Florida Senate - 2024 SB 320
By Senator Wright
8-00224A-24 2024320__
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.071, F.S.; providing an exemption for certain
4 financial information submitted to an agency from
5 prospective bidders for a road or other public works
6 project from certain public records requirements;
7 providing for future legislative review and repeal of
8 the exemption; amending s. 337.14, F.S.; conforming a
9 provision to changes made by the act; providing a
10 statement of public necessity; providing an effective
11 date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraph (c) of subsection (1) of section
16 119.071, Florida Statutes, is amended to read:
17 119.071 General exemptions from inspection or copying of
18 public records.—
19 (1) AGENCY ADMINISTRATION.—
20 (c) Any financial statement or other financial information
21 required by any department’s administrative rules which that an
22 agency requires a prospective bidder to submit in order to
23 prequalify for bidding or for responding to a proposal for a
24 road or any other public works project is exempt from s.
25 119.07(1) and s. 24(a), Art. I of the State Constitution. This
26 paragraph is subject to the Open Government Sunset Review Act in
27 accordance with s. 119.15 and shall stand repealed on October 2,
28 2029, unless reviewed and saved from repeal through reenactment
29 by the Legislature.
30 Section 2. Subsection (1) of section 337.14, Florida
31 Statutes, is amended to read:
32 337.14 Application for qualification; certificate of
33 qualification; restrictions; request for hearing.—
34 (1) Any contractor desiring to bid for the performance of
35 any construction contract in excess of $250,000 which the
36 department proposes to let must first be certified by the
37 department as qualified pursuant to this section and rules of
38 the department. The rules of the department must address the
39 qualification of contractors to bid on construction contracts in
40 excess of $250,000 and must include requirements with respect to
41 the equipment, past record, experience, financial resources, and
42 organizational personnel of the applying contractor which are
43 necessary to perform the specific class of work for which the
44 contractor seeks certification. Any contractor who desires to
45 bid on contracts in excess of $50 million and who is not
46 qualified and in good standing with the department as of January
47 1, 2019, must first be certified by the department as qualified
48 and must have satisfactorily completed two projects, each in
49 excess of $15 million, for the department or for any other state
50 department of transportation. The department may limit the
51 dollar amount of any contract upon which a contractor is
52 qualified to bid or the aggregate total dollar volume of
53 contracts such contractor is allowed to have under contract at
54 any one time. Each applying contractor seeking qualification to
55 bid on construction contracts in excess of $250,000 shall
56 furnish the department a statement under oath, on such forms as
57 the department may prescribe, setting forth detailed information
58 as required on the application. Each application for
59 certification must be accompanied by audited, certified
60 financial statements prepared in accordance with generally
61 accepted accounting principles and auditing standards by a
62 certified public accountant licensed in this state or another
63 state. The audited, certified financial statements must be for
64 the applying contractor and must have been prepared within the
65 immediately preceding 12 months. The department may not consider
66 any financial information of the parent entity of the applying
67 contractor, if any. The department may not certify as qualified
68 any applying contractor who fails to submit the audited,
69 certified financial statements required by this subsection. If
70 the application or the annual financial statement shows the
71 financial condition of the applying contractor more than 4
72 months before the date on which the application is received by
73 the department, the applicant must also submit interim audited,
74 certified financial statements prepared in accordance with
75 generally accepted accounting principles and auditing standards
76 by a certified public accountant licensed in this state or
77 another state. The interim financial statements must cover the
78 period from the end date of the annual statement and must show
79 the financial condition of the applying contractor no more than
80 4 months before the date that the interim financial statements
81 are received by the department. However, upon the request of the
82 applying contractor, an application and accompanying annual or
83 interim financial statement received by the department within 15
84 days after either 4-month period under this subsection are shall
85 be considered timely. An applying contractor desiring to bid
86 exclusively for the performance of construction contracts with
87 proposed budget estimates of less than $2 million may submit
88 reviewed annual or reviewed interim financial statements
89 prepared by a certified public accountant. The information
90 required by this subsection is confidential and exempt from s.
91 119.07(1). Additionally, any information required by department
92 rule by any applying contractor is exempt from s. 119.07(1) and
93 s. 24(a), Art. I of the State Constitution as provided in s.
94 119.071(1)(c). The department shall act upon the application for
95 qualification within 30 days after the department determines
96 that the application is complete. The department may waive the
97 requirements of this subsection for projects having a contract
98 price of $500,000 or less if the department determines that the
99 project is of a noncritical nature and that the waiver will not
100 endanger public health, safety, or property.
101 Section 3. The Legislature finds that it is a public
102 necessity that the financial information required by any
103 department’s administrative rule which prospective bidders are
104 required to submit in order to prequalify for bidding or in
105 response to a proposal for any public works project be made
106 exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
107 Article I of the State Constitution. These records may contain
108 confidential information related to bidders’ financial details
109 and work product which may be used by competitors to gain an
110 unfair advantage against other bidders of public works projects.
111 Subjecting such records to public records requirements may
112 discourage otherwise qualified bidders from placing bids on
113 vital public works projects.
114 Section 4. This act shall take effect July 1, 2024.