Florida Senate - 2011                                    SB 2056
       
       
       
       By the Committee on Rules Subcommittee on Ethics and Elections
       
       
       
       
       582-02762-11                                          20112056__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 112.3215, F.S., which
    4         provides exemptions from public-records and public
    5         meeting requirements for records and meetings related
    6         to audits and investigations conducted by the
    7         Commission on Ethics of alleged violations of certain
    8         lobbyist registration and reporting requirements;
    9         saving the exemptions from repeal under the Open
   10         Government Sunset Review Act; removing the scheduled
   11         repeal of the exemptions; providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (8) of section 112.3215, Florida
   16  Statutes, is amended to read:
   17         112.3215 Lobbying before the executive branch or the
   18  Constitution Revision Commission; registration and reporting;
   19  investigation by commission.—
   20         (8)(a) The commission shall investigate every sworn
   21  complaint that is filed with it alleging that a person covered
   22  by this section has failed to register, has failed to submit a
   23  compensation report, or has knowingly submitted false
   24  information in any report or registration required in this
   25  section.
   26         (b) All proceedings, the complaint, and other records
   27  relating to the investigation are confidential and exempt from
   28  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
   29  Constitution, and any meetings held pursuant to an investigation
   30  are exempt from the provisions of s. 286.011(1) and s. 24(b),
   31  Art. I of the State Constitution either until the alleged
   32  violator requests in writing that such investigation and
   33  associated records and meetings be made public or until the
   34  commission determines, based on the investigation, whether
   35  probable cause exists to believe that a violation has occurred.
   36         (c) The commission shall investigate any lobbying firm,
   37  agency, officer, or employee upon receipt of information from a
   38  sworn complaint or from a random audit of lobbying reports
   39  indicating a possible violation other than a late-filed report.
   40         (d) Records relating to an audit conducted pursuant to this
   41  section or an investigation conducted pursuant to this section
   42  or s. 112.32155 are confidential and exempt from s. 119.07(1)
   43  and s. 24(a), Art. I of the State Constitution, and any meetings
   44  held pursuant to such an investigation or at which such an audit
   45  is discussed are exempt from s. 286.011 and s. 24(b), Art. I of
   46  the State Constitution either until the lobbying firm requests
   47  in writing that such investigation and associated records and
   48  meetings be made public or until the commission determines there
   49  is probable cause that the audit reflects a violation of the
   50  reporting laws. This paragraph is subject to the Open Government
   51  Sunset Review Act in accordance with s. 119.15 and shall stand
   52  repealed on October 2, 2011, unless reviewed and saved from
   53  repeal through reenactment by the Legislature.
   54         Section 2. This act shall take effect July 1, 2011.