CS for SB 1318                                   First Engrossed
       
       
       
       
       
       
       
       
       20141318e1
       
    1                        A bill to be entitled                      
    2         An act relating to public records and meetings;
    3         amending s. 287.05712, F.S., relating to qualifying
    4         public-private projects for public facilities and
    5         infrastructure; defining the term “competitive
    6         solicitation”; providing an exemption from public
    7         records requirements for unsolicited proposals
    8         received by a responsible public entity for a
    9         specified period; providing an exemption from public
   10         meeting requirements for any portion of a meeting of a
   11         responsible public entity during which exempt
   12         proposals are discussed; requiring a recording to be
   13         made of the closed meeting; providing an exemption
   14         from public records requirements for the recording of,
   15         and any records generated during, a closed meeting for
   16         a specified period; providing for future repeal and
   17         legislative review of the exemptions; providing
   18         statements of public necessity; providing an effective
   19         date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (16) is added to section 287.05712,
   24  Florida Statutes, to read:
   25         287.05712 Public-private partnerships; public records and
   26  public meetings exemptions.—
   27         (16) PUBLIC RECORDS AND PUBLIC MEETINGS EXEMPTIONS.—
   28         (a) As used in this subsection, the term “competitive
   29  solicitation” has the same meaning as provided in s. 119.071(1).
   30         (b)1. An unsolicited proposal received by a responsible
   31  public entity is exempt from s. 119.07(1) and s. 24(a), Art. I
   32  of the State Constitution until such time as the responsible
   33  public entity provides notice of an intended decision for a
   34  qualifying project.
   35         2. If the responsible public entity rejects all proposals
   36  submitted pursuant to a competitive solicitation for a
   37  qualifying project and such entity concurrently provides notice
   38  of its intent to seek additional proposals for such project, the
   39  unsolicited proposal remains exempt until the responsible public
   40  entity provides notice of an intended decision concerning the
   41  reissued competitive solicitation for the qualifying project or
   42  until the responsible public entity withdraws the reissued
   43  competitive solicitation for such project.
   44         3. An unsolicited proposal is not exempt for longer than 90
   45  days after the initial notice by the responsible public entity
   46  rejecting all proposals.
   47         (c) If the responsible public entity does not issue a
   48  competitive solicitation for a qualifying project, the
   49  unsolicited proposal ceases to be exempt 180 days after receipt
   50  of the unsolicited proposal by such entity.
   51         (d)1. Any portion of a board meeting during which an
   52  unsolicited proposal that is exempt is discussed is exempt from
   53  s. 286.011 and s. 24(b), Art. I of the State Constitution.
   54         2.a. A complete recording must be made of any portion of an
   55  exempt meeting. No portion of the exempt meeting may be held off
   56  the record.
   57         b. The recording of, and any records generated during, the
   58  exempt meeting are exempt from s. 119.07(1) and s. 24(a), Art. I
   59  of the State Constitution until such time as the responsible
   60  public entity provides notice of an intended decision for a
   61  qualifying project or 180 days after receipt of the unsolicited
   62  proposal by the responsible public entity if such entity does
   63  not issue a competitive solicitation for the project.
   64         c. If the responsible public entity rejects all proposals
   65  and concurrently provides notice of its intent to reissue a
   66  competitive solicitation, the recording and any records
   67  generated at the exempt meeting remain exempt from s. 119.07(1)
   68  and s. 24(a), Art. I of the State Constitution until such time
   69  as the responsible public entity provides notice of an intended
   70  decision concerning the reissued competitive solicitation or
   71  until the responsible public entity withdraws the reissued
   72  competitive solicitation for such project.
   73         d. A recording and any records generated during an exempt
   74  meeting are not exempt for longer than 90 days after the initial
   75  notice by the responsible public entity rejecting all proposals.
   76         (e) This subsection is subject to the Open Government
   77  Sunset Review Act in accordance with s. 119.15 and shall stand
   78  repealed on October 2, 2019, unless reviewed and saved from
   79  repeal through reenactment by the Legislature.
   80         Section 2. (1) The Legislature finds that it is a public
   81  necessity that an unsolicited proposal received by a responsible
   82  public entity pursuant to s. 287.05712, Florida Statutes, be
   83  made exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   84  Article I of the State Constitution until a time certain.
   85  Prohibiting the public release of unsolicited proposals until a
   86  time certain ensures the effective and efficient administration
   87  of the public-private partnership process established in s.
   88  287.05712, Florida Statutes. Temporarily protecting unsolicited
   89  proposals protects the public-private partnership process by
   90  encouraging private entities to submit such proposals, which
   91  will facilitate the timely development and operation of a
   92  qualifying project. Protecting such information ensures that
   93  other private entities do not gain an unfair competitive
   94  advantage. The public records exemption preserves public
   95  oversight of the public-private partnership process by providing
   96  for disclosure of the unsolicited proposal when the responsible
   97  public entity provides notice of an intended decision; no longer
   98  than 90 days after the responsible public entity rejects all
   99  proposals received in a competitive solicitation for a
  100  qualifying project; or 180 days after receipt of an unsolicited
  101  proposal if such entity does not issue a competitive
  102  solicitation for a qualifying project related to the proposal.
  103         (2) The Legislature further finds that it is a public
  104  necessity that any portion of a meeting of the responsible
  105  public entity during which an unsolicited proposal that is
  106  exempt from public records requirements is discussed be made
  107  exempt from s. 286.011, Florida Statutes, and s. 24(b), Article
  108  I of the State Constitution. The Legislature also finds that it
  109  is a public necessity that the recording of, and any records
  110  generated during, a closed meeting be made temporarily exempt
  111  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
  112  the State Constitution. Failure to close any portion of a
  113  meeting during which such unsolicited proposal is discussed, and
  114  failure to protect the release of the recording and records
  115  generated during that closed meeting, would defeat the purpose
  116  of the public records exemption. In addition, the Legislature
  117  finds that public oversight is maintained because the public
  118  records exemption for the recording and records generated during
  119  any closed portion of a meeting of the responsible public entity
  120  are subject to public disclosure when such entity provides
  121  notice of an intended decision; no longer than 90 days after the
  122  responsible public entity rejects all proposals received in a
  123  competitive solicitation for a qualifying project; or 180 days
  124  after receipt of an unsolicited proposal if the responsible
  125  public entity does not issue a competitive solicitation for a
  126  qualifying project related to the proposal.
  127         Section 3. This act shall take effect July 1, 2014.