| 1 | The State Administration Council recommends the following: | 
| 2 | 
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| 3 | Council/Committee Substitute | 
| 4 | Remove the entire bill and insert: | 
| 5 | A bill to be entitled | 
| 6 | An act relating to public records and public meetings | 
| 7 | exemptions for lobbying; amending s. 112.3215, F.S.; | 
| 8 | creating a public records exemption for records relating | 
| 9 | to an audit of a lobbying firm lobbying the executive | 
| 10 | branch or the Constitution Revision Commission or an | 
| 11 | investigation of violations of the lobbying compensation | 
| 12 | reporting laws for the executive branch or the | 
| 13 | Constitution Revision Commission; creating a public | 
| 14 | meetings exemption for discussions of such records; | 
| 15 | providing for release of the records under specified | 
| 16 | conditions; providing for future legislative review and | 
| 17 | repeal of the exemptions; providing a statement of public | 
| 18 | necessity; providing a contingent effective date. | 
| 19 | 
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| 20 | Be It Enacted by the Legislature of the State of Florida: | 
| 21 | 
 | 
| 22 | Section 1.  Paragraph (d) is added to subsection (8) of | 
| 23 | section 112.3215, Florida Statutes, as amended by House Bill | 
| 24 | 63B, 2005 Special Session B, or similar legislation adopted in | 
| 25 | the same legislative session or an extension thereof, to read: | 
| 26 | 112.3215  Lobbying before the executive branch or the | 
| 27 | Constitution Revision Commission; registration and reporting; | 
| 28 | investigation by commission.-- | 
| 29 | (8) | 
| 30 | (d)  Records relating to an audit conducted pursuant to | 
| 31 | this section or an investigation conducted pursuant to this | 
| 32 | section or s. 112.32155 are confidential and exempt from s. | 
| 33 | 119.07(1) and s. 24(a), Art. I of the State Constitution, and | 
| 34 | any meetings held pursuant to such an investigation or at which | 
| 35 | such an audit is discussed are exempt from s. 286.011 and s. | 
| 36 | 24(b), Art. I of the State Constitution either until the | 
| 37 | lobbying firm requests in writing that such investigation and | 
| 38 | associated records and meetings be made public or until the | 
| 39 | commission determines there is probable cause that the audit | 
| 40 | reflects a violation of the reporting laws. This paragraph is | 
| 41 | subject to the Open Government Sunset Review Act in accordance | 
| 42 | with s. 119.15 and shall stand repealed on October 2, 2011, | 
| 43 | unless reviewed and saved from repeal through reenactment by the | 
| 44 | Legislature. | 
| 45 | Section 2.  The Legislature finds that it is a public | 
| 46 | necessity that records relating to an audit of a lobbying firm | 
| 47 | lobbying the executive branch or the Constitution Revision | 
| 48 | Commission or an investigation of violations of the lobbying | 
| 49 | compensation reporting laws for the executive branch or the | 
| 50 | Constitution Revision Commission be made confidential and exempt | 
| 51 | from public records requirements and that meetings held pursuant | 
| 52 | to such an investigation or at which such an audit is discussed | 
| 53 | be made exempt from public meetings requirements until the | 
| 54 | alleged violator requests in writing that such records and | 
| 55 | meetings be made public or the Commission on Ethics determines | 
| 56 | there is probable cause that the audit reflects a violation of | 
| 57 | the reporting laws. The disclosure of such records could injure | 
| 58 | a lobbying firm in the marketplace by providing its competitors | 
| 59 | with detailed insights into the financial status of the firm, | 
| 60 | thereby diminishing the advantage that the lobbying firm | 
| 61 | maintains over those who do not possess such records. Disclosure | 
| 62 | would create an economic disadvantage for the lobbying firm. In | 
| 63 | addition, the public release of such records through either a | 
| 64 | public records request or a public meeting could cause | 
| 65 | unwarranted damage to the good name and business reputation of a | 
| 66 | lobbying firm if a violation of the reporting laws is found not | 
| 67 | to exist. Further, making such records available to the public | 
| 68 | could encumber the commission's ongoing investigation and its | 
| 69 | ability to gather pertinent information crucial to determining | 
| 70 | whether a violation of the executive lobbying compensation | 
| 71 | reporting laws exists. The harm to a lobbying firm in the | 
| 72 | marketplace and to the effective administration of the | 
| 73 | investigation and audit processes caused by the public | 
| 74 | disclosure of such records far outweighs the public benefits | 
| 75 | derived from its release. | 
| 76 | Section 3.  This act shall take effect on January 1, 2006, | 
| 77 | if House Bill 63B or similar legislation is adopted in the same | 
| 78 | legislative session or an extension thereof and becomes law. |