House Bill hb1769c1

    Florida House of Representatives - 2002             CS/HB 1769

        By the Council for Smarter Government and Representative
    Andrews





  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from public records requirements for

  4         unsolicited proposals received by the

  5         Department of Transportation or an expressway

  6         authority with respect to public-private

  7         transportation facilities; providing an

  8         exception to the exemption; providing for

  9         future review and repeal; providing findings of

10         public necessity; providing a contingent

11         effective date.

12

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

14

15         Section 1.  Paragraph (ee) is added to subsection (3)

16  of section 119.07, Florida Statutes, to read:

17         119.07  Inspection, examination, and duplication of

18  records; exemptions.--

19         (3)

20         (ee)  An unsolicited proposal for a public-private

21  transportation facility received by the Department of

22  Transportation pursuant to s. 334.30 or an expressway

23  authority pursuant to s. 348.0004 is exempt from the

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

25  Constitution from the date the unsolicited proposal is

26  received until the deadline date for receiving competing

27  proposals has expired as provided in s. 334.30.  The

28  department or expressway authority may share information

29  contained in the unsolicited proposal with any other

30  governmental entity for the purpose of substantiating or

31  evaluating such proposal. The receiving governmental entity

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






    Florida House of Representatives - 2002             CS/HB 1769

    405-182-02






  1  must maintain the exempt status of such information as

  2  provided herein.  This paragraph is subject to the Open

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

  4  119.15 and shall stand repealed on October 2, 2007, unless

  5  reviewed and saved from repeal through reenactment by the

  6  Legislature.

  7         Section 2.  The Legislature finds that the exemption

  8  from public records requirements provided in this act is a

  9  public necessity due to the need to prevent potential

10  competing proposers of public-private transportation

11  facilities from obtaining an unfair advantage over the initial

12  unsolicited proposer. The Legislature further finds that to

13  make the proprietary information in an unsolicited proposal

14  available to potential competing proposers would adversely

15  affect the integrity of the competitive selection process

16  under s. 334.30, Florida Statutes, and would deter the

17  submission of unsolicited proposals for public-private

18  transportation facilities to the Department of Transportation

19  or an expressway authority. The Legislature further finds that

20  the need to substantiate or evaluate information contained in

21  an unsolicited proposal, though furthering a state interest,

22  does not override the public policy determinations made to

23  exempt that information from public disclosure and that

24  unsolicited proposals should retain their exempt status when

25  held by another governmental entity until the expiration of

26  the deadline date to submit competing proposals.

27         Section 3.  This act shall take effect on the date that

28  Committee Substitute for House Bill 435 or similar

29  legislation, adopted in the same legislative session or an

30  extension thereof, becomes law.

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