HB 7223

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act; amending s. 119.071, F.S., which
4	provides an exemption from public records requirements for
5	bids, proposals, or replies submitted to an agency in
6	response to a competitive solicitation; expanding the
7	public records exemption by extending the duration of the
8	exemption; providing a definition; reorganizing the
9	exemption; providing for future repeal and legislative
10	review of the exemption under the Open Government Sunset
11	Review Act; amending s. 286.0113, F.S., which provides an
12	exemption from public meetings requirements for meetings
13	at which a negotiation with a vendor is conducted and
14	which provides an exemption from public records
15	requirements for recordings of exempt meetings; expanding
16	the public meetings exemption to include meetings at which
17	a negotiation with a vendor is conducted pursuant to a
18	competitive solicitation, at which a vendor makes an oral
19	presentation as part of a competitive solicitation, at
20	which a vendor answers questions as part of a competitive
21	solicitation, and at which team members discuss
22	negotiation strategies; expanding the public records
23	exemption to include any records presented at an exempt
24	meeting; providing definitions; reorganizing the
25	exemption; providing for future repeal and legislative
26	review of the public meetings and public records
27	exemptions under the Open Government Sunset Review Act;
28	providing a statement of public necessity; providing an
29	effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  Paragraph (b) of subsection (1) of section
34	119.071, Florida Statutes, is amended to read:
35	119.071  General exemptions from inspection or copying of
36	public records.-
37	(1)  AGENCY ADMINISTRATION.-
38	(b)1.  For purposes of this paragraph "competitive
39	solicitation" means the process of requesting and receiving
40	sealed bids, proposals, or replies submitted by responsive
41	vendors in accordance with the terms of a competitive process,
42	regardless of the method of procurement.
43	2.a.  Sealed bids, or proposals, or replies received by an
44	agency pursuant to a competitive solicitation invitations to bid
45	or requests for proposals are exempt from s. 119.07(1) and s.
46	24(a), Art. I of the State Constitution until such time as the
47	agency provides notice of an a decision or intended decision to
48	make a contract award pursuant to s. 120.57(3)(a) or until 30
49	within 10 days after opening the bids, proposals, or replies bid
50	or proposal opening, whichever is earlier.
51	3.b.  If an agency rejects all bids, or proposals, or
52	replies submitted in response to a competitive solicitation an
53	invitation to bid or request for proposals and the agency
54	concurrently provides notice of its intent to reissue the
55	competitive solicitation invitation to bid or request for
56	proposals, the rejected bids, or proposals, or replies remain
57	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
58	Constitution until such time as the agency provides notice of an
59	a decision or intended decision to make a contract award
60	pursuant to s. 120.57(3)(a) concerning the reissued competitive
61	solicitation invitation to bid or request for proposals or until
62	the agency withdraws the reissued competitive solicitation
63	invitation to bid or request for proposals. A bid, proposal, or
64	reply is not exempt for longer than 12 months after the initial
65	agency notice rejecting all bids, proposals, or replies. This
66	sub-subparagraph is subject to the Open Government Sunset Review
67	Act in accordance with s. 119.15 and shall stand repealed on
68	October 2, 2011, unless reviewed and saved from repeal through
69	reenactment by the Legislature.
70	2.a.  A competitive sealed reply in response to an
71	invitation to negotiate, as defined in s. 287.012, is exempt
72	from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
73	until such time as the agency provides notice of a decision or
74	intended decision pursuant to s. 120.57(3)(a) or until 20 days
75	after the final competitive sealed replies are all opened,
76	whichever occurs earlier.
77	b.  If an agency rejects all competitive sealed replies in
78	response to an invitation to negotiate and concurrently provides
79	notice of its intent to reissue the invitation to negotiate and
80	reissues the invitation to negotiate within 90 days after the
81	notice of intent to reissue the invitation to negotiate, the
82	rejected replies remain exempt from s. 119.07(1) and s. 24(a),
83	Art. I of the State Constitution until such time as the agency
84	provides notice of a decision or intended decision pursuant to
85	s. 120.57(3)(a) concerning the reissued invitation to negotiate
86	or until the agency withdraws the reissued invitation to
87	negotiate. A competitive sealed reply is not exempt for longer
88	than 12 months after the initial agency notice rejecting all
89	replies.
90	4.c.  This paragraph subparagraph is subject to the Open
91	Government Sunset Review Act in accordance with s. 119.15 and
92	shall stand repealed on October 2, 2016 2011, unless reviewed
93	and saved from repeal through reenactment by the Legislature.
94	Section 2.  Subsection (2) of section 286.0113, Florida
95	Statutes, is amended to read:
96	286.0113  General exemptions from public meetings.-
97	(2)(a)  For purposes of this subsection:
98	1.  "Competitive solicitation" means the process of
99	requesting and receiving sealed bids, proposals, or replies
100	submitted by responsive vendors in accordance with the terms of
101	a competitive process, regardless of the method of procurement.
102	2.  "Team" means a group of members established by a
103	governmental entity for the purpose of conducting negotiations
104	as part of a competitive solicitation.
105	(b)1.  Any portion of a meeting at which a negotiation with
106	a vendor is conducted pursuant to a competitive solicitation, at
107	which a vendor makes an oral presentation as part of a
108	competitive solicitation, or at which a vendor answers questions
109	as part of a competitive solicitation s. 287.057(1) is exempt
110	from s. 286.011 and s. 24(b), Art. I of the State Constitution.
111	2.  Any portion of a team meeting at which negotiation
112	strategies are discussed is exempt from s. 286.011 and s. 24(b),
113	Art. I of the State Constitution.
114	(c)(b)1.  A complete recording shall be made of any portion
115	of an exempt meeting made exempt in paragraph (a). No portion of
116	the exempt meeting may be held off the record.
117	2.  The recording of, and any records presented at, the
118	exempt meeting are required under subparagraph 1. is exempt from
119	s. 119.07(1) and s. 24(a), Art. I of the State Constitution
120	until such time as the agency provides notice of an a decision
121	or intended decision to make a contract award pursuant to s.
122	120.57(3)(a) or until 30 20 days after opening the bids,
123	proposals, or replies the final competitive sealed replies are
124	all opened, whichever occurs earlier.
125	3.  If the agency rejects all bids, proposals, or sealed
126	replies and concurrently provides notice of its intent to
127	reissue a competitive solicitation, the recording and any
128	records presented at the exempt meeting remain remains exempt
129	from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
130	until such time as the agency provides notice of an a decision
131	or intended decision to make a contract award pursuant to s.
132	120.57(3)(a) concerning the reissued competitive solicitation
133	invitation to negotiate or until the agency withdraws the
134	reissued competitive solicitation invitation to negotiate. A
135	recording and any records presented at an exempt meeting are is
136	not exempt for longer than 12 months after the initial agency
137	notice rejecting all bids, proposals, or replies.
138	(d)(c)  This subsection is subject to the Open Government
139	Sunset Review Act in accordance with s. 119.15 and shall stand
140	repealed on October 2, 2016 2011, unless reviewed and saved from
141	repeal through reenactment by the Legislature.
142	Section 3.  (1)  The Legislature finds that it is a public
143	necessity that bids, proposals, or replies submitted to an
144	agency in response to a competitive solicitation be made
145	temporarily exempt from public records requirements. Such
146	records shall be made available when the agency provides notice
147	of an intended decision to make a contract award on the
148	competitive solicitation, or when the agency rejects all bids,
149	proposals, or replies and ultimately withdraws a reissued
150	competitive solicitation. Temporarily protecting such
151	information ensures that the process of responding to a
152	competitive solicitation remains fair and economical for
153	vendors, while still preserving oversight after a competitive
154	solicitation decision is made or withdrawn.
155	(2)  The Legislature also finds that it is a public
156	necessity that a meeting at which a negotiation with a vendor is
157	conducted pursuant to a competitive solicitation, at which a
158	vendor makes an oral presentation as part of a competitive
159	solicitation, or at which a vendor answers questions as part of
160	a competitive solicitation be made exempt from public meetings
161	requirements. In addition, it is a public necessity that any
162	records presented at such meetings be made temporarily exempt
163	from public records requirements. The recording of the meeting
164	and any such records shall be made available when the agency
165	provides notice of an intended decision to make a contract award
166	on the competitive solicitation, or when the agency rejects all
167	bids, proposals, or replies and ultimately withdraws a reissued
168	competitive solicitation. Protecting such meetings and
169	temporarily protecting the recording and any records presented
170	by a vendor at such meetings, ensures that the process of
171	responding to a competitive solicitation remains fair and
172	economical for vendors, while still preserving oversight after a
173	competitive solicitation decision is made or withdrawn. It is
174	unfair and inequitable to compel vendors to disclose to
175	competitors the nature and details of their proposals during
176	such meetings or through the minutes or records presented at
177	such meetings. Such disclosure impedes full and frank discussion
178	of the strengths, weaknesses, and value of a bid, proposal, or
179	response, thereby limiting the ability of the agency to obtain
180	the best value for the public. The public and private harm
181	stemming from these practices outweighs the temporary delay in
182	access to records related to the competitive solicitation.
183	(3)  The Legislature further finds that it is a public
184	necessity that any portion of a team meeting at which
185	negotiation strategies are discussed be made exempt from public
186	meetings requirements. In addition, it is a public necessity
187	that the recording of such meeting be made temporarily exempt
188	from public records requirements. The recording of the meeting
189	shall be made available when the agency provides notice of an
190	intended decision to make a contract award on the competitive
191	solicitation, or when the agency rejects all bids, proposals, or
192	replies and ultimately withdraws a reissued competitive
193	solicitation. Team members often meet to strategize about
194	competitive solicitations and the approach to take as part of
195	the evaluation process. Without the public meeting exemption and
196	the limited public record exemption, the effective and efficient
197	administration of the competitive solicitation process would be
198	hindered.
199	Section 4.  This act shall take effect upon becoming a law.

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