Florida Senate - 2016 SB 126 By Senator Evers 2-00111-16 2016126__ 1 A bill to be entitled 2 An act relating to public records and public meetings; 3 transferring, renumbering, and amending s. 287.05712, 4 F.S., relating to public-private partnerships for 5 public facilities and infrastructure; providing a 6 definition; providing an exemption from public records 7 requirements for a specified period for unsolicited 8 proposals received by a responsible public entity; 9 providing an exemption from public meeting 10 requirements for any portion of a meeting of a 11 responsible public entity during which exempt 12 proposals are discussed; requiring that a recording be 13 made of the closed meeting; providing an exemption 14 from public records requirements for a specified 15 period for the recording of, and any records generated 16 during, a closed meeting; providing for future 17 legislative review and repeal of the exemptions; 18 providing a statement of public necessity; providing a 19 contingent effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Subsection (15) is added to section 287.05712, 24 Florida Statutes, as transferred, renumbered, and amended by SB 25 ___, to read: 26 255.065
287.05712Public-private partnerships; public 27 records and public meetings exemptions.— 28 (15) PUBLIC RECORDS AND PUBLIC MEETINGS EXEMPTIONS.— 29 (a) As used in this subsection, the term “competitive 30 solicitation” has the same meaning as provided in s. 119.071(1). 31 (b)1. An unsolicited proposal received by a responsible 32 public entity is exempt from s. 119.07(1) and s. 24(a), Art. I 33 of the State Constitution until such time as the responsible 34 public entity provides notice of an intended decision for a 35 qualifying project. 36 2. If the responsible public entity rejects all proposals 37 submitted pursuant to a competitive solicitation for a 38 qualifying project and such entity concurrently provides notice 39 of its intent to seek additional proposals for such project, the 40 unsolicited proposal remains exempt until the responsible public 41 entity provides notice of an intended decision concerning the 42 reissued competitive solicitation for the qualifying project or 43 until the responsible public entity withdraws the reissued 44 competitive solicitation for such project. 45 3. An unsolicited proposal is exempt for no longer than 90 46 days after the initial notice by the responsible public entity 47 rejecting all proposals. 48 (c) If the responsible public entity does not issue a 49 competitive solicitation for a qualifying project, the 50 unsolicited proposal ceases to be exempt 180 days after receipt 51 of the unsolicited proposal by such entity. 52 (d)1. Any portion of a meeting of a responsible public 53 entity during which an unsolicited proposal that is exempt is 54 discussed is exempt from s. 286.011 and s. 24(b), Art. I of the 55 State Constitution. 56 2.a. A complete recording must be made of any portion of an 57 exempt meeting. No portion of the exempt meeting may be held off 58 the record. 59 b. The recording of, and any records generated during, the 60 exempt meeting are exempt from s. 119.07(1) and s. 24(a), Art. I 61 of the State Constitution until such time as the responsible 62 public entity provides notice of an intended decision for a 63 qualifying project or 180 days after receipt of the unsolicited 64 proposal by the responsible public entity if such entity does 65 not issue a competitive solicitation for the project. 66 c. If the responsible public entity rejects all proposals 67 and concurrently provides notice of its intent to reissue a 68 competitive solicitation, the recording and any records 69 generated at the exempt meeting remain exempt from s. 119.07(1) 70 and s. 24(a), Art. I of the State Constitution until such time 71 as the responsible public entity provides notice of an intended 72 decision concerning the reissued competitive solicitation or 73 until the responsible public entity withdraws the reissued 74 competitive solicitation for such project. 75 d. A recording and any records generated during an exempt 76 meeting are exempt for no longer than 90 days after the initial 77 notice by the responsible public entity rejecting all proposals. 78 (e) This subsection is subject to the Open Government 79 Sunset Review Act in accordance with s. 119.15 and shall stand 80 repealed on October 2, 2021, unless reviewed and saved from 81 repeal through reenactment by the Legislature. 82 Section 2. (1) The Legislature finds that it is a public 83 necessity that an unsolicited proposal received by a responsible 84 public entity pursuant to s. 255.065, Florida Statutes, be made 85 exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 86 Article I of the State Constitution for a specified period. 87 Temporarily prohibiting the public release of unsolicited 88 proposals ensures the effective and efficient administration of 89 the public-private partnership process established in s. 90 255.065, Florida Statutes. Temporarily protecting unsolicited 91 proposals protects the public-private partnership process by 92 encouraging private entities to submit such proposals, which 93 will facilitate the timely development and operation of a 94 qualifying project. Protecting such information ensures that 95 other private entities do not gain an unfair competitive 96 advantage. The public records exemption preserves public 97 oversight of the public-private partnership process by providing 98 for disclosure of the unsolicited proposal when the responsible 99 public entity provides notice of an intended decision; by 100 limiting the exemption to no longer than 90 days after the 101 responsible public entity rejects all proposals received in a 102 competitive solicitation for a qualifying project; or by 103 limiting the exemption to no longer than 180 days after receipt 104 of an unsolicited proposal if such entity does not issue a 105 competitive solicitation for a qualifying project related to the 106 proposal. 107 (2) The Legislature further finds that it is a public 108 necessity that any portion of a meeting of the responsible 109 public entity during which an unsolicited proposal that is 110 exempt from public records requirements is discussed be made 111 exempt from s. 286.011, Florida Statutes, and s. 24(b), Article 112 I of the State Constitution. The Legislature also finds that it 113 is a public necessity that the recording of, and any records 114 generated during, a closed meeting be made temporarily exempt 115 from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of 116 the State Constitution. Failure to close any portion of a 117 meeting during which such unsolicited proposal is discussed, and 118 failure to protect the release of the recording and records 119 generated during that closed meeting, would defeat the purpose 120 of the public records exemption. In addition, the Legislature 121 finds that public oversight is maintained because the public 122 records exemption for the recording and records generated during 123 any closed portion of a meeting of the responsible public entity 124 are subject to public disclosure when such entity provides 125 notice of an intended decision; are exempt no longer than 90 126 days after the responsible public entity rejects all proposals 127 received in a competitive solicitation for a qualifying project; 128 or are exempt no longer than 180 days after receipt of an 129 unsolicited proposal if the responsible public entity does not 130 issue a competitive solicitation for a qualifying project 131 related to the proposal. 132 Section 3. This act shall take effect on the same date that 133 SB ___ or similar legislation takes effect, if such legislation 134 is adopted in the same legislative session or an extension 135 thereof and becomes a law.