HB 4005

1	A bill to be entitled
2	An act relating to legislative records; amending s.
3	11.0431, F.S.; deleting provisions exempting from public
4	disclosure certain records or information held by the
5	legislative branch and certain legislative draft documents
6	and requests for those documents or advisory opinions;
7	providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Subsection (2) of section 11.0431, Florida
12	Statutes, is amended to read:
13	11.0431  Legislative records; intent of legislation;
14	exemption from public disclosure.-
15	(2)  The following public records are exempt from
16	inspection and copying:
17	(a)  Records, or information contained therein, held by the
18	legislative branch of government which, if held by an agency as
19	defined in s. 119.011, or any other unit of government, would be
20	confidential or exempt from the provisions of s. 119.07(1), or
21	otherwise exempt from public disclosure, and records or
22	information of the same type held by the Legislature.
23	(a)(b)  A formal complaint about a member or officer of the
24	Legislature or about a lobbyist and the records relating to the
25	complaint, until the complaint is dismissed, a determination as
26	to probable cause has been made, a determination that there are
27	sufficient grounds for review has been made and no probable
28	cause panel is to be appointed, or the respondent has requested
29	in writing that the President of the Senate or the Speaker of
30	the House of Representatives make public the complaint or other
31	records relating to the complaint, whichever occurs first.
32	(c)  A legislatively produced draft, and a legislative
33	request for a draft, of a bill, resolution, memorial, or
34	legislative rule, and an amendment thereto, which is not
35	provided to any person other than the member or members who
36	requested the draft, an employee of the Legislature, a member of
37	the Legislature who is a supervisor of the legislative employee,
38	a contract employee or consultant retained by the Legislature,
39	or an officer of the Legislature.
40	(d)  A draft of a bill analysis or fiscal note until the
41	bill analysis or fiscal note is provided to a person other than
42	an employee of the Legislature, a contract employee or
43	consultant retained by the Legislature, or an officer of the
44	Legislature.
45	(e)  A draft, and a request for a draft, of a
46	reapportionment plan or redistricting plan and an amendment
47	thereto. Any supporting documents associated with such plan or
48	amendment until a bill implementing the plan, or the amendment,
49	is filed.
50	(b)(f)  Records prepared for or used in executive sessions
51	of the Senate until 10 years after the date on which the
52	executive session was held.
53	(c)(g)  Portions of records of former legislative
54	investigating committees whose records are sealed or
55	confidential as of June 30, 1993, which may reveal the identity
56	of any witness, any person who was a subject of the inquiry, or
57	any person referred to in testimony, documents, or evidence
58	retained in the committee's records; however, this exemption
59	does not apply to a member of the committee, its staff, or any
60	public official who was not a subject of the inquiry.
61	(h)  Requests by members for an advisory opinion concerning
62	the application of the rules of either house pertaining to
63	ethics, unless the member requesting the opinion authorizes in
64	writing the release of such information. All advisory opinions
65	shall be open to inspection except that the identity of the
66	member shall not be disclosed in the opinion unless the member
67	requesting the opinion authorizes in writing the release of such
68	information.
69	(d)(i)  Portions of correspondence held by the legislative
70	branch which, if disclosed, would reveal: information otherwise
71	exempt from disclosure by law; an individual's medical
72	treatment, history, or condition; the identity or location of an
73	individual if there is a substantial likelihood that releasing
74	such information would jeopardize the health or safety of that
75	individual; or information regarding physical abuse, child
76	abuse, spouse abuse, or abuse of the elderly.
77	Section 2.  This act shall take effect July 1, 2011.

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