Senate Bill sb1562

    Florida Senate - 2001                                  SB 1562

    By Senator Burt





    16-636-01

  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from public records requirements for

  4         information submitted by members of the tobacco

  5         industry for purposes of calculating the annual

  6         tobacco-settlement payments; providing for

  7         future review and repeal; providing a finding

  8         of public necessity; providing a contingent

  9         effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Representations from members of the tobacco

14  industry which are submitted to the Comptroller under section

15  569.21, Florida Statutes, for purposes of calculating the

16  annual tobacco-settlement payments are confidential and exempt

17  from section 119.07(1), Florida Statutes, and Section 24(a),

18  Article I of the State Constitution. This exemption is subject

19  to the Open Government Sunset Review Act of 1995 in accordance

20  with section 119.15, Florida Statutes, and shall stand

21  repealed on October 2, 2006, unless reviewed and saved from

22  repeal through reenactment by the Legislature.

23         Section 2.  Effective January 7, 2003, section 1 of

24  this act is amended to read:

25         Section 1.  Representations from members of the tobacco

26  industry which are submitted to the Chief Financial Officer

27  Comptroller under section 569.21, Florida Statutes, for

28  purposes of calculating the annual tobacco-settlement payments

29  are confidential and exempt from section 119.07(1), Florida

30  Statutes, and Section 24(a), Article I of the State

31  Constitution. This exemption is subject to the Open Government

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






    Florida Senate - 2001                                  SB 1562
    16-636-01




  1  Sunset Review Act of 1995 in accordance with section 119.15,

  2  Florida Statutes, and shall stand repealed on October 2, 2006,

  3  unless reviewed and saved from repeal through reenactment by

  4  the Legislature.

  5         Section 3.  The Legislature finds that the exemption

  6  from the public records law provided by this act is a public

  7  necessity because disclosure of the representations from the

  8  tobacco industry which are used to calculate the annual

  9  payments to the state may harm the competitive standing of

10  companies within the tobacco industry. The Legislature further

11  finds that if such information is disclosed, tobacco companies

12  would be disinclined to provide to the state a full and

13  accurate report of information that is required for purposes

14  of calculating and verifying the annual tobacco-settlement

15  payments.

16         Section 4.  Except as otherwise expressly provided in

17  this act, this act shall take effect on the same date that

18  Senate Bill ___, or similar legislation providing for the

19  reporting and verifying of information from the tobacco

20  industry, takes effect, if such legislation is adopted in the

21  same legislative session or an extension thereof.

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24                          SENATE SUMMARY

25    Provides an exemption from public records requirements
      for information used to calculate the annual
26    tobacco-settlement payments. Provides for future review
      and repeal.
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CODING: Words stricken are deletions; words underlined are additions.