| 1 | A bill to be entitled |
| 2 | An act relating to public records; amending s. 119.071, |
| 3 | F.S.; creating an exemption from public-records |
| 4 | requirements for information contained in materials |
| 5 | relating to rejected bids, negotiations, and proposals |
| 6 | received by a state agency; requiring that the information |
| 7 | remain confidential until the agency provides notice of a |
| 8 | decision or withdraws its invitation to bid, invitation to |
| 9 | negotiate, or request for proposals; providing for future |
| 10 | legislative review and repeal of such exemption under the |
| 11 | Open Government Sunset Review Act; providing a statement |
| 12 | of public necessity; providing an effective date. |
| 13 |
|
| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
|
| 16 | Section 1. Paragraph (b) of subsection (1) of section |
| 17 | 119.071, Florida Statutes, is amended to read: |
| 18 | 119.071 General exemptions from inspection or copying of |
| 19 | public records.-- |
| 20 | (1) AGENCY ADMINISTRATION.-- |
| 21 | (b)1. Sealed bids or proposals received by an agency |
| 22 | pursuant to invitations to bid or requests for proposals are |
| 23 | exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
| 24 | Constitution until such time as the agency provides notice of a |
| 25 | 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. |
| 28 | 2. Notwithstanding subparagraph 1., if an agency rejects |
| 29 | all bids, negotiations, or proposals submitted in response to an |
| 30 | invitation to bid, invitation to negotiate, or request for |
| 31 | proposals and the agency concurrently provides notice of its |
| 32 | intent to reopen the invitation to bid, invitation to negotiate, |
| 33 | or request for proposals, the rejected bids, negotiations, or |
| 34 | proposals remain exempt from s. 119.07(1) and s. 24(a), Art. I |
| 35 | of the State Constitution until notice of a decision or intended |
| 36 | decision is provided concerning the reopened invitation to bid, |
| 37 | invitation to negotiate, or request for proposals or until the |
| 38 | agency withdraws the reopened invitation to bid, invitation to |
| 39 | negotiate, or request for proposals. |
| 40 | 3. Subparagraph 2. is subject to the Open Government |
| 41 | Sunset Review Act in accordance with s. 119.15, and shall stand |
| 42 | repealed on October 2, 2011, unless reviewed and saved from |
| 43 | repeal through reenactment by the Legislature. |
| 44 | Section 2. The Legislature finds that it is a public |
| 45 | necessity that information contained in materials related to a |
| 46 | state agency's rejected bids, negotiations, or proposals be made |
| 47 | confidential and exempt from disclosure under s. 119.07(1), |
| 48 | Florida Statutes, and s. 24(a), Art. I of the State Constitution |
| 49 | except as otherwise provided by law. The Legislature further |
| 50 | finds that the public policy provided by this exemption will be |
| 51 | best served by maintaining the confidentiality of the |
| 52 | information contained in materials related to rejected bids, |
| 53 | negotiations, or proposals by an agency. |
| 54 | Section 3. This act shall take effect upon becoming a law. |