Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 1396
Ì145580)Î145580
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/11/2014 .
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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.