HB 1369

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

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