| 1 | A bill to be entitled |
| 2 | An act relating to public records; creating s. 21.0195, |
| 3 | F.S.; exempting from public records requirements working |
| 4 | papers, including all documentary or other information, |
| 5 | prepared or maintained by the Legislative Sunset Advisory |
| 6 | Committee in performing its duties under ch. 21, F.S., to |
| 7 | conduct an evaluation and prepare a report; specifying |
| 8 | that information received for such purpose that is |
| 9 | confidential and exempt shall remain confidential and |
| 10 | exempt; providing for future legislative review and |
| 11 | repeal; providing a statement of public necessity; |
| 12 | providing a contingent effective date. |
| 13 |
|
| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
|
| 16 | Section 1. Section 21.0195, Florida Statutes, is created |
| 17 | to read: |
| 18 | 21.0195 Confidentiality of information to conduct an |
| 19 | evaluation and prepare a report.-- |
| 20 | (1) A working paper, including all documentary or other |
| 21 | information, prepared or maintained by the committee in |
| 22 | performing its duties under this chapter to conduct an |
| 23 | evaluation and prepare a report is exempt from the provisions of |
| 24 | s. 119.07(1) and s. 24(a), Art. I of the State Constitution. |
| 25 | (2) A record held by another entity that is considered to |
| 26 | be confidential and exempt by law and that the committee |
| 27 | receives in connection with the performance of the committee's |
| 28 | functions under this chapter remains confidential and exempt |
| 29 | from the provisions of s. 119.07(1) and s. 24(a), Art. I of the |
| 30 | State Constitution. |
| 31 | (3) This section is subject to the Open Government Sunset |
| 32 | Review Act of 1995 in accordance with s. 119.15 and shall stand |
| 33 | repealed on October 2, 2011, unless reviewed and saved from |
| 34 | repeal through reenactment by the Legislature. |
| 35 | Section 2. The Legislature finds that it is a public |
| 36 | necessity that the working papers, including all documentary or |
| 37 | other information, prepared or maintained by the Legislative |
| 38 | Sunset Advisory Committee in performing its duties under chapter |
| 39 | 21, Florida Statutes, to conduct an evaluation and prepare a |
| 40 | report on whether to abolish a state agency and its advisory |
| 41 | committees as defined in s. 21.002, Florida Statutes, be made |
| 42 | exempt from public records requirements. The Legislature finds |
| 43 | that the release of such information would hinder the ability of |
| 44 | the committee to conduct its evaluation and prepare its report |
| 45 | on whether to abolish a state agency and its advisory committees |
| 46 | because employees and other interested persons might be |
| 47 | reluctant to provide information knowing that the information |
| 48 | would be public and could potentially affect their employment or |
| 49 | other dealings with the agency under review. Protecting such |
| 50 | information would help the committee complete a more thorough |
| 51 | and reliable evaluation and therefore make a better |
| 52 | recommendation as to whether or not to terminate a state agency |
| 53 | and its advisory committees. |
| 54 | Section 3. This act shall take effect July 1, 2006, if |
| 55 | House Bill 1123 or similar legislation is adopted in the same |
| 56 | legislative session or an extension thereof and becomes law. |