HB 1125CS

CHAMBER ACTION




1The State Administration Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to public records; creating s. 21.0195,
7F.S.; exempting from public records requirements working
8papers, including all documentary or other information,
9prepared or maintained by the Legislative Sunset Advisory
10Committee in performing its duties under ch. 21, F.S., to
11conduct an evaluation and prepare a report; specifying
12that information received for such purpose that is
13confidential and exempt shall remain confidential and
14exempt; providing for future legislative review and
15repeal; providing a statement of public necessity;
16providing a contingent effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Section 21.0195, Florida Statutes, is created
21to read:
22     21.0195  Confidentiality of information to conduct an
23evaluation and prepare a report.--
24     (1)  A working paper, including all documentary or other
25information, prepared or maintained by the committee in
26performing its duties under this chapter to conduct an
27evaluation and prepare a report is exempt from the provisions of
28s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
29     (2)  A record held by another entity that is considered to
30be confidential and exempt by law and that the committee
31receives in connection with the performance of the committee's
32functions under this chapter remains confidential and exempt
33from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
34State Constitution.
35     (3)  This section is subject to the Open Government Sunset
36Review Act in accordance with s. 119.15 and shall stand repealed
37on October 2, 2011, unless reviewed and saved from repeal
38through reenactment by the Legislature.
39     Section 2.  The Legislature finds that it is a public
40necessity that the working papers, including all documentary or
41other information, prepared or maintained by the Legislative
42Sunset Advisory Committee in performing its duties under chapter
4321, Florida Statutes, to conduct an evaluation and prepare a
44report on whether to abolish a state agency and its advisory
45committees as defined in s. 21.002, Florida Statutes, be made
46exempt from public records requirements. The Legislature finds
47that the release of such information would hinder the ability of
48the committee to conduct its evaluation and prepare its report
49on whether to abolish a state agency and its advisory committees
50because employees and other interested persons might be
51reluctant to provide information knowing that the information
52would be public and could potentially affect their employment or
53other dealings with the agency under review. Protecting such
54information would help the committee complete a more thorough
55and reliable evaluation and therefore make a better
56recommendation as to whether or not to terminate a state agency
57and its advisory committees.
58     Section 3.  This act shall take effect July 1, 2006, if
59House Bill 1123 or similar legislation is adopted in the same
60legislative session or an extension thereof and becomes law.


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