HB 1369

CS

CHAMBER ACTION

1	The Governmental Operations Committee recommends the following:
2	Council/Committee Substitute
3	Remove the entire bill and insert:
4	A bill to be entitled
5	An act relating to public records and public meetings;
6	amending s. 119.071, F.S.; creating a temporary exemption
7	from public records requirements for rejected bids and
8	proposals received by a state agency if the agency
9	reissues the invitation to bid or request for proposals;
10	providing for review and repeal; providing a statement of
11	public necessity; creating a temporary exemption from
12	public records requirements for a competitive sealed reply
13	in response to an invitation to negotiate; providing an
14	extension of the temporary exemption if the agency
15	reissues the invitation to negotiate; providing for review
16	and repeal; providing a statement of public necessity;
17	amending s. 286.0113, F.S.; creating an exemption from
18	public meetings requirements for a meeting at which
19	negotiation with a vendor is conducted; requiring a
20	recording of the meeting; temporarily exempting the
21	recording from disclosure; providing an extension of the
22	temporary exemption under specified circumstances;
23	providing for review and repeal; providing a statement of
24	public necessity; providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Paragraph (b) of subsection (1) of section
29	119.071, Florida Statutes, is amended to read:
30	119.071  General exemptions from inspection or copying of
31	public records.--
32	(1)  AGENCY ADMINISTRATION.--
33	(b)1.a.  Sealed bids or proposals received by an agency
34	pursuant to invitations to bid or requests for proposals are
35	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
36	Constitution until such time as the agency provides notice of a
37	decision or intended decision pursuant to s. 120.57(3)(a) or
38	within 10 days after bid or proposal opening, whichever is
39	earlier.
40	b.  If an agency rejects all bids or proposals submitted in
41	response to an invitation to bid or request for proposals and
42	the agency concurrently provides notice of its intent to reissue
43	the invitation to bid or request for proposals, the rejected
44	bids or proposals remain exempt from s. 119.07(1) and s. 24(a),
45	Art. I of the State Constitution until such time as the agency
46	provides notice of a decision or intended decision pursuant to
47	s. 120.57(3)(a) concerning the reissued invitation to bid or
48	request for proposals or until the agency withdraws the reissued
49	invitation to bid or request for proposals. This sub-
50	subparagraph is subject to the Open Government Sunset Review Act
51	in accordance with s. 119.15 and shall stand repealed on October
52	2, 2011, unless reviewed and saved from repeal through
53	reenactment by the Legislature.
54	2.a.  A competitive sealed reply in response to an
55	invitation to negotiate, as defined in s. 287.012, is exempt
56	from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
57	until such time as the agency provides notice of a decision or
58	intended decision pursuant to s. 120.57(3)(a) or until 20 days
59	after the final competitive sealed replies are all opened,
60	whichever occurs earlier.
61	b.  If an agency rejects all competitive sealed replies in
62	response to an invitation to negotiate and concurrently provides
63	notice of its intent to reissue the invitation to negotiate and
64	reissues the invitation to negotiate within 90 days after the
65	notice of intent to reissue the invitation to negotiate, the
66	rejected replies remain exempt from s. 119.07(1) and s. 24(a),
67	Art. I of the State Constitution until such time as the agency
68	provides notice of a decision or intended decision pursuant to
69	s. 120.57(3)(a) concerning the reissued invitation to negotiate
70	or until the agency withdraws the reissued invitation to
71	negotiate. A competitive sealed reply is not exempt for longer
72	than 12 months after the initial agency notice rejecting all
73	replies.
74	c.  This subparagraph is subject to the Open Government
75	Sunset Review Act in accordance with s. 119.15 and shall stand
76	repealed on October 2, 2011, unless reviewed and saved from
77	repeal through reenactment by the Legislature.
78	Section 2.  Section 286.0113, Florida Statutes, is amended
79	to read:
80	286.0113  General exemptions from public meetings.--
81	(1)  Those portions of any meeting which would reveal a
82	security system plan or portion thereof made confidential and
83	exempt by s. 119.071(3)(a) are exempt from the provisions of s.
84	286.011 and s. 24(b), Art. I of the State Constitution. This
85	section is subject to the Open Government Sunset Review Act, in
86	accordance with s. 119.15, and shall stand repealed on October
87	2, 2006, unless reviewed and saved from repeal through
88	reenactment by the Legislature.
89	(2)(a)  A meeting at which a negotiation with a vendor is
90	conducted pursuant to s. 287.057(3) is exempt from s. 286.011
91	and s. 24(b), Art. I of the State Constitution.
92	(b)1.  A complete recording shall be made of any meeting
93	made exempt in paragraph (a). No portion of the meeting may be
94	held off the record.
95	2.  The recording required under subparagraph 1. is exempt
96	from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
97	until such time as the agency provides notice of a decision or
98	intended decision pursuant to s. 120.57(3)(a) or until 20 days
99	after the final competitive sealed replies are all opened,
100	whichever occurs earlier.
101	3.  If the agency rejects all sealed replies, the recording
102	remains exempt from s. 119.07(1) and s. 24(a), Art. I of the
103	State Constitution until such time as the agency provides notice
104	of a decision or intended decision pursuant to s. 120.57(3)(a)
105	concerning the reissued invitation to negotiate or until the
106	agency withdraws the reissued invitation to negotiate. A
107	recording is not exempt for longer than 12 months after the
108	initial agency notice rejecting all replies.
109	(c)  This subsection is subject to the Open Government
110	Sunset Review Act in accordance with s. 119.15 and shall stand
111	repealed on October 2, 2011, unless reviewed and saved from
112	repeal through reenactment by the Legislature.
113	Section 3.  (1)  The Legislature finds that it is a public
114	necessity that sealed bids or proposals submitted in response to
115	an invitation to bid or request for proposals that are rejected
116	by an agency be made temporarily exempt from public records
117	requirements if the agency concurrently provides notice of its
118	intent to reissue the invitation to bid or request for
119	proposals. Such records shall be made available when the agency
120	provides notice of a decision or intended decision, as required
121	under the Administrative Procedure Act, or if the agency
122	withdraws the reissued invitation to bid or request for
123	proposals. Temporarily protecting such information ensures that
124	the process of invitations to bid and requests for proposals
125	remains economical and equitable, while still preserving
126	oversight after an agency decision is made.
127	(2)  The Legislature further finds that it is a public
128	necessity that a competitive sealed reply in response to an
129	invitation to negotiate be made temporarily exempt from public
130	records requirements. In addition, a competitive sealed reply in
131	response to an invitation to negotiate which is rejected by an
132	agency should be made temporarily exempt from public records
133	requirements if the agency concurrently provides notice of its
134	intent to reissue the invitation to negotiate and reissues the
135	invitation to negotiate within 90 days after the notice of
136	intent to reissue the invitation to negotiate. Such reply will
137	be made available when the agency provides notice of a decision
138	or intended decision, as required under the Administrative
139	Procedure Act, or if the agency withdraws the reissued
140	invitation to negotiate. Temporarily protecting such reply
141	ensures that the process of invitations to negotiate remains
142	economical and equitable, while still preserving oversight after
143	an agency decision is made.
144	(3)  Additionally, the Legislature finds that it is a
145	public necessity that a meeting at which a negotiation with a
146	vendor is conducted pursuant to s. 287.057(3), Florida Statutes,
147	be made exempt from public meetings requirements. Protecting
148	such meetings ensures that the process of invitations to
149	negotiate remains economical and equitable, while still
150	preserving oversight after an agency decision is made through
151	the requirement that a complete recording be made of those
152	meetings. Furthermore, the recording of that closed portion of
153	the meeting must be made temporarily exempt from public records
154	requirements in order to preserve the purpose for the public
155	meetings exemption. In addition, it is unfair and inequitable to
156	compel vendors to disclose during the negotiation process the
157	nature and details of their offers to competitors and to others
158	beyond the agency. Further, the Legislature finds that such
159	disclosure impedes full and frank discussion of the strength,
160	weakness, and value of an offer, thereby limiting the agency's
161	ability to obtain the best value for the state. The Legislature
162	also finds that it is unfair and inequitable to publicly discuss
163	and otherwise disclose negotiation strategies, assessment of
164	vendors' offers or positions, or the nature or details of
165	offers. The public and private harm stemming from these
166	practices outweighs the temporary delay in making meetings and
167	records related to the negotiation process open to the public.
168	Section 4.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.