Florida Senate - 2016                                    SB 7030
       
       
        
       By the Committee on Governmental Oversight and Accountability
       
       
       
       
       
       585-01301-16                                          20167030__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 119.071, F.S., which
    4         provides an exemption from public records requirements
    5         for bids, proposals, or replies submitted to an agency
    6         in response to a competitive solicitation; removing
    7         the scheduled repeal of the exemption; amending s.
    8         286.0113, F.S., which provides an exemption from
    9         public meetings requirements for portions of meetings
   10         in which a vendor participates in a negotiation, makes
   11         an oral presentation, or answers questions as part of
   12         a competitive solicitation or in which negotiation
   13         strategies are discussed, and which provides an
   14         exemption from public records requirements for the
   15         recording of, and any records presented at, exempt
   16         portions of such meetings; removing the scheduled
   17         repeal of the exemptions; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraph (b) of subsection (1) of section
   22  119.071, Florida Statutes, is amended to read:
   23         119.071 General exemptions from inspection or copying of
   24  public records.—
   25         (1) AGENCY ADMINISTRATION.—
   26         (b)1. For purposes of this paragraph, “competitive
   27  solicitation” means the process of requesting and receiving
   28  sealed bids, proposals, or replies in accordance with the terms
   29  of a competitive process, regardless of the method of
   30  procurement.
   31         2. Sealed bids, proposals, or replies received by an agency
   32  pursuant to a competitive solicitation are exempt from s.
   33  119.07(1) and s. 24(a), Art. I of the State Constitution until
   34  such time as the agency provides notice of an intended decision
   35  or until 30 days after opening the bids, proposals, or final
   36  replies, whichever is earlier.
   37         3. If an agency rejects all bids, proposals, or replies
   38  submitted in response to a competitive solicitation and the
   39  agency concurrently provides notice of its intent to reissue the
   40  competitive solicitation, the rejected bids, proposals, or
   41  replies remain exempt from s. 119.07(1) and s. 24(a), Art. I of
   42  the State Constitution until such time as the agency provides
   43  notice of an intended decision concerning the reissued
   44  competitive solicitation or until the agency withdraws the
   45  reissued competitive solicitation. A bid, proposal, or reply is
   46  not exempt for longer than 12 months after the initial agency
   47  notice rejecting all bids, proposals, or replies.
   48         4. This paragraph is subject to the Open Government Sunset
   49  Review Act in accordance with s. 119.15 and shall stand repealed
   50  on October 2, 2016, unless reviewed and saved from repeal
   51  through reenactment by the Legislature.
   52         Section 2. Subsection (2) of section 286.0113, Florida
   53  Statutes, is amended to read:
   54         286.0113 General exemptions from public meetings.—
   55         (2)(a) For purposes of this subsection:
   56         1. “Competitive solicitation” means the process of
   57  requesting and receiving sealed bids, proposals, or replies in
   58  accordance with the terms of a competitive process, regardless
   59  of the method of procurement.
   60         2. “Team” means a group of members established by an agency
   61  for the purpose of conducting negotiations as part of a
   62  competitive solicitation.
   63         (b)1. Any portion of a meeting at which a negotiation with
   64  a vendor is conducted pursuant to a competitive solicitation, at
   65  which a vendor makes an oral presentation as part of a
   66  competitive solicitation, or at which a vendor answers questions
   67  as part of a competitive solicitation is exempt from s. 286.011
   68  and s. 24(b), Art. I of the State Constitution.
   69         2. Any portion of a team meeting at which negotiation
   70  strategies are discussed is exempt from s. 286.011 and s. 24(b),
   71  Art. I of the State Constitution.
   72         (c)1. A complete recording shall be made of any portion of
   73  an exempt meeting. No portion of the exempt meeting may be held
   74  off the record.
   75         2. The recording of, and any records presented at, the
   76  exempt meeting are exempt from s. 119.07(1) and s. 24(a), Art. I
   77  of the State Constitution until such time as the agency provides
   78  notice of an intended decision or until 30 days after opening
   79  the bids, proposals, or final replies, whichever occurs earlier.
   80         3. If the agency rejects all bids, proposals, or replies
   81  and concurrently provides notice of its intent to reissue a
   82  competitive solicitation, the recording and any records
   83  presented at the exempt meeting remain exempt from s. 119.07(1)
   84  and s. 24(a), Art. I of the State Constitution until such time
   85  as the agency provides notice of an intended decision concerning
   86  the reissued competitive solicitation or until the agency
   87  withdraws the reissued competitive solicitation. A recording and
   88  any records presented at an exempt meeting are not exempt for
   89  longer than 12 months after the initial agency notice rejecting
   90  all bids, proposals, or replies.
   91         (d) This subsection is subject to the Open Government
   92  Sunset Review Act in accordance with s. 119.15 and shall stand
   93  repealed on October 2, 2016, unless reviewed and saved from
   94  repeal through reenactment by the Legislature.
   95         Section 3. This act shall take effect October 1, 2016.