Florida Senate - 2014                             CS for SB 1318
       By the Committee on Community Affairs; and Senator Evers
       578-02840-14                                          20141318c1
    1                        A bill to be entitled                      
    2         An act relating to public records and meetings;
    3         amending s. 287.05712, F.S.; defining the term
    4         “proprietary confidential business information”;
    5         creating an exemption from public records requirements
    6         for unsolicited proposals for a qualifying public
    7         private project received by a responsible public
    8         entity for a specified period; providing that
    9         proprietary confidential business information in an
   10         unsolicited proposal remains confidential and exempt
   11         from public records requirements; creating an
   12         exemption from public meetings requirements for
   13         portions of meetings at which confidential and exempt
   14         information is discussed; requiring a recording to be
   15         made of a closed portion of a meeting; providing for
   16         future repeal and legislative review of the
   17         exemptions; providing statements of public necessity;
   18         providing an effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Subsection (16) is added to section 287.05712,
   23  Florida Statutes, to read:
   24         287.05712 Public-private partnerships; public records and
   25  public meetings exemptions.—
   27         (a) As used in this subsection, the term “proprietary
   28  confidential business information” means information that has
   29  been designated by a private entity when provided to a
   30  responsible public entity as information that is owned or
   31  controlled by the private entity, is intended to be and is
   32  treated by the private entity as private and the disclosure of
   33  which would harm the business operations of the private entity,
   34  has not otherwise been intentionally disclosed by the private
   35  entity, and is information concerning:
   36         1. Trade secrets as defined in s. 688.002;
   37         2. Financial statements or financing terms;
   38         3. Patent-pending or copyrighted designs;
   39         4. Leasing or real property acquisition plans; or
   40         5. Marketing studies.
   41         (b)1. An unsolicited proposal received by a responsible
   42  public entity is confidential and exempt from s. 119.07(1) and
   43  s. 24(a), Art. I of the State Constitution until such time that
   44  the responsible public entity receives, opens, and ranks the
   45  proposals as set forth in paragraph (6)(c) and provides notice
   46  of its intended decision.
   47         2. An unsolicited proposal is not confidential and exempt
   48  for more than 90 days after the date the responsible public
   49  entity rejects all proposals submitted as provided in paragraph
   50  (6)(c) or the date of receipt of a proposal for a project which
   51  the responsible public entity does not intend to enter into an
   52  agreement for. If the unsolicited proposal contains information
   53  designated by the private entity as proprietary confidential
   54  business information, such information shall remain confidential
   55  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   56  Constitution.
   57         (c)1. A portion of a meeting of a responsible public entity
   58  at which information that is confidential and exempt under
   59  paragraph (b) is discussed, is exempt from s. 286.011 and s.
   60  24(b), Art. I of the State Constitution.
   61         2. An exempt portion of a meeting shall be recorded and
   62  transcribed. The responsible public entity shall record the
   63  times of commencement and termination of the meeting, all
   64  discussions and proceedings, the names of all persons present at
   65  any time, and the names of all persons speaking. An exempt
   66  portion of a meeting may not be off the record.
   67         3. A portion of the transcript of a meeting which reveals
   68  proprietary confidential business information is confidential
   69  and exempt from s. 119.07(1) and s. 24(a), Art. II of the State
   70  Constitution.
   71         (d) This subsection is subject to the Open Government
   72  Sunset Review Act in accordance with s. 119.15 and shall stand
   73  repealed on October 2, 2019, unless reviewed and saved from
   74  repeal through reenactment by the Legislature.
   75         Section 2. (1) The Legislature finds that it is a public
   76  necessity that an unsolicited proposal held by a responsible
   77  public entity pursuant to s. 287.05712, Florida Statutes, be
   78  made confidential and exempt from s. 119.07(1), Florida
   79  Statutes, and s. 24(a), Article I of the State Constitution
   80  until such time that the responsible public entity receives,
   81  opens, and ranks the proposals set forth in s. 287.05712(6)(c),
   82  Florida Statutes, or, if the responsible public entity rejects
   83  all proposals or decides not to enter into an agreement, no more
   84  than 90 days after such decision. The disclosure of information
   85  in an unsolicited proposal, such as financing mechanisms and
   86  terms, formulas, and designs, could give competitors an unfair
   87  business advantage by publicizing the proposal’s financial
   88  strategy and innovative plans, thereby injuring the private
   89  entity that submitted the unsolicited proposal and placing the
   90  private entity at a competitive disadvantage in the marketplace.
   91  Without the exemption, private entities might not submit
   92  unsolicited proposals that could provide timely and cost
   93  effective solutions for qualifying projects that serve a public
   94  need. The exemption is narrowly drawn in that only proprietary
   95  confidential business information in an unsolicited proposal
   96  will remain confidential and exempt if such information has not
   97  otherwise been made available by a private entity. Therefore,
   98  the Legislature finds that the harm that may result from the
   99  release of such information outweighs any public benefit that
  100  may be derived from disclosure of such the information.
  101         (2) The Legislature further finds that, in order to
  102  maintain the confidential and exempt status of this information,
  103  it is a public necessity that a portion of a meeting of a
  104  responsible public entity at which information made confidential
  105  and exempt from public records requirements under this act is
  106  discussed be made exempt from s. 286.011, Florida Statutes, and
  107  s. 24(b), Article I of the State Constitution. Public oversight
  108  is preserved by requiring a transcript of any portion of such
  109  closed meetings of a responsible public entity.
  110         Section 3. This act shall take effect July 1, 2014.