Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1318
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/19/2014           .                                

    1         Senate Amendment (with title amendment)
    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.—
   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.
   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.