Senate Bill sb2370c1
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Florida Senate - 2002 CS for SB 2370
By the Committee on Governmental Oversight and Productivity;
and Senator Posey
302-2326-02
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.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Paragraph (ee) of subsection (3) of section
16 119.07, Florida Statutes, is created 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 Senate - 2002 CS for SB 2370
302-2326-02
1 must maintain the exempt status of such information as
2 provided in this paragraph. This section is subject to the
3 Open Government Sunset Review Act of 1995 in accordance with
4 s. 119.15, and shall stand repealed on October 2, 2007, unless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 which is provided in this act
9 is a 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 section 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 effective
28 date of Committee Substitute for Senate Bill 1582 or similar
29 legislation, if such legislation is adopted in the same
30 legislative session or extension thereof.
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Florida Senate - 2002 CS for SB 2370
302-2326-02
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2370
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4 Makes technical and grammatical changes to correspond to the
House Bill.
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