155 are confidential and exempt from s. |
29 | 119.07(1) and s. 24(a), Art. I of the State Constitution, and |
30 | any meetings held pursuant to such an investigation or at which |
31 | such an audit is discussed are exempt from s. 286.011 and s. |
32 | 24(b), Art. I of the State Constitution either until the |
33 | lobbying firm requests in writing that such investigation and |
34 | associated records and meetings be made public or until the |
35 | commission determines there is probable cause that the audit |
36 | reflects a violation of the reporting laws. This paragraph is |
37 | subject to the Open Government Sunset Review Act in accordance |
38 | with s. 119.15 and shall stand repealed on October 2, 2011, |
39 | unless reviewed and saved from repeal through reenactment by the |
40 | Legislature. |
41 | Section 2. The Legislature finds that it is a public |
42 | necessity that records relating to an audit of a lobbying firm |
43 | lobbying the executive branch or the Constitution Revision |
44 | Commission or an investigation of violations of the lobbying |
45 | compensation reporting laws for the executive branch or the |
46 | Constitution Revision Commission be made confidential and exempt |
47 | from public records requirements and that meetings held pursuant |
48 | to such an investigation or at which such an audit is discussed |
49 | be made exempt from public meetings requirements until the |
50 | alleged violator requests in writing that such records and |
51 | meetings be made public or the Commission on Ethics determines |
52 | there is probable cause that the audit reflects a violation of |
53 | the reporting laws. The disclosure of such records could injure |
54 | a lobbying firm in the marketplace by providing its competitors |
55 | with detailed insights into the financial status of the firm, |
56 | thereby diminishing the advantage that the lobbying firm |
57 | maintains over those who do not possess such records. Disclosure |
58 | would create an economic disadvantage for the lobbying firm. In |
59 | addition, the public release of such records through either a |
60 | public records request or a public meeting could cause |
61 | unwarranted damage to the good name and business reputation of a |
62 | lobbying firm if a violation of the reporting laws is found not |
63 | to exist. Further, making such records available to the public |
64 | could encumber the commission's ongoing investigation and its |
65 | ability to gather pertinent information crucial to determining |
66 | whether a violation of the executive lobbying compensation |
67 | reporting laws exists. The harm to a lobbying firm in the |
68 | marketplace and to the effective administration of the |
69 | investigation and audit processes caused by the public |
70 | disclosure of such records far outweighs the public benefits |
71 | derived from its release. |
72 | Section 3. This act shall take effect on January 1, 2006, |
73 | if House Bill 63B or similar legislation is adopted in the same |
74 | legislative session or an extension thereof and becomes law. |