House Bill hb1951e1

                                          HB 1951, First Engrossed



  1                      A bill to be entitled

  2         An act relating to public records and meetings;

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

  4         procurement documents from public records

  5         requirements; clarifying trade secret

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

  7         exempting certain procurement documents held by

  8         the Department of Environmental Protection from

  9         public records requirements; clarifying trade

10         secret protection; providing for future review

11         and repeal of the exemptions; providing a

12         statement of public necessity for the

13         exemptions; providing an effective date.

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

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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  a decision or intended decision pursuant to s. 120.57(3)(a) or

28  if the agency is not subject to chapter 120, until within 10

29  days after bid, or proposal, or reply opening, whichever is

30  earlier. A vendor does not waive protection of trade secrets

31  that are made confidential and exempt by law by submitting


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                                          HB 1951, First Engrossed



  1  such information in a bid, proposal, or reply. This paragraph

  2  is subject to the Open Government Sunset Review Act of 1995 in

  3  accordance with s. 119.15, and shall stand repealed October 2,

  4  2007, unless reviewed and saved from repeal through

  5  reenactment by the Legislature.

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

  7  Statutes, is amended to read:

  8         287.0595  Pollution response action contracts;

  9  department rules.--

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

11  section shall be confidential and exempt from the provisions

12  of s. 119.07(1) until the Department of Environmental

13  Protection provides notice of a decision or intended decision

14  pursuant to s. 120.57(3)(a) a selection is made and a contract

15  signed or until bids are no longer under active consideration.

16  A vendor does not waive protection of trade secrets that are

17  made confidential and exempt by law by submitting such

18  information in a bid, proposal, or reply. This paragraph is

19  subject to the Open Government Sunset Review Act of 1995 in

20  accordance with s. 119.15, and shall stand repealed October 2,

21  2007, unless reviewed and saved from repeal through

22  reenactment by the Legislature.

23         Section 3.  The Legislature finds that the exemption

24  from public records requirements for bids, proposals, or

25  replies pursuant to invitations to bid, requests for

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

27  These documents contain information relating to the business

28  practices of the vendors and premature disclosure would offer

29  their competitors an unfair advantage in the procurement

30  process.  Unless these records contain trade secrets or other

31  information made exempt or confidential, they will be


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                                          HB 1951, First Engrossed



  1  available for public inspection later in the procurement

  2  process.  The Legislature also finds that the exemption from

  3  public records requirements for bids, proposals, or replies

  4  held by the Department of Environmental Protection pursuant to

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

  6  documents contain information relating to the business

  7  practices of the vendors and premature disclosure would offer

  8  their competitors an unfair advantage in the procurement

  9  process.  Unless these records contain trade secrets or other

10  information made exempt or confidential, they will be

11  available for public inspection later in the procurement

12  process.

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

14  law.

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