SENATE AMENDMENT
    Bill No. CS for SB 654
    Amendment No. ___   Barcode 673974
                            CHAMBER ACTION
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11  Senator Garcia moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
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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  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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    9:17 AM   03/21/02                               s0654.go39.cc

SENATE AMENDMENT Bill No. CS for SB 654 Amendment No. ___ Barcode 673974 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paragraph 2 is subject to the Open Government Sunset Review Act of 1995 in 3 accordance with s. 119.15, and shall stand repealed October 2, 4 2007, unless reviewed and saved from repeal through 5 reenactment by the Legislature. 6 Section 2.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 2 9:17 AM 03/21/02 s0654.go39.cc
SENATE AMENDMENT Bill No. CS for SB 654 Amendment No. ___ Barcode 673974 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. 15 16 17 ================ T I T L E A M E N D M E N T =============== 18 And the title is amended as follows: 19 Delete everything before the enacting clause 20 21 and insert: 22 A bill to be entitled 23 An act relating to public records and meetings; 24 amending s. 119.07, F.S.; exempting certain 25 procurement documents from public records 26 requirements; clarifying trade secret 27 protection; amending s. 287.0595, F.S.; 28 exempting certain procurement documents held by 29 the Department of Environmental Protection from 30 public records requirements; clarifying trade 31 secret protection; providing for future review 3 9:17 AM 03/21/02 s0654.go39.cc
SENATE AMENDMENT Bill No. CS for SB 654 Amendment No. ___ Barcode 673974 1 and repeal of the exemptions; providing a 2 statement of public necessity for the 3 exemptions; providing an effective date. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 9:17 AM 03/21/02 s0654.go39.cc