Florida Senate - 2016                              CS for SB 126
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Evers
       
       585-02885-16                                           2016126c1
    1                        A bill to be entitled                      
    2         An act relating to public records and public meetings;
    3         transferring, renumbering, and amending s. 287.05712,
    4         F.S., relating to public-private partnerships for
    5         public facilities and infrastructure; providing a
    6         definition; providing an exemption from public records
    7         requirements for a specified period for unsolicited
    8         proposals received by a responsible public entity;
    9         providing an exemption from public meeting
   10         requirements for any portion of a meeting of a
   11         responsible public entity during which exempt
   12         proposals are discussed; requiring that a recording be
   13         made of the closed meeting; providing an exemption
   14         from public records requirements for a specified
   15         period for the recording of, and any records generated
   16         during, a closed meeting; providing for future
   17         legislative review and repeal of the exemptions;
   18         providing a statement of public necessity; providing a
   19         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 287.05712,
   24  Florida Statutes, as transferred, renumbered, and amended by SB
   25  124, to read:
   26         255.065 287.05712 Public-private partnerships; public
   27  records and public meetings exemptions.—
   28         (15) PUBLIC RECORDS AND PUBLIC MEETINGS EXEMPTIONS.—
   29         (a) As used in this subsection, the term “competitive
   30  solicitation” has the same meaning as provided in s. 119.071(1).
   31         (b)1. An unsolicited proposal received by a responsible
   32  public entity is exempt from s. 119.07(1) and s. 24(a), Art. I
   33  of the State Constitution until such time as the responsible
   34  public entity provides notice of an intended decision for a
   35  qualifying project.
   36         2. If the responsible public entity rejects all proposals
   37  submitted pursuant to a competitive solicitation for a
   38  qualifying project and such entity concurrently provides notice
   39  of its intent to seek additional proposals for such project, the
   40  unsolicited proposal remains exempt until the responsible public
   41  entity provides notice of an intended decision concerning the
   42  reissued competitive solicitation for the qualifying project or
   43  until the responsible public entity withdraws the reissued
   44  competitive solicitation for such project.
   45         3. An unsolicited proposal is exempt for no longer than 90
   46  days after the initial notice by the responsible public entity
   47  rejecting all proposals.
   48         (c) If the responsible public entity does not issue a
   49  competitive solicitation for a qualifying project, the
   50  unsolicited proposal ceases to be exempt 180 days after receipt
   51  of the unsolicited proposal by such entity.
   52         (d)1. Any portion of a meeting of a responsible public
   53  entity during which an unsolicited proposal that is exempt is
   54  discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
   55  State Constitution.
   56         2.a. A complete recording must be made of any portion of an
   57  exempt meeting. No portion of the exempt meeting may be held off
   58  the record.
   59         b. The recording of, and any records generated during, the
   60  exempt meeting are exempt from s. 119.07(1) and s. 24(a), Art. I
   61  of the State Constitution until such time as the responsible
   62  public entity provides notice of an intended decision for a
   63  qualifying project or 180 days after receipt of the unsolicited
   64  proposal by the responsible public entity if such entity does
   65  not issue a competitive solicitation for the project.
   66         c. If the responsible public entity rejects all proposals
   67  and concurrently provides notice of its intent to reissue a
   68  competitive solicitation, the recording and any records
   69  generated at the exempt meeting remain exempt from s. 119.07(1)
   70  and s. 24(a), Art. I of the State Constitution until such time
   71  as the responsible public entity provides notice of an intended
   72  decision concerning the reissued competitive solicitation or
   73  until the responsible public entity withdraws the reissued
   74  competitive solicitation for such project.
   75         d. A recording and any records generated during an exempt
   76  meeting are exempt for no longer than 90 days after the initial
   77  notice by the responsible public entity rejecting all proposals.
   78         (e) This subsection is subject to the Open Government
   79  Sunset Review Act in accordance with s. 119.15 and shall stand
   80  repealed on October 2, 2021, unless reviewed and saved from
   81  repeal through reenactment by the Legislature.
   82         Section 2. (1) The Legislature finds that it is a public
   83  necessity that an unsolicited proposal received by a responsible
   84  public entity pursuant to s. 255.065, Florida Statutes, be made
   85  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   86  Article I of the State Constitution for a specified period.
   87  Temporarily prohibiting the public release of unsolicited
   88  proposals ensures the effective and efficient administration of
   89  the public-private partnership process established in s.
   90  255.065, Florida Statutes. Temporarily protecting unsolicited
   91  proposals protects the public-private partnership process by
   92  encouraging private entities to submit such proposals, which
   93  will facilitate the timely development and operation of a
   94  qualifying project. Protecting such information ensures that
   95  other private entities do not gain an unfair competitive
   96  advantage. The public records exemption preserves public
   97  oversight of the public-private partnership process by providing
   98  for disclosure of the unsolicited proposal when the responsible
   99  public entity provides notice of an intended decision; by
  100  limiting the exemption to no longer than 90 days after the
  101  responsible public entity rejects all proposals received in a
  102  competitive solicitation for a qualifying project; or by
  103  limiting the exemption to no longer than 180 days after receipt
  104  of an unsolicited proposal if such entity does not issue a
  105  competitive solicitation for a qualifying project related to the
  106  proposal.
  107         (2) The Legislature further finds that it is a public
  108  necessity that any portion of a meeting of the responsible
  109  public entity during which an unsolicited proposal that is
  110  exempt from public records requirements is discussed be made
  111  exempt from s. 286.011, Florida Statutes, and s. 24(b), Article
  112  I of the State Constitution. The Legislature also finds that it
  113  is a public necessity that the recording of, and any records
  114  generated during, a closed meeting be made temporarily exempt
  115  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
  116  the State Constitution. Failure to close any portion of a
  117  meeting during which such unsolicited proposal is discussed, and
  118  failure to protect the release of the recording and records
  119  generated during that closed meeting, would defeat the purpose
  120  of the public records exemption. In addition, the Legislature
  121  finds that public oversight is maintained because the public
  122  records exemption for the recording and records generated during
  123  any closed portion of a meeting of the responsible public entity
  124  are subject to public disclosure when such entity provides
  125  notice of an intended decision; are exempt no longer than 90
  126  days after the responsible public entity rejects all proposals
  127  received in a competitive solicitation for a qualifying project;
  128  or are exempt no longer than 180 days after receipt of an
  129  unsolicited proposal if the responsible public entity does not
  130  issue a competitive solicitation for a qualifying project
  131  related to the proposal.
  132         Section 3. This act shall take effect on the same date that
  133  SB 124 or similar legislation takes effect, if such legislation
  134  is adopted in the same legislative session or an extension
  135  thereof and becomes a law.