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.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
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.—
26 (16) PUBLIC RECORDS AND 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.