Florida Senate - 2025                                    SB 1278
       
       
        
       By Senator Collins
       
       
       
       
       
       14-00813A-25                                          20251278__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         287.042, F.S.; providing an exemption from public
    4         records requirements for certain vendor information
    5         held by the Department of Management Services in
    6         electronic systems; authorizing the sharing of such
    7         information to other governmental entities for a
    8         specified purpose; providing for future legislative
    9         review and repeal of the exemption; providing a
   10         statement of public necessity; providing a contingent
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14                                                                  
   15         Section 1. Paragraph (c) of subsection (6) of section
   16  287.042, Florida Statutes, as created in SB 1276 or similar
   17  legislation, 2025 Regular Session, is amended to read:
   18         287.042 Powers, duties, and functions.—The department shall
   19  have the following powers, duties, and functions:
   20         (6)
   21         (c)1. To grant governmental entities, as defined in s.
   22  287.138, access to electronic systems that provide background
   23  information on vendors seeking to do business with the state.
   24         2. Any information about vendors held in electronic
   25  systems, which provides background information, along with any
   26  related information derived or created from such information, is
   27  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   28  Constitution, except that the information may be shared with
   29  another governmental entity in furtherance of its duties and
   30  responsibilities without the department waiving such exemption.
   31  This subparagraph is subject to the Open Government Sunset
   32  Review Act in accordance with s. 119.15 and shall stand repealed
   33  on October 2, 2030, unless reviewed and saved from repeal
   34  through reenactment by the Legislature.
   35         Section 2. The Legislature finds it a public necessity that
   36  information held in the department’s electronic systems
   37  regarding background information of vendors under s. 287.042,
   38  Florida Statutes, and which is contained in certain records be
   39  made exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   40  Article I of the State Constitution. Protecting the sensitive
   41  and proprietary information contained in records created or
   42  compiled during selection of vendors seeking to do business with
   43  the state is necessary to ensure the integrity of vendor
   44  evaluations and legitimacy of procurement decisions. Public
   45  disclosure of such information could jeopardize the government’s
   46  ability to make critical and time-sensitive decisions on issues
   47  that impact the safety and security of government operations,
   48  including undue influence from foreign countries of concern. The
   49  Legislature further finds that the harm that may result from the
   50  release of such information significantly outweighs any public
   51  benefit that may be derived from the disclosure of such
   52  information. Therefore, it is a public necessity that this
   53  information be made exempt to support the effective monitoring
   54  and enforcement of vendor compliance with statutory obligations.
   55         Section 3. This act shall take effect on the same date that
   56  SB 1276 or similar legislation takes effect, if such legislation
   57  is adopted in the same legislative session or an extension
   58  thereof and becomes a law.