Senate Bill sb2316c1
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Florida Senate - 2006 CS for SB 2316
By the Committee on Governmental Oversight and Productivity;
and Senator Sebesta
585-2198-06
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.071, F.S.; creating a temporary exemption
4 from public-records requirements for rejected
5 bids and proposals received by a state agency
6 if the agency reissues the invitation to bid or
7 request for proposals; creating a temporary
8 exemption for a competitive sealed reply in
9 response to an invitation to negotiate;
10 providing an extension of the temporary
11 exemption if the agency reissues the invitation
12 to negotiate; amending s. 286.0113, F.S.;
13 creating an exemption from public-meetings
14 requirements for a negotiation with a vendor;
15 requiring a recording of the meeting;
16 temporarily exempting the recording from
17 disclosure; providing for future legislative
18 review and repeal of such exemption under the
19 Open Government Sunset Review Act; providing a
20 statement of public necessity; providing an
21 effective date.
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23 Be It Enacted by the Legislature of the State of Florida:
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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
28 of 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
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Florida Senate - 2006 CS for SB 2316
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1 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
2 Constitution until such time as the agency provides notice of
3 a decision or intended decision pursuant to s. 120.57(3)(a) or
4 within 10 days after bid or proposal opening, whichever is
5 earlier.
6 b. If an agency rejects all bids or proposals
7 submitted in response to an invitation to bid or request for
8 proposals and the agency concurrently provides notice of its
9 intent to reissue the invitation to bid or request for
10 proposals, the rejected bids or proposals remain exempt from
11 s. 119.07(1) and s. 24(a), Art. I of the State Constitution
12 until such time as the agency provides notice of a decision or
13 intended decision pursuant to s. 120.57(3)(a) concerning the
14 reissued invitation to bid or request for proposals or until
15 the agency withdraws the reissued invitation to bid or request
16 for proposals. This sub-subparagraph is subject to the Open
17 Government Sunset Review Act in accordance with s. 119.15, and
18 shall stand repealed on October 2, 2011, unless reviewed and
19 saved from repeal through reenactment by the Legislature.
20 2.a. A competitive sealed reply in response to an
21 invitation to negotiate, as defined in s. 287.012, is exempt
22 from s. 119.07(1) and s. 24(a), Art. I of the State
23 Constitution until such time as the agency provides notice of
24 a decision or intended decision pursuant to s. 120.57(3)(a) or
25 until 20 days after the final competitive sealed replies are
26 all opened, whichever occurs earlier.
27 b. If an agency rejects all competitive sealed replies
28 in response to an invitation to negotiate and the agency
29 concurrently provides notice of its intent to reissue the
30 invitation to negotiate and if the agency reissues the
31 invitation to negotiate within 90 days after such notice to
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Florida Senate - 2006 CS for SB 2316
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1 reissue, the rejected replies remain exempt from s. 119.07(1)
2 and s. 24(a), Art. I of the State Constitution until such time
3 as the agency provides notice of a decision or intended
4 decision pursuant to s. 120.57(3)(a) concerning the reissued
5 invitation to negotiate or until the agency withdraws the
6 reissued invitation to negotiate. A competitive sealed reply
7 is not exempt for longer than 12 months after the initial
8 agency notice rejecting all replies.
9 3. This subparagraph is subject to the Open Government
10 Sunset Review Act in accordance with s. 119.15, and shall
11 stand repealed on October 2, 2011, unless reviewed and saved
12 from repeal through reenactment by the Legislature.
13 Section 2. Section 286.0113, Florida Statutes, is
14 amended to read:
15 286.0113 General exemptions from public meetings.--
16 (1) Those portions of any meeting which would reveal a
17 security system plan or portion thereof made confidential and
18 exempt by s. 119.071(3)(a) are exempt from the provisions of
19 s. 286.011 and s. 24(b), Art. I of the State Constitution.
20 This section is subject to the Open Government Sunset Review
21 Act, in accordance with s. 119.15, and shall stand repealed on
22 October 2, 2006, unless reviewed and saved from repeal through
23 reenactment by the Legislature.
24 (2)(a) A meeting at which a negotiation with a vendor
25 is conducted pursuant to s. 287.057(3) is exempt from s.
26 286.011 and s. 24(b), Art. I of the State Constitution.
27 (b)1. A complete recording shall be made of any
28 meeting made exempt in paragraph (a). No portion of the
29 meeting may be held off the record.
30 2. The recording is exempt from s. 119.07(1) and s.
31 24(a), Art. I of the State Constitution until such time as the
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1 agency provides notice of a decision or intended decision
2 pursuant to s. 120.57(3)(a) or until 20 days after the final
3 competitive sealed replies are all opened, whichever occurs
4 earlier.
5 3. If the agency rejects all sealed replies, the
6 recording remains exempt from s. 119.07(1) and s. 24(a), Art.
7 I of the State Constitution until such time as the agency
8 provides notice of a decision or intended decision pursuant to
9 s. 120.57(3)(a) concerning the reissued invitation to
10 negotiate or until the agency withdraws the reissued
11 invitation to negotiate. A recording is not exempt for longer
12 than 12 months after the initial agency notice rejecting all
13 replies.
14 (c) This subsection is subject to the Open Government
15 Sunset Review Act in accordance with s. 119.15, and shall
16 stand repealed on October 2, 2011, unless reviewed and saved
17 from repeal through reenactment by the Legislature.
18 Section 3. (1) The Legislature finds that it is a
19 public necessity that sealed bids or proposals submitted in
20 response to an invitation to bid or requests for proposals
21 that are rejected by an agency be made exempt temporarily from
22 public-records requirements if the agency concurrently
23 provides notice of its intent to reissue the invitation to bid
24 or request for proposals. Such records will be made available
25 when the agency provides notice of a decision or intended
26 decision, as required under the Administrative Procedure Act,
27 or if the agency withdraws the reissued invitation to bid or
28 request for proposals. Temporarily protecting such information
29 ensures that the process of invitations to bid and requests
30 for proposals remains economical and equitable, while still
31 preserving oversight after an agency decision is made.
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1 (2) The Legislature further finds that it is a public
2 necessity that a competitive sealed reply in response to an
3 invitation to negotiate be made exempt temporarily from
4 public-records requirements. In addition, a competitive sealed
5 reply in response to an invitation to negotiate which is
6 rejected by an agency should be made exempt temporarily from
7 public-records requirements if the agency concurrently
8 provides notice of its intent to reissue the invitation to
9 negotiate. Such reply will be made available when the agency
10 provides notice of a decision or intended decision, as
11 required under the Administrative Procedure Act, or if the
12 agency withdraws the reissued invitation to negotiate.
13 Temporarily protecting such reply ensures that the process of
14 invitations to negotiate remains economical and equitable,
15 while still preserving oversight after an agency decision is
16 made.
17 (3) Additionally, the Legislature finds that it is a
18 public necessity that a meeting at which a negotiation with a
19 vendor is conducted pursuant to s. 287.057(3), Florida
20 Statutes, be made exempt from public-meetings requirements.
21 Protecting such meetings ensures that the process of
22 invitations to negotiate remains economical and equitable,
23 while still preserving oversight after an agency decision is
24 made through the requirement that a complete recording be made
25 of those meetings. Furthermore, the recording of that closed
26 portion of the meeting must be made exempt temporarily from
27 public-records requirements in order to preserve the purpose
28 for the public-meetings exemption. In addition, it is unfair
29 and inequitable to compel vendors to disclose during the
30 negotiation process the nature and details of their offers to
31 competitors and to others beyond the agency. Further, the
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1 Legislature finds that such disclosure impedes full and frank
2 discussion of the strength, weakness, and value of an offer,
3 thereby limiting the agency's ability to obtain the best value
4 for the state. The Legislature also finds that it is unfair
5 and inequitable to publicly discuss and otherwise disclose
6 negotiation strategies, assessment of vendors' offers or
7 positions, or the nature or details of offers. The public and
8 private harm stemming from these practices outweighs the
9 temporary delay in making meetings and records related to the
10 negotiation process open to the public.
11 Section 4. This act shall take effect upon becoming a
12 law.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2316
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4 Extends the temporary exemption for bids or proposals received
pursuant to an invitation to bid or a request for proposals if
5 all bids or proposals are rejected and the agency concurrently
provides notice of its intent to reissue the bid or request
6 for proposals. In such cases, the rejected bids or proposals
remain exempt until the agency provides notice of a decision
7 or intended decision concerning the invitation to bid or
request for proposals.
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Creates an exemption for competitive sealed replies in
9 response to an invitation to negotiate until an agency
provides notice of a decision or intended decision or until 20
10 days after the final competitive sealed replies are all
opened, whichever is earlier. If the agency rejects all
11 replies and concurrently provides notice of intent to reissue
the invitation to negotiate, and reissues the invitation
12 within 90 days, the rejected replies remain exempt until the
agency provides notice of a decision or intended decision or
13 until the agency withdraws the invitation. In no event are
replies exempt longer than 12 months after the initial agency
14 notice rejecting all replies.
15 Creates a meeting exemption for negotiations. Requires all
such exempt meetings to be recorded. Exempts records of such
16 meetings until such time as the agency provides a decision or
intended decision or until 20 days after the final competitive
17 sealed replies are all opened, whichever is earlier. If the
agency rejects all sealed replies, the recording remains
18 exempt until such time as the agency provides notice of a
decision or intended decision concerning the reissued
19 invitation to negotiate or until the agency withdraws the
reissued invitation to negotiate. In no event is a recording
20 exempt for more than twelve months after the initial agency
notice rejecting all replies.
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