Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 1318 Ì255068>Î255068 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/19/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (16) is added to section 287.05712, 6 Florida Statutes, to read: 7 287.05712 Public-private partnerships; public records and 8 public meetings exemptions.— 9 (16) PUBLIC RECORDS AND PUBLIC MEETINGS EXEMPTIONS.— 10 (a) As used in this subsection, the term “proprietary 11 confidential business information” means information that has 12 been designated by a private entity when provided to a 13 responsible public entity as information that is owned or 14 controlled by the private entity, is intended to be and is 15 treated by the private entity as private and the disclosure of 16 which would harm the business operations of the private entity, 17 has not otherwise been intentionally disclosed by the private 18 entity, and is information concerning: 19 1. Trade secrets as defined in s. 688.002; 20 2. Financial statements or financing terms; 21 3. Patent-pending or copyrighted designs; 22 4. Leasing or real property acquisition plans; or 23 5. Marketing studies. 24 (b)1. An unsolicited proposal received by a responsible 25 public entity is confidential and exempt from s. 119.07(1) and 26 s. 24(a), Art. I of the State Constitution until such time that 27 the responsible public entity receives, opens, and ranks the 28 proposals as set forth in paragraph (6)(c) and provides notice 29 of its intended decision. 30 2. An unsolicited proposal is not confidential and exempt 31 for more than 90 days after the date the responsible public 32 entity rejects all proposals submitted as provided in paragraph 33 (6)(c) or the date of receipt of a proposal for a project which 34 the responsible public entity does not intend to enter into an 35 agreement for. If the unsolicited proposal contains information 36 designated by the private entity as proprietary confidential 37 business information, such information shall remain confidential 38 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 39 Constitution. 40 (c)1. A portion of a meeting of a responsible public entity 41 at which information that is confidential and exempt under 42 paragraph (b) is discussed, is exempt from s. 286.011 and s. 43 24(b), Art. I of the State Constitution. 44 2. An exempt portion of a meeting shall be recorded and 45 transcribed. The responsible public entity shall record the 46 times of commencement and termination of the meeting, all 47 discussions and proceedings, the names of all persons present at 48 any time, and the names of all persons speaking. An exempt 49 portion of a meeting may not be off the record. 50 3. A portion of the transcript of a meeting which reveals 51 proprietary confidential business information is confidential 52 and exempt from s. 119.07(1) and s. 24(a), Art. II of the State 53 Constitution. 54 (d) This subsection is subject to the Open Government 55 Sunset Review Act in accordance with s. 119.15 and shall stand 56 repealed on October 2, 2019, unless reviewed and saved from 57 repeal through reenactment by the Legislature. 58 Section 2. (1) The Legislature finds that it is a public 59 necessity that an unsolicited proposal held by a responsible 60 public entity pursuant to s. 287.05712, Florida Statutes, be 61 made confidential and exempt from s. 119.07(1), Florida 62 Statutes, and s. 24(a), Article I of the State Constitution 63 until such time that the responsible public entity receives, 64 opens, and ranks the proposals set forth in s. 287.05712(6)(c), 65 Florida Statutes, or, if the responsible public entity rejects 66 all proposals or decides not to enter into an agreement, no more 67 than 90 days after such decision. The disclosure of information 68 in an unsolicited proposal, such as financing mechanisms and 69 terms, formulas, and designs, could give competitors an unfair 70 business advantage by publicizing the proposal’s financial 71 strategy and innovative plans, thereby injuring the private 72 entity that submitted the unsolicited proposal and placing the 73 private entity at a competitive disadvantage in the marketplace. 74 Without the exemption, private entities might not submit 75 unsolicited proposals that could provide timely and cost 76 effective solutions for qualifying projects that serve a public 77 need. The exemption is narrowly drawn in that only proprietary 78 confidential business information in an unsolicited proposal 79 will remain confidential and exempt if such information has not 80 otherwise been made available by a private entity. Therefore, 81 the Legislature finds that the harm that may result from the 82 release of such information outweighs any public benefit that 83 may be derived from disclosure of such the information. 84 (2) The Legislature further finds that, in order to 85 maintain the confidential and exempt status of this information, 86 it is a public necessity that a portion of a meeting of a 87 responsible public entity at which information made confidential 88 and exempt from public records requirements under this act is 89 discussed be made exempt from s. 286.011, Florida Statutes, and 90 s. 24(b), Article I of the State Constitution. Public oversight 91 is preserved by requiring a transcript of any portion of such 92 closed meetings of a responsible public entity. 93 Section 3. This act shall take effect July 1, 2014. 94 95 ================= T I T L E A M E N D M E N T ================ 96 And the title is amended as follows: 97 Delete everything before the enacting clause 98 and insert: 99 A bill to be entitled 100 An act relating to public records and meetings; 101 amending s. 287.05712, F.S.; defining the term 102 “proprietary confidential business information”; 103 creating an exemption from public records requirements 104 for unsolicited proposals for a qualifying public 105 private project received by a responsible public 106 entity for a specified period; providing that 107 proprietary confidential business information in an 108 unsolicited proposal remains confidential and exempt 109 from public records requirements; creating an 110 exemption from public meetings requirements for 111 portions of meetings at which confidential and exempt 112 information is discussed; requiring a recording to be 113 made of a closed portion of a meeting; providing for 114 future repeal and legislative review of the 115 exemptions; providing statements of public necessity; 116 providing an effective date.