HB 7099

1	A bill to be entitled
2	An act relating to public records; amending s. 11.51,
3	F.S.; creating an exemption from public records
4	requirements for work papers held by the Office of Program
5	Policy Analysis and Government Accountability that relate
6	to an authorized project or a research product; providing
7	for retroactive application; providing a statement of
8	public necessity; providing a contingent effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Subsection (7) is added to section 11.51,
13	Florida Statutes, to read:
14	11.51  Office of Program Policy Analysis and Government
15	Accountability.-
16	(7)  Work papers held by the Office of Program Policy
17	Analysis and Government Accountability that relate to an
18	authorized project or a research product are exempt from s.
19	24(a), Art. I of the State Constitution. The exemption applies
20	to work papers held by the Office of Program Policy Analysis and
21	Government Accountability before, on, or after the effective
22	date of the exemption.
23	Section 2.  The Legislature finds that it is a public
24	necessity that certain work papers held by the Office of Program
25	Policy Analysis and Government Accountability (OPPAGA) be made
26	exempt from section 24(a), Article I of the State Constitution.
27	As required by the Legislature, OPPAGA may provide independent
28	evaluative research and objective analyses to promote government
29	accountability and the efficient and effective use of public
30	resources. In order for OPPAGA to accomplish this mission, it is
31	necessary that individuals and businesses share information with
32	OPPAGA staff without concerns of competitive disadvantage,
33	disclosure, or reprisals. Private sector business entities have
34	legitimate concerns that information provided to assist the
35	Legislature in directing policy initiatives will be protected
36	from those in the marketplace who could gain financially from
37	the ability to access information collected by OPPAGA. In
38	addition, supervisors and others often want to know the
39	information given by their employees as part of an OPPAGA
40	project for the Legislature. If such information were available
41	as a public record, fewer people would be willing to provide
42	information needed by the Legislature to evaluate ongoing
43	programs. Also, during the project process, much information is
44	collected that must be validated before it is relied upon by
45	OPPAGA and some information is not validated. Without a public
46	record exemption, any person could inspect and copy the record
47	containing the unverified information and risk placing on the
48	public record unproven allegations that could harm, embarrass,
49	humiliate, or cause serious personal or commercial consequences
50	to the individual or business as a result of their discussions
51	with OPPAGA. Providing a public record exemption for OPPAGA work
52	papers will facilitate the ability of OPPAGA to acquire
53	important project information for the Legislature and protect
54	the public from inappropriate disclosure of proprietary and
55	confidential information and from allegations that may not be
56	proven with further investigation. An exemption of limited
57	duration would not be sufficient to protect the previously
58	identified interests. Thus, the Legislature finds that it is a
59	public necessity to make exempt from the public records
60	requirements of the State Constitution work papers held by
61	OPPAGA that relate to an authorized project or to a research
62	product.
63	Section 3.  This act shall take effect on the same date
64	that SB 1204 or similar legislation takes effect, if such
65	legislation is adopted in the same legislative session, or an
66	extension thereof, and becomes law.

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