Senate Bill sb0654c1
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Florida Senate - 2002 CS for SB 654
By the Committee on Governmental Oversight and Productivity;
and Senator Garcia
302-2243-02
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.07(3)(m), F.S., expanding the exemption to
4 include replies and invitations to negotiate;
5 changing the time period during which records
6 are exempt; amending s. 287.0595, F.S.;
7 expanding the exemption to include proposal or
8 replies; changing the time period during which
9 records are exempt; providing a statement of
10 public necessity; providing an effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Paragraph (m) of subsection (3) of section
15 119.07, Florida Statutes, as amended by section 1 of chapter
16 2001-364, Laws of Florida, is amended to read:
17 119.07 Inspection, examination, and duplication of
18 records; exemptions.--
19 (3)
20 (m) Sealed bids, or proposals, or replies received by
21 an agency pursuant to invitations to bid, or requests for
22 proposals, or invitations to negotiate are exempt from the
23 provisions of subsection (1) and s. 24(a), Art. I of the State
24 Constitution until such time as the agency provides notice of
25 a decision or intended decision pursuant to s. 120.57(3)(a) or
26 within 10 days after bid or proposal opening, whichever is
27 earlier. This paragraph is subject to the Open Government
28 Sunset Review Act of 1995 in accordance with s. 119.15, and
29 shall stand repealed October 2, 2007, unless reviewed and
30 saved from repeal through reenactment by the Legislature.
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Florida Senate - 2002 CS for SB 654
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1 Section 2. Subsection (3) of section 287.0595, Florida
2 Statutes, is amended to read:
3 287.0595 Pollution response action contracts;
4 department rules.--
5 (3) Any bid, proposal, or reply submitted under this
6 section shall be confidential and exempt from the provisions
7 of s. 119.07(1) until the Department of Environmental
8 Protection provides notice of a decision or intended decision
9 pursuant to s. 120.57(3)(a) a selection is made and a contract
10 signed or until bids are no longer under active consideration.
11 This paragraph is subject to the Open Government Sunset Review
12 Act of 1995 in accordance with s. 119.15, and shall stand
13 repealed October 2, 2007, unless reviewed and saved from
14 repeal through reenactment by the Legislature.
15 Section 3. The Legislature finds that the exemption
16 from public-records requirements for bids, proposals, or
17 replies pursuant to invitations to bid, requests for
18 proposals, or invitations to negotiate is a public necessity.
19 These documents contain information relating to the business
20 practices of the vendors and premature disclosure would offer
21 their competitors an unfair advantage in the procurement
22 process. Unless these records contain trade secrets or other
23 information made exempt or confidential, they will be made
24 available for public inspection later in the procurement
25 process. The Legislature also finds that the exemption from
26 public-records requirements for bids, proposals, or replies
27 held by the Department of Environmental Protection pursuant to
28 section 287.0595, Florida Statutes, is a public necessity.
29 These documents contain information relating to the business
30 practices of the vendors and premature disclosure would offer
31 their competitors an unfair advantage in the procurement
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 654
302-2243-02
1 process. Unless these records contain trade secrets or other
2 information made exempt or confidential, they will be
3 available for public inspection later in the procurement
4 process.
5 Section 4. This act shall take effect July 1, 2002.
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7 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
8 Senate Bill 654
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10 Modifies an exemption for sealed bids or proposals in s.
119.07(3)(m), F.S.
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Adds replies received by an agency pursuant to invitations to
12 bid and invitations to bid to the existing exemption.
13 Modifies time frame during which exemption applies. Records
are exempt until the agency provides notice of a decision or
14 an intended decision pursuant to s. 120.57(3)(a), F.S.
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