| 1 | A bill to be entitled |
| 2 | An act relating to public records and public meetings |
| 3 | exemptions for lobbying; amending s. 112.3215, F.S.; |
| 4 | creating a public records exemption for records relating |
| 5 | to an audit of a lobbying firm lobbying the executive |
| 6 | branch or the Constitution Revision Commission or an |
| 7 | investigation of violations of the lobbying compensation |
| 8 | reporting laws for the executive branch or the |
| 9 | Constitution Revision Commission; creating a public |
| 10 | meetings exemption for discussions of such records; |
| 11 | providing for release of the records under specified |
| 12 | conditions; providing for future legislative review and |
| 13 | repeal of the exemptions; providing a statement of public |
| 14 | necessity; providing a contingent effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Paragraph (d) is added to subsection (8) of |
| 19 | section 112.3215, Florida Statutes, as amended by House Bill |
| 20 | 63B, 2005 Special Session B, or similar legislation adopted in |
| 21 | the same legislative session or an extension thereof, to read: |
| 22 | 112.3215 Lobbying before the executive branch or the |
| 23 | Constitution Revision Commission; registration and reporting; |
| 24 | investigation by commission.-- |
| 25 | (8) |
| 26 | (d) Records relating to an audit conducted pursuant to |
| 27 | this section or an investigation conducted pursuant to this |
| 28 | section or s. 112.32155 are confidential and exempt from s. |
| 29 | 119.07(1) and s. 24(a), Art. I of the State Constitution, and |
| 30 | any meetings held pursuant to such an investigation or at which |
| 31 | such an audit is discussed are exempt from s. 286.011(1) and s. |
| 32 | 24(b), Art. I of the State Constitution either until the |
| 33 | lobbying firm requests in writing that such investigation and |
| 34 | associated records and meetings be made public or until the |
| 35 | commission determines there is probable cause that the audit |
| 36 | reflects a substantial violation of the reporting laws. This |
| 37 | paragraph is subject to the Open Government Sunset Review Act in |
| 38 | accordance with s. 119.15 and shall stand repealed on October 2, |
| 39 | 2011, unless reviewed and saved from repeal through reenactment |
| 40 | by the Legislature. |
| 41 | Section 2. The Legislature finds that it is a public |
| 42 | necessity that records relating to an audit of a lobbying firm |
| 43 | lobbying the executive branch or the Constitution Revision |
| 44 | Commission or an investigation of violations of the lobbying |
| 45 | compensation reporting laws for the executive branch or the |
| 46 | Constitution Revision Commission be made confidential and exempt |
| 47 | from public records requirements and that meetings held pursuant |
| 48 | to such an investigation or at which such an audit is discussed |
| 49 | be made exempt from public meetings requirements until the |
| 50 | alleged violator requests in writing that such associated |
| 51 | records be made public or the Commission on Ethics determines |
| 52 | that the audit reflects a substantial violation of the reporting |
| 53 | laws. The disclosure of such records could substantially injure |
| 54 | a lobbying firm in the marketplace by providing its competitors |
| 55 | with detailed insights into the financial status of the firm, |
| 56 | thereby diminishing the advantage that the lobbying firm |
| 57 | maintains over those who do not possess such records. Disclosure |
| 58 | would create an economic disadvantage for the lobbying firm. In |
| 59 | addition, the public release of such records through either a |
| 60 | public records request or a public meeting could cause |
| 61 | unwarranted damage to the good name and business reputation of a |
| 62 | lobbying firm if a substantial violation of the reporting laws |
| 63 | is found not to exist. Further, making such records available to |
| 64 | the public could encumber the commission's ongoing investigation |
| 65 | and its ability to gather pertinent information crucial to |
| 66 | determining whether a violation of the executive lobbying |
| 67 | compensation reporting laws exists. The harm to a lobbying firm |
| 68 | in the marketplace and to the effective administration of the |
| 69 | investigation and audit processes caused by the public |
| 70 | disclosure of such records far outweighs the public benefits |
| 71 | derived from its release. |
| 72 | Section 3. This act shall take effect on January 1, 2006, |
| 73 | if House Bill 63B or similar legislation is adopted in the same |
| 74 | legislative session or an extension thereof and becomes law. |