| 1 | The Governmental Operations Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act relating to public records; creating s. 21.0195, |
| 8 | F.S.; exempting from public records requirements agency |
| 9 | reports submitted under s. 21.006, F.S.; exempting from |
| 10 | public records requirements records, working papers, and |
| 11 | drafts prepared or maintained in preparing the report |
| 12 | required under s. 21.009, F.S.; providing limitations on |
| 13 | the operation of the exemptions; specifying that |
| 14 | information received by the committee in performing its |
| 15 | duties under ch. 21, F.S., that is confidential or exempt |
| 16 | shall remain confidential or exempt; providing for future |
| 17 | legislative review and repeal; providing a statement of |
| 18 | public 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. Section 21.0195, Florida Statutes, is created |
| 23 | to read: |
| 24 | 21.0195 Committee records; exemption from public |
| 25 | disclosure.-- |
| 26 | (1) The following records are exempt from s. 119.07(1) and |
| 27 | s. 24(a), Art. I of the State Constitution: |
| 28 | (a) The agency report submitted under s. 21.006. |
| 29 | (b) All records, including working papers and drafts, |
| 30 | prepared or maintained by the committee in order to prepare the |
| 31 | committee report required under s. 21.009. |
| 32 | (2) The exemptions in subsection (1) shall cease to |
| 33 | operate: |
| 34 | (a) Six months after the date the report is presented as |
| 35 | required under s. 21.009. |
| 36 | (b) If the agency report or the records described in |
| 37 | subsection (1) are provided by a member or legislative employee |
| 38 | of the committee to any person other than a member of the |
| 39 | committee, an employee of the Legislature, a member of the |
| 40 | Legislature who is a supervisor of a legislative employee, a |
| 41 | contract employee or consultant retained by the Legislature, or |
| 42 | an officer of the Legislature. |
| 43 | (3) A record held by another entity that is confidential |
| 44 | or exempt by law and that the committee receives in connection |
| 45 | with the performance of its duties under this chapter remains |
| 46 | confidential or exempt from s. 119.07(1) and s. 24(a), Art. I of |
| 47 | the State Constitution. |
| 48 | (4) This section is subject to the Open Government Sunset |
| 49 | Review Act in accordance with s. 119.15 and shall stand repealed |
| 50 | on October 2, 2011, unless reviewed and saved from repeal |
| 51 | through reenactment by the Legislature. |
| 52 | Section 2. The Legislature finds that it is a public |
| 53 | necessity that the agency report submitted under s. 21.006, |
| 54 | Florida Statutes, and the records, including working papers and |
| 55 | drafts, prepared or maintained by the Legislative Sunset |
| 56 | Advisory Committee in presenting the report required under s. |
| 57 | 21.009, Florida Statutes, be made exempt from public records |
| 58 | requirements. The Legislature finds that the release of the |
| 59 | information would hinder the ability of the committee to conduct |
| 60 | its evaluation and prepare its report on whether to abolish a |
| 61 | state agency and its advisory committees because the agency, |
| 62 | employees, and other interested persons might be reluctant to |
| 63 | provide information knowing that the information would |
| 64 | immediately be public and could potentially affect the |
| 65 | operation, employment, or other dealings at the agency under |
| 66 | review. Protecting the information would help the committee |
| 67 | complete a more thorough and reliable evaluation and, therefore, |
| 68 | make a better recommendation as to whether or not to terminate a |
| 69 | state agency and its advisory committees. |
| 70 | Section 3. This act shall take effect July 1, 2006, if |
| 71 | House Bill 1123 or similar legislation is adopted in the same |
| 72 | legislative session or an extension thereof and becomes law. |