Florida Senate - 2011                                    SB 1970
       
       
       
       By Senator Thrasher
       
       
       
       
       8-02099B-11                                           20111970__
    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
    5         Program Policy Analysis and Government Accountability
    6         which relate to an authorized project or a research
    7         product; providing for retroactive application;
    8         providing a statement of public necessity; providing a
    9         contingent effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (7) is added to section 11.51,
   14  Florida Statutes, to read:
   15         11.51 Office of Program Policy Analysis and Government
   16  Accountability.—
   17         (7)Work papers held by the Office of Program Policy
   18  Analysis and Government Accountability which relate to an
   19  authorized project or a research product are exempt from s.
   20  24(a), Art. I of the State Constitution. The exemption applies
   21  to work papers held by the Office of Program Policy Analysis and
   22  Government Accountability before, on, or after the effective
   23  date of the exemption.
   24         Section 2. The Legislature finds that it is a public
   25  necessity that certain work papers held by the Office of Program
   26  Policy Analysis and Government Accountability be made exempt
   27  from s. 24(a), Article I of the State Constitution. The
   28  Legislature created the Office of Program Policy Analysis and
   29  Government Accountability (OPPAGA) in 1994 to provide to the
   30  Legislature and its members an independent resource for
   31  evaluative research and objective analyses to promote
   32  governmental accountability and the efficient and effective use
   33  of public resources. In order for OPPAGA to accomplish its
   34  mission, it is necessary that individuals and businesses share
   35  information with analysts without concerns of competitive
   36  disadvantage, disclosure, or reprisals. Private-sector business
   37  entities have legitimate concerns that information provided to
   38  assist the Legislature in directing policy initiatives has
   39  protection from those in the marketplace who could gain
   40  financially from the ability to access information collected by
   41  OPPAGA. In addition, supervisors and others often need to know
   42  the information given by their employees as part of an OPPAGA
   43  project for the Legislature. If such information were available
   44  as a public record, fewer people would be willing to provide
   45  information needed by the Legislature to evaluate ongoing
   46  programs. Also, during the project process, much information is
   47  collected that must be validated before it is relied upon by the
   48  office and some information is not validated. Without a public
   49  records exemption, any person could inspect and copy the record
   50  containing the unverified information and risk placing on the
   51  public record unproven allegations that could harm, embarrass,
   52  humiliate, or cause serious personal or commercial consequences
   53  to the individual or business as a result of their discussions
   54  with OPPAGA. Providing a public-records exemption for OPPAGA
   55  work papers will facilitate the ability of OPPAGA to acquire
   56  important project information for the Legislature and protect
   57  the public from inappropriate disclosure of proprietary and
   58  confidential information and from allegations that may not be
   59  proven with further investigation. An exemption of limited
   60  duration would not be sufficient to protect the previously
   61  identified interests. Thus, the Legislature finds that it is a
   62  public necessity to make exempt from public-records requirements
   63  work papers held by OPPAGA which relate to an authorized project
   64  or to a research product.
   65         Section 3. This act shall take effect on the same date that
   66  Senate Bill 1204 or similar legislation takes effect, if such
   67  legislation is adopted in the same legislative session, or an
   68  extension thereof, and becomes law.