House Bill hb0385er

    ENROLLED

    2001 Legislature                                        HB 385



  1

  2         An act relating to a public records exemption

  3         for certain information used by municipally

  4         owned utilities; amending s. 119.07, F.S.,

  5         which provides an exemption from public records

  6         requirements for a specified period of time for

  7         certain information used by a municipal utility

  8         to prepare and submit certain sealed bids to

  9         customers or prospective customers; reenacting

10         such exemption and removing the October 2,

11         2001, repeal thereof scheduled under the Open

12         Government Sunset Review Act of 1995; providing

13         an effective date.

14

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

16

17         Section 1.  Notwithstanding the October 2, 2001, repeal

18  of said paragraph scheduled pursuant to the Open Government

19  Sunset Review Act of 1995, paragraph (aa) of subsection (3) of

20  section 119.07, Florida Statutes, is reenacted and amended to

21  read:

22         119.07  Inspection, examination, and duplication of

23  records; exemptions.--

24         (3)

25         (aa)  Any data, record, or document used directly or

26  solely by a municipally owned utility to prepare and submit a

27  bid relative to the sale, distribution, or use of any service,

28  commodity, or tangible personal property to any customer or

29  prospective customer shall be exempt from the provisions of

30  subsection (1) and s. 24(a), Art. I of the State Constitution.

31  This exemption commences when a municipal utility identifies


                                  1

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




    ENROLLED

    2001 Legislature                                        HB 385



  1  in writing a specific bid to which it intends to respond. This

  2  exemption no longer applies when the contract for sale,

  3  distribution, or use of the service, commodity, or tangible

  4  personal property is executed, a decision is made not to

  5  execute such contract, or the project is no longer under

  6  active consideration. The exemption in this paragraph includes

  7  the bid documents actually furnished in response to the

  8  request for bids. However, the exemption for the bid documents

  9  submitted no longer applies after the bids are opened by the

10  customer or prospective customer. This paragraph is subject to

11  the Open Government Sunset Review Act of 1995 in accordance

12  with s. 119.15, and shall stand repealed on October 2, 2001,

13  unless reviewed and saved from repeal through reenactment by

14  the Legislature.

15         Section 2.  This act shall take effect October 1, 2001.

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  2

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