Florida Senate - 2015                              CS for SB 826
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Evers
       
       
       
       
       585-03187-15                                           2015826c1
    1                        A bill to be entitled                      
    2         An act relating to public records and public meetings;
    3         transferring, renumbering, and amending s. 287.05712,
    4         F.S., relating to qualifying public-private projects
    5         for public facilities and infrastructure; providing a
    6         definition; providing an exemption from public records
    7         requirements for unsolicited proposals received by a
    8         responsible public entity for a specified period;
    9         providing an exemption from public meeting
   10         requirements for any portion of a meeting of a
   11         responsible public entity during which exempt
   12         proposals are discussed; requiring that a recording be
   13         made of the closed meeting; providing an exemption
   14         from public records requirements for the recording of,
   15         and any records generated during, a closed meeting for
   16         a specified period; providing for future legislative
   17         review and repeal of the exemptions; providing a
   18         statement of public necessity; providing a contingent
   19         effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (15) is added to section 287.05712,
   24  Florida Statutes, as transferred, renumbered, and amended by SB
   25  824, to read:
   26         255.065 287.05712 Public-private partnerships; public
   27  records and public meetings exemptions.—
   28         (15) PUBLIC RECORDS AND PUBLIC MEETINGS EXEMPTIONS.—
   29         (a) As used in this subsection, the term “competitive
   30  solicitation” has the same meaning as provided in s. 119.071(1).
   31         (b)1. An unsolicited proposal received by a responsible
   32  public entity is exempt from s. 119.07(1) and s. 24(a), Art. I
   33  of the State Constitution until such time as the responsible
   34  public entity provides notice of an intended decision for a
   35  qualifying project.
   36         2. If the responsible public entity rejects all proposals
   37  submitted pursuant to a competitive solicitation for a
   38  qualifying project and such entity concurrently provides notice
   39  of its intent to seek additional proposals for such project, the
   40  unsolicited proposal remains exempt until the responsible public
   41  entity provides notice of an intended decision concerning the
   42  reissued competitive solicitation for the qualifying project or
   43  until the responsible public entity withdraws the reissued
   44  competitive solicitation for such project.
   45         3. An unsolicited proposal is not exempt for longer than 90
   46  days after the initial notice by the responsible public entity
   47  rejecting all proposals.
   48         (c) If the responsible public entity does not issue a
   49  competitive solicitation for a qualifying project, the
   50  unsolicited proposal ceases to be exempt 180 days after receipt
   51  of the unsolicited proposal by such entity.
   52         (d)1. Any portion of a meeting of a responsible public
   53  entity during which an unsolicited proposal that is exempt is
   54  discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
   55  State Constitution.
   56         2.a. A complete recording must be made of any portion of an
   57  exempt meeting. No portion of the exempt meeting may be held off
   58  the record.
   59         b. The recording of, and any records generated during, the
   60  exempt meeting are exempt from s. 119.07(1) and s. 24(a), Art. I
   61  of the State Constitution until such time as the responsible
   62  public entity provides notice of an intended decision for a
   63  qualifying project or 180 days after receipt of the unsolicited
   64  proposal by the responsible public entity if such entity does
   65  not issue a competitive solicitation for the project.
   66         c. If the responsible public entity rejects all proposals
   67  and concurrently provides notice of its intent to reissue a
   68  competitive solicitation, the recording and any records
   69  generated at the exempt meeting remain exempt from s. 119.07(1)
   70  and s. 24(a), Art. I of the State Constitution until such time
   71  as the responsible public entity provides notice of an intended
   72  decision concerning the reissued competitive solicitation or
   73  until the responsible public entity withdraws the reissued
   74  competitive solicitation for such project.
   75         d. A recording and any records generated during an exempt
   76  meeting are not exempt for longer than 90 days after the initial
   77  notice by the responsible public entity rejecting all proposals.
   78         (e) This subsection is subject to the Open Government
   79  Sunset Review Act in accordance with s. 119.15 and shall stand
   80  repealed on October 2, 2020, unless reviewed and saved from
   81  repeal through reenactment by the Legislature.
   82         Section 2. (1) The Legislature finds that it is a public
   83  necessity that an unsolicited proposal received by a responsible
   84  public entity pursuant to s. 287.05712, Florida Statutes, be
   85  made exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   86  Article I of the State Constitution until a time certain.
   87  Prohibiting the public release of unsolicited proposals until a
   88  time certain ensures the effective and efficient administration
   89  of the public-private partnership process established in s.
   90  287.05712, Florida Statutes. Temporarily protecting unsolicited
   91  proposals protects the public-private partnership process by
   92  encouraging private entities to submit such proposals, which
   93  will facilitate the timely development and operation of a
   94  qualifying project. Protecting such information ensures that
   95  other private entities do not gain an unfair competitive
   96  advantage. The public records exemption preserves public
   97  oversight of the public-private partnership process by providing
   98  for disclosure of the unsolicited proposal when the responsible
   99  public entity provides notice of an intended decision; no longer
  100  than 90 days after the responsible public entity rejects all
  101  proposals received in a competitive solicitation for a
  102  qualifying project; or 180 days after receipt of an unsolicited
  103  proposal if such entity does not issue a competitive
  104  solicitation for a qualifying project related to the proposal.
  105         (2) The Legislature further finds that it is a public
  106  necessity that any portion of a meeting of the responsible
  107  public entity during which an unsolicited proposal that is
  108  exempt from public records requirements is discussed be made
  109  exempt from s. 286.011, Florida Statutes, and s. 24(b), Article
  110  I of the State Constitution. The Legislature also finds that it
  111  is a public necessity that the recording of, and any records
  112  generated during, a closed meeting be made temporarily exempt
  113  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
  114  the State Constitution. Failure to close any portion of a
  115  meeting during which such unsolicited proposal is discussed, and
  116  failure to protect the release of the recording and records
  117  generated during that closed meeting, would defeat the purpose
  118  of the public records exemption. In addition, the Legislature
  119  finds that public oversight is maintained because the public
  120  records exemption for the recording and records generated during
  121  any closed portion of a meeting of the responsible public entity
  122  are subject to public disclosure when such entity provides
  123  notice of an intended decision; no longer than 90 days after the
  124  responsible public entity rejects all proposals received in a
  125  competitive solicitation for a qualifying project; or 180 days
  126  after receipt of an unsolicited proposal if the responsible
  127  public entity does not issue a competitive solicitation for a
  128  qualifying project related to the proposal.
  129         Section 3. This act shall take effect on the same date that
  130  SB 824 or similar legislation takes effect, if such legislation
  131  is adopted in the same legislative session or an extension
  132  thereof and becomes a law.