CS for SB 1318 First Engrossed 20141318e1 1 A bill to be entitled 2 An act relating to public records and meetings; 3 amending s. 287.05712, F.S., relating to qualifying 4 public-private projects for public facilities and 5 infrastructure; defining the term “competitive 6 solicitation”; providing an exemption from public 7 records requirements for unsolicited proposals 8 received by a responsible public entity for a 9 specified period; providing an exemption from public 10 meeting requirements for any portion of a meeting of a 11 responsible public entity during which exempt 12 proposals are discussed; requiring a recording to be 13 made of the closed meeting; providing an exemption 14 from public records requirements for the recording of, 15 and any records generated during, a closed meeting for 16 a specified period; providing for future repeal and 17 legislative review of the exemptions; providing 18 statements of public necessity; providing an effective 19 date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Subsection (16) is added to section 287.05712, 24 Florida Statutes, to read: 25 287.05712 Public-private partnerships; public records and 26 public meetings exemptions.— 27 (16) PUBLIC RECORDS AND PUBLIC MEETINGS EXEMPTIONS.— 28 (a) As used in this subsection, the term “competitive 29 solicitation” has the same meaning as provided in s. 119.071(1). 30 (b)1. An unsolicited proposal received by a responsible 31 public entity is exempt from s. 119.07(1) and s. 24(a), Art. I 32 of the State Constitution until such time as the responsible 33 public entity provides notice of an intended decision for a 34 qualifying project. 35 2. If the responsible public entity rejects all proposals 36 submitted pursuant to a competitive solicitation for a 37 qualifying project and such entity concurrently provides notice 38 of its intent to seek additional proposals for such project, the 39 unsolicited proposal remains exempt until the responsible public 40 entity provides notice of an intended decision concerning the 41 reissued competitive solicitation for the qualifying project or 42 until the responsible public entity withdraws the reissued 43 competitive solicitation for such project. 44 3. An unsolicited proposal is not exempt for longer than 90 45 days after the initial notice by the responsible public entity 46 rejecting all proposals. 47 (c) If the responsible public entity does not issue a 48 competitive solicitation for a qualifying project, the 49 unsolicited proposal ceases to be exempt 180 days after receipt 50 of the unsolicited proposal by such entity. 51 (d)1. Any portion of a board meeting during which an 52 unsolicited proposal that is exempt is discussed is exempt from 53 s. 286.011 and s. 24(b), Art. I of the State Constitution. 54 2.a. A complete recording must be made of any portion of an 55 exempt meeting. No portion of the exempt meeting may be held off 56 the record. 57 b. The recording of, and any records generated during, the 58 exempt meeting are exempt from s. 119.07(1) and s. 24(a), Art. I 59 of the State Constitution until such time as the responsible 60 public entity provides notice of an intended decision for a 61 qualifying project or 180 days after receipt of the unsolicited 62 proposal by the responsible public entity if such entity does 63 not issue a competitive solicitation for the project. 64 c. If the responsible public entity rejects all proposals 65 and concurrently provides notice of its intent to reissue a 66 competitive solicitation, the recording and any records 67 generated at the exempt meeting remain exempt from s. 119.07(1) 68 and s. 24(a), Art. I of the State Constitution until such time 69 as the responsible public entity provides notice of an intended 70 decision concerning the reissued competitive solicitation or 71 until the responsible public entity withdraws the reissued 72 competitive solicitation for such project. 73 d. A recording and any records generated during an exempt 74 meeting are not exempt for longer than 90 days after the initial 75 notice by the responsible public entity rejecting all proposals. 76 (e) This subsection is subject to the Open Government 77 Sunset Review Act in accordance with s. 119.15 and shall stand 78 repealed on October 2, 2019, unless reviewed and saved from 79 repeal through reenactment by the Legislature. 80 Section 2. (1) The Legislature finds that it is a public 81 necessity that an unsolicited proposal received by a responsible 82 public entity pursuant to s. 287.05712, Florida Statutes, be 83 made exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 84 Article I of the State Constitution until a time certain. 85 Prohibiting the public release of unsolicited proposals until a 86 time certain ensures the effective and efficient administration 87 of the public-private partnership process established in s. 88 287.05712, Florida Statutes. Temporarily protecting unsolicited 89 proposals protects the public-private partnership process by 90 encouraging private entities to submit such proposals, which 91 will facilitate the timely development and operation of a 92 qualifying project. Protecting such information ensures that 93 other private entities do not gain an unfair competitive 94 advantage. The public records exemption preserves public 95 oversight of the public-private partnership process by providing 96 for disclosure of the unsolicited proposal when the responsible 97 public entity provides notice of an intended decision; no longer 98 than 90 days after the responsible public entity rejects all 99 proposals received in a competitive solicitation for a 100 qualifying project; or 180 days after receipt of an unsolicited 101 proposal if such entity does not issue a competitive 102 solicitation for a qualifying project related to the proposal. 103 (2) The Legislature further finds that it is a public 104 necessity that any portion of a meeting of the responsible 105 public entity during which an unsolicited proposal that is 106 exempt from public records requirements is discussed be made 107 exempt from s. 286.011, Florida Statutes, and s. 24(b), Article 108 I of the State Constitution. The Legislature also finds that it 109 is a public necessity that the recording of, and any records 110 generated during, a closed meeting be made temporarily exempt 111 from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of 112 the State Constitution. Failure to close any portion of a 113 meeting during which such unsolicited proposal is discussed, and 114 failure to protect the release of the recording and records 115 generated during that closed meeting, would defeat the purpose 116 of the public records exemption. In addition, the Legislature 117 finds that public oversight is maintained because the public 118 records exemption for the recording and records generated during 119 any closed portion of a meeting of the responsible public entity 120 are subject to public disclosure when such entity provides 121 notice of an intended decision; no longer than 90 days after the 122 responsible public entity rejects all proposals received in a 123 competitive solicitation for a qualifying project; or 180 days 124 after receipt of an unsolicited proposal if the responsible 125 public entity does not issue a competitive solicitation for a 126 qualifying project related to the proposal. 127 Section 3. This act shall take effect July 1, 2014.