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36 | Review Act in accordance with s. 119.15 and shall stand repealed |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