Florida Senate - 2014                      CS for CS for SB 1396
       
       
        
       By the Committees on Rules; and Education; and Senator Montford
       
       
       
       
       
       595-04151-14                                          20141396c2
    1                        A bill to be entitled                      
    2         An act relating to public records and meetings;
    3         amending s. 1013.505, F.S., relating to public-private
    4         projects for the upgrade of state university
    5         facilities and infrastructure; defining the term
    6         “proprietary confidential business information”;
    7         creating an exemption from public records requirements
    8         for unsolicited proposals held by a state university
    9         board of trustees for a specified period; providing
   10         that proprietary confidential business information
   11         remains confidential and exempt from public records
   12         requirements; creating an exemption from public
   13         meetings requirements for portions of meetings of a
   14         state university board of trustees at which
   15         confidential and exempt information is discussed;
   16         providing for future review and repeal of the
   17         exemptions under the Open Government Sunset Review
   18         Act; providing statements of public necessity;
   19         providing a contingent effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (15) is added to section 1013.505,
   24  Florida Statutes, as created by SB 900, 2014 Regular Session, to
   25  read:
   26         1013.505 Public-private partnerships; state universities.—
   27         (15) PUBLIC RECORDS AND PUBLIC MEETINGS EXEMPTIONS.—
   28         (a) As used in this subsection, the term “proprietary
   29  confidential business information” means information that has
   30  been designated by a private entity when provided to a state
   31  university board of trustees as information that is owned or
   32  controlled by the private entity, is intended to be and is
   33  treated by the private entity as private and the disclosure of
   34  which would harm the business operations of the private entity,
   35  has not otherwise been intentionally disclosed by the private
   36  entity, and is information concerning:
   37         1. Trade secrets as defined in s. 688.002;
   38         2. Financial statements or financing terms;
   39         3. Patent-pending or copyrighted designs;
   40         4. Leasing or real property acquisition plans; or
   41         5. Marketing studies.
   42         (b)1. If a board receives an unsolicited proposal under
   43  this section, the proposal is confidential and exempt from s.
   44  119.07(1) and s. 24(a), Art. I of the State Constitution until
   45  such time that the board receives and ranks the proposals as
   46  described in subsection (5) and provides notice of its intended
   47  decision.
   48         2. An unsolicited proposal is not confidential and exempt
   49  for more than 90 days after the date the board rejects all
   50  proposals received for the project described in the unsolicited
   51  proposal or, if the board does not intend to enter into an
   52  agreement for the project, the date the unsolicited proposal is
   53  received. However, even if the board rejects all proposals or
   54  decides not to enter into an agreement for the project described
   55  in the unsolicited proposal, any proprietary confidential
   56  business information contained in the unsolicited proposal shall
   57  remain confidential and exempt from s. 119.07(1) and s. 24(a),
   58  Art. I of the State Constitution.
   59         (c)1. A portion of a meeting of a state university board of
   60  trustees at which information that is confidential and exempt
   61  under paragraph (b) is discussed, is exempt from s. 286.011 and
   62  s. 24(b), Art. I of the State Constitution.
   63         2. An exempt portion of a meeting shall be recorded and
   64  transcribed. The board shall record the times of commencement
   65  and termination of the meeting, all discussions and proceedings,
   66  the names of all persons present at any time, and the names of
   67  all persons speaking. An exempt portion of a meeting may not be
   68  off the record.
   69         3. A portion of the transcript of a meeting which reveals
   70  proprietary confidential business information is confidential
   71  and exempt from s. 119.07(1) and s. 24(a), Art. II of the State
   72  Constitution.
   73         (d) This subsection is subject to the Open Government
   74  Sunset Review Act in accordance with s. 119.15 and shall stand
   75  repealed on October 2, 2019, unless reviewed and saved from
   76  repeal through reenactment by the Legislature.
   77         Section 2. (1) The Legislature finds that it is a public
   78  necessity that an unsolicited proposal held by a state
   79  university board of trustees pursuant to s. 1013.505, Florida
   80  Statutes, be confidential and exempt from public records
   81  requirements until the board provides notification of its
   82  decision or its intent to make a decision after ranking
   83  proposals under s. 1013.505(5)(c), Florida Statutes. The
   84  protection of information contained in unsolicited proposals
   85  serves a public need by encouraging private investment in state
   86  university facilities and further promotes timely and cost
   87  effective acquisition, design, construction, improvement,
   88  renovation, expansion, equipping, maintenance, operation,
   89  implementation, or installation of projects that will be
   90  principally used by a state university in serving the
   91  university’s core mission that may not be satisfied by existing
   92  procurement methods. These unsolicited proposals may contain
   93  proprietary confidential business information, and, if such
   94  information is made publicly available before a state university
   95  board of trustees makes a decision regarding a proposal,
   96  competitors could determine the creative financing used to fund
   97  these projects. If such information is not protected, it may
   98  discourage a private entity from providing an unsolicited
   99  proposal to a board in order to avoid having proprietary
  100  confidential business information and other business information
  101  made public. This exemption is narrowly drawn in that an
  102  unsolicited proposal is not confidential and exempt for more
  103  than 90 days after the date the board rejects all proposals
  104  received for the project described in the unsolicited proposal
  105  or, if the board does not intend to enter into an agreement for
  106  the project, the date the unsolicited proposal is received. An
  107  unsolicited proposal may remain confidential and exempt from
  108  public records requirements beyond that period only if it
  109  contains proprietary confidential business information.
  110         (2) The Legislature further finds that it is a public
  111  necessity that a portion of a meeting of a state university
  112  board of trustees at which information made confidential and
  113  exempt from public records requirements under this act is
  114  discussed be exempt from public meetings requirements in order
  115  to maintain the confidential and exempt status of this
  116  information. Public oversight is preserved by requiring a
  117  transcript of any portion of such closed meetings of the board.
  118         Section 3. This act shall take effect on the same date that
  119  SB 900 or similar legislation takes effect, if such legislation
  120  is adopted in the same legislative session or an extension
  121  thereof and becomes law.