House Bill hb1537

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    Florida House of Representatives - 2001                HB 1537

        By the Committee on State Administration and
    Representative Brummer





  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; providing an exemption from

  4         public records requirements for records created

  5         or acquired by an agency or its employees for

  6         the purpose of contracting for a service, and

  7         for records created or acquired by another

  8         agency for the purpose of delivering such

  9         service, for a specified period of time;

10         providing for future review and repeal;

11         providing a finding of public necessity;

12         providing an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Paragraph (dd) is added to subsection (3)

17  of section 119.07, Florida Statutes, to read:

18         119.07  Inspection, examination, and duplication of

19  records; exemptions.--

20         (3)

21         (dd)  If an agency is contemplating contracting for a

22  service, through competitive bids or otherwise, then the

23  following records are exempt from subsection (1) and s. 24(a),

24  Art. I of the State Constitution:

25         1.  All records created or acquired by that agency or

26  its employees for the purpose of contracting for such service,

27  including draft bids or draft proposals and supporting

28  documentation.

29         2.  All records created or acquired by another agency

30  for the purpose of delivering such service, including draft

31  bids or draft proposals and supporting documentation.

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    Florida House of Representatives - 2001                HB 1537

    688-169-01






  1

  2  If such records include information that is otherwise publicly

  3  available, this exemption does not limit that other access.

  4  If a bid or a proposal is submitted by an agency or its

  5  employees, then that submitted bid or proposal is governed by

  6  existing public records law applicable to the receiving

  7  agency.  This exemption is no longer applicable once a

  8  contract is awarded, a decision is made not to award such

  9  contract, or the project is no longer under active

10  consideration.  This paragraph is subject to the Open

11  Government Sunset Review Act of 1995 in accordance with s.

12  119.15, and shall stand repealed on October 2, 2006, unless

13  reviewed and saved from repeal through reenactment by the

14  Legislature.

15         Section 2.  The Legislature finds that the exemption

16  created by s. 119.07(3)(dd), Florida Statutes, is a public

17  necessity because in order for an agency to receive and

18  provide services as cost-effectively and efficiently as

19  possible, and for its employees to compete fairly with private

20  entities, through competitive bids or otherwise, records

21  created or acquired by an agency or its employees for the

22  purpose of contracting for such service as well as records

23  created or acquired by another agency for the purpose of

24  delivering such service, including draft bids or draft

25  proposals and supporting documentation, must be exempt from

26  public disclosure. If such records were not exempt from public

27  disclosure, private sector businesses could request this

28  information and then prepare a bid or proposal that would

29  effectively eliminate the ability of an agency or its

30  employees to successfully compete.  If this occurred, an

31  agency or its employees would probably not participate in the

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    Florida House of Representatives - 2001                HB 1537

    688-169-01






  1  bidding and proposal process, which would result in less

  2  competition, thereby negatively affecting the administration

  3  of government programs. The Legislature additionally finds

  4  that making the exempt records available for public inspection

  5  after the contract is awarded, a decision is made not to award

  6  the contract, or the project is no longer under active

  7  consideration allows sufficient public access.

  8         Section 3.  This act shall take effect upon becoming a

  9  law.

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11            *****************************************

12                          HOUSE SUMMARY

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      Provides an exemption from public records requirements
14    for records created or acquired by an agency or its
      employees for the purpose of contracting for a service,
15    and for records created or acquired by another agency for
      the purpose of delivering such service, for a specified
16    period of time. Provides for future review and repeal.

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