Florida Senate - 2021 SB 7050
By the Committee on Community Affairs
578-02375-21 20217050__
1 A bill to be entitled
2 An act relating to a review under the Open Government
3 Sunset Review Act; amending s. 255.065, F.S., which
4 provides exemptions from public records and public
5 meetings requirements for unsolicited proposals
6 received by a responsible public entity and portions
7 of meetings at which such proposals are discussed;
8 removing the scheduled repeal of the exemption;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (15) of section 255.065, Florida
14 Statutes, is amended to read:
15 255.065 Public-private partnerships; public records and
16 public meetings exemptions.—
17 (15) PUBLIC RECORDS AND PUBLIC MEETINGS EXEMPTIONS.—
18 (a) As used in this subsection, the term “competitive
19 solicitation” has the same meaning as provided in s. 119.071(1).
20 (b)1. An unsolicited proposal received by a responsible
21 public entity is exempt from s. 119.07(1) and s. 24(a), Art. I
22 of the State Constitution until such time as the responsible
23 public entity provides notice of an intended decision for a
24 qualifying project.
25 2. If the responsible public entity rejects all proposals
26 submitted pursuant to a competitive solicitation for a
27 qualifying project and such entity concurrently provides notice
28 of its intent to seek additional proposals for such project, the
29 unsolicited proposal remains exempt until the responsible public
30 entity provides notice of an intended decision concerning the
31 reissued competitive solicitation for the qualifying project or
32 until the responsible public entity withdraws the reissued
33 competitive solicitation for such project.
34 3. An unsolicited proposal is exempt for no longer than 90
35 days after the initial notice by the responsible public entity
36 rejecting all proposals.
37 (c) If the responsible public entity does not issue a
38 competitive solicitation for a qualifying project, the
39 unsolicited proposal ceases to be exempt 180 days after receipt
40 of the unsolicited proposal by such entity.
41 (d)1. Any portion of a meeting of a responsible public
42 entity during which an unsolicited proposal that is exempt is
43 discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
44 State Constitution.
45 2.a. A complete recording must be made of any portion of an
46 exempt meeting. No portion of the exempt meeting may be held off
47 the record.
48 b. The recording of, and any records generated during, the
49 exempt meeting are exempt from s. 119.07(1) and s. 24(a), Art. I
50 of the State Constitution until such time as the responsible
51 public entity provides notice of an intended decision for a
52 qualifying project or 180 days after receipt of the unsolicited
53 proposal by the responsible public entity if such entity does
54 not issue a competitive solicitation for the project.
55 c. If the responsible public entity rejects all proposals
56 and concurrently provides notice of its intent to reissue a
57 competitive solicitation, the recording and any records
58 generated at the exempt meeting remain exempt from s. 119.07(1)
59 and s. 24(a), Art. I of the State Constitution until such time
60 as the responsible public entity provides notice of an intended
61 decision concerning the reissued competitive solicitation or
62 until the responsible public entity withdraws the reissued
63 competitive solicitation for such project.
64 d. A recording and any records generated during an exempt
65 meeting are exempt for no longer than 90 days after the initial
66 notice by the responsible public entity rejecting all proposals.
67 (e) This subsection is subject to the Open Government
68 Sunset Review Act in accordance with s. 119.15 and shall stand
69 repealed on October 2, 2021, unless reviewed and saved from
70 repeal through reenactment by the Legislature.
71 Section 2. This act shall take effect October 1, 2021.