Florida Senate - 2021                   (PROPOSED BILL) SPB 7050
       
       
        
       FOR CONSIDERATION By the Committee on Community Affairs
       
       
       
       
       
       578-02220-21                                          20217050pb
    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., relating
    4         to an exemption from public records requirements for
    5         unsolicited proposals and meetings discussing such
    6         proposals; removing the scheduled repeal of the
    7         exemption; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (15) of section 255.065, Florida
   12  Statutes, is amended to read:
   13         255.065 Public-private partnerships; public records and
   14  public meetings exemptions.—
   15         (15) PUBLIC RECORDS AND PUBLIC MEETINGS EXEMPTIONS.—
   16         (a) As used in this subsection, the term “competitive
   17  solicitation” has the same meaning as provided in s. 119.071(1).
   18         (b)1. An unsolicited proposal received by a responsible
   19  public entity is exempt from s. 119.07(1) and s. 24(a), Art. I
   20  of the State Constitution until such time as the responsible
   21  public entity provides notice of an intended decision for a
   22  qualifying project.
   23         2. If the responsible public entity rejects all proposals
   24  submitted pursuant to a competitive solicitation for a
   25  qualifying project and such entity concurrently provides notice
   26  of its intent to seek additional proposals for such project, the
   27  unsolicited proposal remains exempt until the responsible public
   28  entity provides notice of an intended decision concerning the
   29  reissued competitive solicitation for the qualifying project or
   30  until the responsible public entity withdraws the reissued
   31  competitive solicitation for such project.
   32         3. An unsolicited proposal is exempt for no longer than 90
   33  days after the initial notice by the responsible public entity
   34  rejecting all proposals.
   35         (c) If the responsible public entity does not issue a
   36  competitive solicitation for a qualifying project, the
   37  unsolicited proposal ceases to be exempt 180 days after receipt
   38  of the unsolicited proposal by such entity.
   39         (d)1. Any portion of a meeting of a responsible public
   40  entity during which an unsolicited proposal that is exempt is
   41  discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
   42  State Constitution.
   43         2.a. A complete recording must be made of any portion of an
   44  exempt meeting. No portion of the exempt meeting may be held off
   45  the record.
   46         b. The recording of, and any records generated during, the
   47  exempt meeting are exempt from s. 119.07(1) and s. 24(a), Art. I
   48  of the State Constitution until such time as the responsible
   49  public entity provides notice of an intended decision for a
   50  qualifying project or 180 days after receipt of the unsolicited
   51  proposal by the responsible public entity if such entity does
   52  not issue a competitive solicitation for the project.
   53         c. If the responsible public entity rejects all proposals
   54  and concurrently provides notice of its intent to reissue a
   55  competitive solicitation, the recording and any records
   56  generated at the exempt meeting remain exempt from s. 119.07(1)
   57  and s. 24(a), Art. I of the State Constitution until such time
   58  as the responsible public entity provides notice of an intended
   59  decision concerning the reissued competitive solicitation or
   60  until the responsible public entity withdraws the reissued
   61  competitive solicitation for such project.
   62         d. A recording and any records generated during an exempt
   63  meeting are exempt for no longer than 90 days after the initial
   64  notice by the responsible public entity rejecting all proposals.
   65         (e) This subsection is subject to the Open Government
   66  Sunset Review Act in accordance with s. 119.15 and shall stand
   67  repealed on October 2, 2021, unless reviewed and saved from
   68  repeal through reenactment by the Legislature.
   69         Section 2. This act shall take effect October 1, 2021.