Florida Senate - 2014 SB 1318 By Senator Evers 2-00760-14 20141318__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 287.05712, F.S., relating to public-private 4 partnerships for the upgrade of public facilities and 5 infrastructure; providing an exemption from public 6 records requirements for unsolicited proposals held by 7 a responsible public entity for a specified period; 8 providing for future review and repeal of the 9 exemption under the Open Government Sunset Review Act; 10 providing a statement of public necessity; providing 11 an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Present subsections (14) and (15) of section 16 287.05712, Florida Statutes, are redesignated as subsections 17 (15) and (16), respectively, and a new subsection (14) is added 18 to that section, to read: 19 287.05712 Public-private partnerships.— 20 (14) PUBLIC RECORDS EXEMPTION.— 21 (a) An unsolicited proposal held by a responsible public 22 entity under this section is exempt from s. 119.07(1) and s. 23 24(a), Art. I of the State Constitution until such time that the 24 responsible public entity receives, opens, and ranks the 25 proposals as set forth in paragraph (6)(c). 26 (b) If a responsible public entity rejects all proposals 27 submitted for a qualifying project as provided in paragraph 28 (6)(c) and the entity concurrently provides notice of its intent 29 to seek additional proposals for the qualifying project, the 30 rejected unsolicited proposal remains exempt from s. 119.07(1) 31 and s. 24(a), Art. I of the State Constitution until such time 32 that the responsible public entity solicits bids and provides 33 notice of a decision or intended decision. An unsolicited 34 proposal is not exempt for more than 12 months after the 35 responsible public entity rejects all proposals submitted as 36 provided in paragraph (6)(c). 37 (c) This subsection is subject to the Open Government 38 Sunset Review Act in accordance with s. 119.15 and shall stand 39 repealed on October 2, 2019, unless reviewed and saved from 40 repeal through reenactment by the Legislature. 41 Section 2. The Legislature finds that it is a public 42 necessity that an unsolicited proposal held by a responsible 43 public entity pursuant to s. 287.05712, Florida Statutes, be 44 made exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 45 Article I of the State Constitution until such time that the 46 responsible public entity receives, opens, and ranks the 47 proposals as set forth in s. 287.05712(6)(c), Florida Statutes, 48 or, if the responsible public entity rejects all proposals, 49 until the responsible public entity solicits bids for the 50 qualifying project and provides notice of its decision or 51 intended decision. An unsolicited proposal is not exempt for 52 more than 12 months after all proposals are rejected. The 53 disclosure of information in an unsolicited proposal, such as 54 financing mechanisms and terms, formulas, and designs, could 55 give competitors a business advantage by knowing the proposal’s 56 financial strategy and innovative plans, thereby injuring the 57 entity that submitted the unsolicited proposal and placing the 58 entity at a competitive disadvantage in the marketplace. Without 59 the exemption, entities might not submit unsolicited proposals 60 that could provide timely and cost-effective solutions for 61 qualifying projects that serve a public need. Therefore, the 62 Legislature finds that the harm that may result from the release 63 of such information outweighs any public benefit that may be 64 derived from disclosure of the information. 65 Section 3. This act shall take effect July 1, 2014.