Florida Senate - 2014 CS for SB 1318 By the Committee on Community Affairs; and Senator Evers 578-02840-14 20141318c1 1 A bill to be entitled 2 An act relating to public records and meetings; 3 amending s. 287.05712, F.S.; defining the term 4 “proprietary confidential business information”; 5 creating an exemption from public records requirements 6 for unsolicited proposals for a qualifying public 7 private project received by a responsible public 8 entity for a specified period; providing that 9 proprietary confidential business information in an 10 unsolicited proposal remains confidential and exempt 11 from public records requirements; creating an 12 exemption from public meetings requirements for 13 portions of meetings at which confidential and exempt 14 information is discussed; requiring a recording to be 15 made of a closed portion of a meeting; providing for 16 future repeal and legislative review of the 17 exemptions; providing statements of public necessity; 18 providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Subsection (16) is added to section 287.05712, 23 Florida Statutes, to read: 24 287.05712 Public-private partnerships; public records and 25 public meetings exemptions.— 26 (16) PUBLIC RECORDS AND PUBLIC MEETINGS EXEMPTIONS.— 27 (a) As used in this subsection, the term “proprietary 28 confidential business information” means information that has 29 been designated by a private entity when provided to a 30 responsible public entity as information that is owned or 31 controlled by the private entity, is intended to be and is 32 treated by the private entity as private and the disclosure of 33 which would harm the business operations of the private entity, 34 has not otherwise been intentionally disclosed by the private 35 entity, and is information concerning: 36 1. Trade secrets as defined in s. 688.002; 37 2. Financial statements or financing terms; 38 3. Patent-pending or copyrighted designs; 39 4. Leasing or real property acquisition plans; or 40 5. Marketing studies. 41 (b)1. An unsolicited proposal received by a responsible 42 public entity is confidential and exempt from s. 119.07(1) and 43 s. 24(a), Art. I of the State Constitution until such time that 44 the responsible public entity receives, opens, and ranks the 45 proposals as set forth in paragraph (6)(c) and provides notice 46 of its intended decision. 47 2. An unsolicited proposal is not confidential and exempt 48 for more than 90 days after the date the responsible public 49 entity rejects all proposals submitted as provided in paragraph 50 (6)(c) or the date of receipt of a proposal for a project which 51 the responsible public entity does not intend to enter into an 52 agreement for. If the unsolicited proposal contains information 53 designated by the private entity as proprietary confidential 54 business information, such information shall remain confidential 55 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 56 Constitution. 57 (c)1. A portion of a meeting of a responsible public entity 58 at which information that is confidential and exempt under 59 paragraph (b) is discussed, is exempt from s. 286.011 and s. 60 24(b), Art. I of the State Constitution. 61 2. An exempt portion of a meeting shall be recorded and 62 transcribed. The responsible public entity shall record the 63 times of commencement and termination of the meeting, all 64 discussions and proceedings, the names of all persons present at 65 any time, and the names of all persons speaking. An exempt 66 portion of a meeting may not be off the record. 67 3. A portion of the transcript of a meeting which reveals 68 proprietary confidential business information is confidential 69 and exempt from s. 119.07(1) and s. 24(a), Art. II of the State 70 Constitution. 71 (d) This subsection is subject to the Open Government 72 Sunset Review Act in accordance with s. 119.15 and shall stand 73 repealed on October 2, 2019, unless reviewed and saved from 74 repeal through reenactment by the Legislature. 75 Section 2. (1) The Legislature finds that it is a public 76 necessity that an unsolicited proposal held by a responsible 77 public entity pursuant to s. 287.05712, Florida Statutes, be 78 made confidential and exempt from s. 119.07(1), Florida 79 Statutes, and s. 24(a), Article I of the State Constitution 80 until such time that the responsible public entity receives, 81 opens, and ranks the proposals set forth in s. 287.05712(6)(c), 82 Florida Statutes, or, if the responsible public entity rejects 83 all proposals or decides not to enter into an agreement, no more 84 than 90 days after such decision. The disclosure of information 85 in an unsolicited proposal, such as financing mechanisms and 86 terms, formulas, and designs, could give competitors an unfair 87 business advantage by publicizing the proposal’s financial 88 strategy and innovative plans, thereby injuring the private 89 entity that submitted the unsolicited proposal and placing the 90 private entity at a competitive disadvantage in the marketplace. 91 Without the exemption, private entities might not submit 92 unsolicited proposals that could provide timely and cost 93 effective solutions for qualifying projects that serve a public 94 need. The exemption is narrowly drawn in that only proprietary 95 confidential business information in an unsolicited proposal 96 will remain confidential and exempt if such information has not 97 otherwise been made available by a private entity. Therefore, 98 the Legislature finds that the harm that may result from the 99 release of such information outweighs any public benefit that 100 may be derived from disclosure of such the information. 101 (2) The Legislature further finds that, in order to 102 maintain the confidential and exempt status of this information, 103 it is a public necessity that a portion of a meeting of a 104 responsible public entity at which information made confidential 105 and exempt from public records requirements under this act is 106 discussed be made exempt from s. 286.011, Florida Statutes, and 107 s. 24(b), Article I of the State Constitution. Public oversight 108 is preserved by requiring a transcript of any portion of such 109 closed meetings of a responsible public entity. 110 Section 3. This act shall take effect July 1, 2014.