Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 1396 Ì145580)Î145580 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/11/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (14) is added to section 1013.505, 6 Florida Statutes, as created by SB 900, 2014 Regular Session, to 7 read: 8 1013.505 Public-private partnerships; state universities 9 and private entities.— 10 (14) PUBLIC RECORDS AND PUBLIC MEETINGS EXEMPTIONS.— 11 (a) As used in this subsection, the term “proprietary 12 confidential business information” means information that has 13 been designated by a private entity when provided to a state 14 university board of trustees as information that is owned or 15 controlled by the private entity, is intended to be and is 16 treated by the private entity as private and the disclosure of 17 which would harm the business operations of the private entity, 18 has not otherwise been intentionally disclosed by the private 19 entity, and is information concerning: 20 1. Trade secrets as defined in s. 688.002; 21 2. Financial statements or financing terms; 22 3. Patent-pending or copyrighted designs; 23 4. Leasing or real property acquisition plans; or 24 5. Marketing studies. 25 (b)1. If a board receives an unsolicited proposal under 26 this section, the proposal is confidential and exempt from s. 27 119.07(1) and s. 24(a), Art. I of the State Constitution until 28 such time that the board receives and ranks the proposals as 29 described in subsection (5) and provides notice of its intended 30 decision. 31 2. An unsolicited proposal is not confidential and exempt 32 for more than 90 days after the date the board rejects all 33 proposals received for the project described in the unsolicited 34 proposal or, if the board does not intend to enter into an 35 agreement for the project, the date the unsolicited proposal is 36 received. However, even if the board rejects all proposals or 37 decides not to enter into an agreement for the project described 38 in the unsolicited proposal, any proprietary confidential 39 business information contained in the unsolicited proposal shall 40 remain confidential and exempt from s. 119.07(1) and s. 24(a), 41 Art. I of the State Constitution. 42 (c)1. A portion of a meeting of a state university board of 43 trustees at which information that is confidential and exempt 44 under paragraph (b) is discussed, is exempt from s. 286.011 and 45 s. 24(b), Art. I of the State Constitution. 46 2. An exempt portion of a meeting shall be recorded and 47 transcribed. The board shall record the times of commencement 48 and termination of the meeting, all discussions and proceedings, 49 the names of all persons present at any time, and the names of 50 all persons speaking. An exempt portion of a meeting may not be 51 off the record. 52 3. A portion of the transcript of a meeting which reveals 53 proprietary confidential business information is confidential 54 and exempt from s. 119.07(1) and s. 24(a), Art. II of the State 55 Constitution. 56 (d) This subsection is subject to the Open Government 57 Sunset Review Act in accordance with s. 119.15 and shall stand 58 repealed on October 2, 2019, unless reviewed and saved from 59 repeal through reenactment by the Legislature. 60 Section 2. (1) The Legislature finds that it is a public 61 necessity that an unsolicited proposal held by a state 62 university board of trustees pursuant to s. 1013.505, Florida 63 Statutes, be confidential and exempt from public records 64 requirements until the board provides notification of its 65 decision or its intent to make a decision after ranking 66 proposals under s. 1013.505(5)(c), Florida Statutes. The 67 protection of information contained in unsolicited proposals 68 serves a public need by encouraging private investment in state 69 university facilities and further promotes timely and cost 70 effective acquisition, design, construction, improvement, 71 renovation, expansion, equipping, maintenance, operation, 72 implementation, or installation of projects that will be 73 principally used by a state university in serving the 74 university’s core mission that may not be satisfied by existing 75 procurement methods. These unsolicited proposals may contain 76 proprietary confidential business information, and, if such 77 information is made publicly available before a state university 78 board of trustees makes a decision regarding a proposal, 79 competitors could determine the creative financing used to fund 80 these projects. If such information is not protected, it may 81 discourage a private entity from providing an unsolicited 82 proposal to a board in order to avoid having proprietary 83 confidential business information and other business information 84 made public. This exemption is narrowly drawn in that an 85 unsolicited proposal is not confidential and exempt for more 86 than 90 days after the date the board rejects all proposals 87 received for the project described in the unsolicited proposal 88 or, if the board does not intend to enter into an agreement for 89 the project, the date the unsolicited proposal is received. An 90 unsolicited proposal may remain confidential and exempt from 91 public records requirements beyond that period only if it 92 contains proprietary confidential business information. 93 (2) The Legislature further finds that it is a public 94 necessity that a portion of a meeting of a state university 95 board of trustees at which information made confidential and 96 exempt from public records requirements under this act is 97 discussed be exempt from public meetings requirements in order 98 to maintain the confidential and exempt status of this 99 information. Public oversight is preserved by requiring a 100 transcript of any portion of such closed meetings of the board. 101 Section 3. This act shall take effect on the same date that 102 SB 900 or similar legislation takes effect, if such legislation 103 is adopted in the same legislative session or an extension 104 thereof and becomes law. 105 106 ================= T I T L E A M E N D M E N T ================ 107 And the title is amended as follows: 108 Delete everything before the enacting clause 109 and insert: 110 A bill to be entitled 111 An act relating to public records and meetings; 112 amending s. 1013.505, F.S., relating to public-private 113 projects for the upgrade of state university 114 facilities and infrastructure; defining the term 115 “proprietary confidential business information”; 116 creating an exemption from public records requirements 117 for unsolicited proposals held by a state university 118 board of trustees for a specified period; providing 119 that proprietary confidential business information 120 remains confidential and exempt from public records 121 requirements; creating an exemption from public 122 meetings requirements for portions of meetings of a 123 state university board of trustees at which 124 confidential and exempt information is discussed; 125 providing for future review and repeal of the 126 exemptions under the Open Government Sunset Review 127 Act; providing statements of public necessity; 128 providing a contingent effective date.