HOUSE AMENDMENT

    567-188AX-27                                  Bill No. HB 1951

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Wallace offered the following:

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13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Paragraph (m) of subsection (3) of section

18  119.07, Florida Statutes, is amended to read:

19         119.07  Inspection, examination, and duplication of

20  records; exemptions.--

21         (3)

22         (m)  Sealed bids, or proposals, or replies received by

23  an agency pursuant to invitations to bid, or requests for

24  proposals, or invitations to negotiate are exempt from the

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

26  Constitution until such time as the agency provides notice of

27  an a decision or intended decision pursuant to s.

28  120.57(3)(a), until the solicitation is withdrawn, or until

29  all bids, proposals, or replies are rejected or within 10 days

30  after bid or proposal opening, whichever is earlier, or if the

31  agency is not subject to the provisions of chapter 120, until

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    File original & 9 copies    03/13/02
    hbd0016                     12:08 pm         01951-0047-983675




                                                   HOUSE AMENDMENT

    567-188AX-27                                  Bill No. HB 1951

    Amendment No. ___ (for drafter's use only)





  1  10 days after bid, proposal, or reply opening. A vendor does

  2  not waive trade secret protection provided by s. 815.04(3) by

  3  including such confidential information in a bid, proposal, or

  4  reply.

  5         Section 2.  Subsection (3) of section 287.0595, Florida

  6  Statutes, is amended to read:

  7         287.0595  Pollution response action contracts;

  8  department rules.--

  9         (3)  Any bid, proposal, or reply submitted under this

10  section shall be confidential and exempt from the provisions

11  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

12  until the Department of Environmental Protection provides

13  notice of an intended decision pursuant to s. 120.57(3)(a),

14  until the solicitation is withdrawn, or until all bids,

15  proposals, or replies are rejected, whichever is earlier a

16  selection is made and a contract signed or until bids are no

17  longer under active consideration.

18         Section 3.  The Legislature finds that the exemption

19  from public records requirements for bids, proposals, or

20  replies pursuant to invitations to bid, requests for

21  proposals, or invitations to negotiate is a public necessity.

22  These documents contain information relating to the business

23  practices of the vendors and premature disclosure would offer

24  their competitors an unfair advantage in the procurement

25  process.  Unless these records contain trade secrets or other

26  information made exempt or confidential, they will be

27  available for public inspection later in the procurement

28  process.  The Legislature also finds that the exemption from

29  public records requirements for bids, proposals, or replies

30  held by the Department of Environmental Protection pursuant to

31  s. 287.0595, Florida Statutes, is a public necessity.  These

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    File original & 9 copies    03/13/02
    hbd0016                     12:08 pm         01951-0047-983675




                                                   HOUSE AMENDMENT

    567-188AX-27                                  Bill No. HB 1951

    Amendment No. ___ (for drafter's use only)





  1  documents contain information relating to the business

  2  practices of the vendors and premature disclosure would offer

  3  their competitors an unfair advantage in the procurement

  4  process.  Unless these records contain trade secrets or other

  5  information made exempt or confidential, they will be

  6  available for public inspection later in the procurement

  7  process.

  8         Section 4.  This act shall take effect upon becoming a

  9  law.

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12  ================ T I T L E   A M E N D M E N T ===============

13  And the title is amended as follows:

14  remove:  the entire title

15

16  and insert:

17                      A bill to be entitled

18         An act relating to public records and meetings;

19         amending s. 119.07, F.S.; exempting certain

20         procurement documents from public records

21         requirements; clarifying trade secret

22         protection; amending s. 287.0595, F.S.;

23         exempting certain procurement documents held by

24         the Department of Environmental Protection from

25         public records requirements; providing a

26         statement of public necessity for such

27         exemptions; providing an effective date.

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    File original & 9 copies    03/13/02
    hbd0016                     12:08 pm         01951-0047-983675