| 1 | A bill to be entitled |
| 2 | An act relating to public records exemptions; creating s. |
| 3 | 287.0371, F.S.; creating an exemption from public records |
| 4 | requirements for proprietary confidential business |
| 5 | information received by an agency pursuant to s. 287.037, |
| 6 | F.S.; requiring written determination by the receiving |
| 7 | agency that release of such information would impair the |
| 8 | competitive interest of the provider of the information; |
| 9 | providing for future review and repeal; creating s. |
| 10 | 287.0461, F.S.; creating an exemption from public records |
| 11 | requirements for a business case submitted to the |
| 12 | President of the Senate and the Speaker of the House of |
| 13 | Representatives and held by an agency; providing for |
| 14 | termination of the exemption under certain circumstances; |
| 15 | providing for future review and repeal; providing a |
| 16 | statement of public necessity; providing a contingent |
| 17 | effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Section 287.0371, Florida Statutes, is created |
| 22 | to read: |
| 23 | 287.0371 Public records exemption; proprietary |
| 24 | confidential business information.-- |
| 25 | (1) Proprietary confidential business information received |
| 26 | by an agency pursuant to s. 287.037 is exempt from s. 119.07(1) |
| 27 | and s. 24(a), Art. I of the State Constitution, upon a |
| 28 | determination by the receiving agency that disclosure of such |
| 29 | information would impair the competitive interest of the |
| 30 | provider of that information. Such determination shall be |
| 31 | reflected in writing by the receiving agency. Proprietary |
| 32 | confidential business information made exempt by this section |
| 33 | shall be available for inspection and copying for 50 years after |
| 34 | the date of receipt of such information. |
| 35 | (2) This section is subject to the Open Government Sunset |
| 36 | Review Act of 1995 in accordance with s. 119.15 and shall stand |
| 37 | repealed on October 2, 2009, unless reviewed and saved from |
| 38 | repeal through reenactment by the Legislature. |
| 39 | Section 2. Section 287.0461, Florida Statutes, is created |
| 40 | to read: |
| 41 | 287.0461 Public records exemption; business case.-- |
| 42 | (1) A business case submitted to the President of the |
| 43 | Senate and the Speaker of the House of Representatives pursuant |
| 44 | to s. 287.046(3)(d), which is held by an agency, is exempt from |
| 45 | s. 119.07(1) and s. 24(a), Art. I of the State Constitution. |
| 46 | This exemption expires on the date the contract is executed or |
| 47 | upon legislative objection to the contract pursuant to s. |
| 48 | 216.177(2)(b). |
| 49 | (2) This section is subject to the Open Government Sunset |
| 50 | Review Act of 1995 in accordance with s. 119.15 and shall stand |
| 51 | repealed on October 2, 2009, unless reviewed and saved from |
| 52 | repeal through reenactment by the Legislature. |
| 53 | Section 3. The Legislature finds that it is a public |
| 54 | necessity that proprietary confidential business information |
| 55 | held by an agency pursuant to s. 287.037, Florida Statutes, and |
| 56 | a business case submitted to the President of the Senate and the |
| 57 | Speaker of the House of Representatives pursuant to s. |
| 58 | 287.046(3)(d), Florida Statutes, which is held by an agency, be |
| 59 | made exempt from public disclosure. Proprietary confidential |
| 60 | business information, together with information contained in a |
| 61 | business case, includes information that gives a vendor its |
| 62 | business advantage in the marketplace. If such information were |
| 63 | disclosed, a vendor would no longer be able to maintain its |
| 64 | level of competitiveness. The disclosure of such information |
| 65 | would adversely impact the vendor participating in the public |
| 66 | procurement process and would create an unfair competitive |
| 67 | advantage for other vendors receiving such information. If such |
| 68 | were the case, vendors would be discouraged from participating |
| 69 | in such process. A reduction in competition for public |
| 70 | procurements would inevitably lead to an increase in the price |
| 71 | of commodities and contractual services and a decrease in |
| 72 | quality. Accordingly, the disclosure of such information, |
| 73 | including information submitted in a business case, would impede |
| 74 | the effective and efficient administration of public procurement |
| 75 | and would create an unfair competitive advantage for vendors |
| 76 | having access to such information submitted by those vendors |
| 77 | participating in the bidding process. |
| 78 | Section 4. This act shall take effect on the date HB 1819 |
| 79 | or similar legislation takes effect, if such legislation is |
| 80 | adopted in the same legislative session or an extension thereof |
| 81 | and becomes a law. |