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.