Florida Senate - 2013                                    SB 1152
       
       
       
       By Senator Margolis
       
       
       
       
       35-00698A-13                                          20131152__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; revising an exemption from public
    4         records requirements for any financial statement that
    5         an agency requires a prospective bidder to submit in
    6         order to prequalify for bidding or for responding to a
    7         proposal for a road or public works project; providing
    8         an exemption from public records requirements for any
    9         financial statement that a governmental entity or
   10         agency requires a prospective bidder to submit when
   11         bidding in response to an invitation to bid,
   12         submitting a letter of interest, or responding to a
   13         request for proposals or an invitation to negotiate
   14         pursuant to a public procurement; providing an
   15         exemption from public records requirements for
   16         financial information that a governmental entity
   17         requires a person to submit when responding to a
   18         solicitation; providing an exception; providing for
   19         future legislative review and repeal of the exemption
   20         under the Open Government Sunset Review Act; providing
   21         a statement of public necessity; providing an
   22         effective date.
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Paragraph (c) of subsection (1) of section
   27  119.071, Florida Statutes, is amended to read:
   28         119.071 General exemptions from inspection or copying of
   29  public records.—
   30         (1) AGENCY ADMINISTRATION.—
   31         (c)1. A Any financial statement that a governmental entity
   32  or an agency requires a prospective bidder to submit when in
   33  order to prequalify for bidding in response to an invitation to
   34  bid, submitting a letter of interest, or for responding to a
   35  request for proposals or an invitation to negotiate pursuant to
   36  a public procurement proposal for a road or any other public
   37  works project is exempt from s. 119.07(1) and s. 24(a), Art. I
   38  of the State Constitution.
   39         2. Any financial information that a governmental entity or
   40  agency requires a person to submit when responding to a
   41  solicitation or otherwise is exempt from s. 119.07(1) and s.
   42  24(a), Art. I of the State Constitution. This subparagraph does
   43  not apply to publicly traded companies and nonprofit
   44  organizations.
   45         3. This paragraph is subject to the Open Government Sunset
   46  Review Act in accordance with s. 119.15 and shall stand repealed
   47  on October 2, 2018, unless reviewed and saved from repeal
   48  through reenactment by the Legislature.
   49         Section 2. It is the finding of the Legislature that it is
   50  a public necessity that a financial statement that a
   51  governmental entity or agency requires a prospective bidder to
   52  submit when bidding in response to an invitation to bid,
   53  submitting a letter of interest, or responding to a request for
   54  proposals or an invitation to negotiate pursuant to a public
   55  procurement be held exempt from public records requirements.
   56  Although it is important to demonstrate financial stability to a
   57  governmental entity or agency making a selection from among
   58  bidders responding to an invitation to bid, individuals and
   59  entities submitting letters of interest, and respondents to
   60  requests for proposals and invitations to negotiate pursuant to
   61  a public procurement, public disclosure of the financial
   62  statement of a prospective bidder or respondent creates an
   63  unfair business advantage for competing firms. Because private
   64  companies and individuals must be able to bid on and compete for
   65  projects without concern that their financial records could be
   66  subject to public scrutiny and, consequently, the scrutiny of
   67  their competitors, it is the finding of the Legislature that a
   68  financial statement that a governmental entity or agency
   69  requires a prospective bidder to submit when bidding in response
   70  to an invitation to bid, submitting a letter of interest, or
   71  responding to a request for proposals or an invitation to
   72  negotiate pursuant to a public procurement be made exempt from
   73  public records requirements.
   74         Section 3. This act shall take effect October 1, 2013.