Bill Text: FL S0286 | 2024 | Regular Session | Introduced


Bill Title: Public Records and Meetings/Agency's Competitive Solicitation

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2024-03-08 - Died in Governmental Oversight and Accountability [S0286 Detail]

Download: Florida-2024-S0286-Introduced.html
       Florida Senate - 2024                                     SB 286
       
       
        
       By Senator Wright
       
       
       
       
       
       8-00226-24                                             2024286__
    1                        A bill to be entitled                      
    2         An act relating to public records and meetings;
    3         amending s. 119.071, F.S.; expanding the public
    4         records exemption related to bids, proposals, or
    5         replies to an agency’s competitive solicitation by
    6         extending the duration of the exemption in specified
    7         circumstances; providing for future legislative review
    8         and repeal of the exemption; amending s. 286.0113,
    9         F.S.; expanding the public meetings exemption related
   10         to negotiations with a vendor that submitted a bid,
   11         proposal, or reply to an agency’s competitive
   12         solicitation by extending the duration of the
   13         exemption in specified circumstances; providing for
   14         future legislative review and repeal of the exemption;
   15         providing statements of public necessity; providing an
   16         effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraph (b) of subsection (1) of section
   21  119.071, Florida Statutes, is amended to read:
   22         119.071 General exemptions from inspection or copying of
   23  public records.—
   24         (1) AGENCY ADMINISTRATION.—
   25         (b)1. For purposes of this paragraph, “competitive
   26  solicitation” means the process of requesting and receiving
   27  sealed bids, proposals, or replies in accordance with the terms
   28  of a competitive process, regardless of the method of
   29  procurement.
   30         2. Sealed bids, proposals, or replies received by an agency
   31  pursuant to a competitive solicitation are exempt from s.
   32  119.07(1) and s. 24(a), Art. I of the State Constitution until
   33  72 hours after such time as the agency provides notice of an
   34  intended decision, excluding Saturdays, Sundays, and state
   35  holidays, if a notice of protest is not filed; until the
   36  deadline to file any formal written protest, if a formal written
   37  protest is not filed; or upon the issuance of the agency’s final
   38  order or an appellate court mandate or order resolving the
   39  protest, if a formal written protest is filed until 30 days
   40  after opening the bids, proposals, or final replies, whichever
   41  occurs later is earlier.
   42         3. If an agency rejects all bids, proposals, or replies
   43  submitted in response to a competitive solicitation and the
   44  agency concurrently provides notice of its intent to reissue the
   45  competitive solicitation, the rejected bids, proposals, or
   46  replies remain exempt from s. 119.07(1) and s. 24(a), Art. I of
   47  the State Constitution until such time as provided in
   48  subparagraph 2. if the agency provides notice of an intended
   49  decision concerning the reissued competitive solicitation or
   50  until the agency withdraws the reissued competitive
   51  solicitation. Except as provided in subparagraph 2., a bid,
   52  proposal, or reply is not exempt for longer than 12 months after
   53  the initial agency notice rejecting all bids, proposals, or
   54  replies.
   55         4.This paragraph is subject to the Open Government Sunset
   56  Review Act in accordance with s. 119.15 and shall stand repealed
   57  on October 2, 2029, unless reviewed and saved from repeal
   58  through reenactment by the Legislature.
   59         Section 2. Subsection (2) of section 286.0113, Florida
   60  Statutes, is amended to read:
   61         286.0113 General exemptions from public meetings.—
   62         (2)(a) For purposes of this subsection:
   63         1. “Competitive solicitation” means the process of
   64  requesting and receiving sealed bids, proposals, or replies in
   65  accordance with the terms of a competitive process, regardless
   66  of the method of procurement.
   67         2. “Team” means a group of members established by an agency
   68  for the purpose of conducting negotiations as part of a
   69  competitive solicitation.
   70         (b)1. Any portion of a meeting at which a negotiation with
   71  a vendor is conducted pursuant to a competitive solicitation, at
   72  which a vendor makes an oral presentation as part of a
   73  competitive solicitation, or at which a vendor answers questions
   74  as part of a competitive solicitation is exempt from s. 286.011
   75  and s. 24(b), Art. I of the State Constitution.
   76         2. Any portion of a team meeting at which negotiation
   77  strategies are discussed is exempt from s. 286.011 and s. 24(b),
   78  Art. I of the State Constitution.
   79         (c)1. A complete recording must shall be made of any
   80  portion of an exempt meeting. No portion of the exempt meeting
   81  may be held off the record.
   82         2. The recording of, and any records presented at, the
   83  exempt meeting are exempt from s. 119.07(1) and s. 24(a), Art. I
   84  of the State Constitution until 72 hours after such time as the
   85  agency provides notice of an intended decision, excluding
   86  Saturdays, Sundays, and state holidays, if a notice of protest
   87  is not filed; until the deadline to file any formal written
   88  protest, if a formal written protest is not filed; or upon the
   89  issuance of the agency’s final order or an appellate court
   90  mandate or order resolving the protest, if a formal written
   91  protest is filed until 30 days after opening the bids,
   92  proposals, or final replies, whichever occurs later earlier.
   93         3. If the agency rejects all bids, proposals, or replies
   94  and concurrently provides notice of its intent to reissue a
   95  competitive solicitation, the recording and any records
   96  presented at the exempt meeting remain exempt from s. 119.07(1)
   97  and s. 24(a), Art. I of the State Constitution until such time
   98  as provided in subparagraph 2. if the agency provides notice of
   99  an intended decision concerning the reissued competitive
  100  solicitation or until the agency withdraws the reissued
  101  competitive solicitation. Except as provided in subparagraph 2.,
  102  a recording and any records presented at an exempt meeting are
  103  not exempt for longer than 12 months after the initial agency
  104  notice rejecting all bids, proposals, or replies.
  105         (d)This subsection is subject to the Open Government
  106  Sunset Review Act in accordance with s. 119.15 and shall stand
  107  repealed on October 2, 2029, unless reviewed and saved from
  108  repeal through reenactment by the Legislature.
  109         Section 3. (1)The Legislature finds that it is a public
  110  necessity that bids, proposals, or replies submitted to an
  111  agency in response to a competitive solicitation be made
  112  temporarily exempt from public records requirements. Such
  113  records must be made available the later of any of the
  114  following: 72 hours after the agency provides notice of an
  115  intended decision, excluding Saturdays, Sundays, and state
  116  holidays, if a notice of protest is not filed; the deadline to
  117  file any formal written protest, if a formal written protest is
  118  not filed; or upon the issuance of the agency’s final order or
  119  an appellate court mandate or order resolving the protest, if a
  120  formal written protest is filed; or, alternatively, when the
  121  agency rejects all bids, proposals, or replies and ultimately
  122  withdraws a reissued competitive solicitation. Temporarily
  123  protecting such information ensures that the process of
  124  responding to a competitive solicitation remains fair and
  125  economical for vendors, while still preserving oversight after a
  126  competitive solicitation decision is made or withdrawn.
  127         (2)The Legislature also finds that it is a public
  128  necessity that a meeting at which a negotiation with a vendor is
  129  conducted pursuant to a competitive solicitation and at which
  130  the vendor makes an oral presentation or answers questions as
  131  part of a competitive solicitation be made exempt from public
  132  meeting requirements. The recording of the meeting and any such
  133  records must be made available the later of any of the
  134  following: 72 hours after the agency provides notice of an
  135  intended decision, excluding Saturdays, Sundays, and state
  136  holidays, if a notice of protest is not filed; the deadline to
  137  file any formal written protest, if a formal written protest is
  138  not filed; or upon the issuance of the agency’s final order or
  139  an appellate court mandate or order resolving the protest, if a
  140  formal written protest is filed; or, alternatively, when the
  141  agency rejects all bids, proposals, or replies, and ultimately
  142  withdraws a reissued competitive solicitation. Protecting such
  143  meetings, and temporarily protecting the recording and any
  144  records presented by a vendor at such meetings, ensures that the
  145  process of responding to a competitive solicitation remains fair
  146  and economical for vendors, while still preserving oversight
  147  after a competitive solicitation decision is made or withdrawn.
  148  It is unfair and inequitable to compel vendors to disclose to
  149  competitors the nature and details of their proposals during
  150  such meetings or through the minutes or records presented at
  151  such meetings. Such disclosure impedes full and frank discussion
  152  of the strengths, weaknesses, and value of a bid, proposal, or
  153  response, thereby limiting the ability of the agency to obtain
  154  the best value for the public. The public and private harm
  155  arising out of such disclosure outweighs the temporary delay in
  156  access to records related to the competitive solicitation.
  157         (3)The Legislature further finds that it is a public
  158  necessity that any portion of a team meeting at which
  159  negotiation strategies are discussed be made exempt from public
  160  meetings requirements. In addition, it is a public necessity
  161  that the recording of such meetings be made temporarily exempt
  162  from public records requirements. The recording of the meeting
  163  must be available the later of the following: 72 hours after the
  164  agency provides notice of an intended decision, excluding
  165  Saturdays, Sundays, and state holidays, if a notice of protest
  166  is not filed; the deadline to file any formal written protest,
  167  if a formal written protest is not filed; or upon the issuance
  168  of the agency’s final order or an appellate court mandate or
  169  order resolving the protest, if a formal written protest is
  170  filed; or, alternatively, when the agency rejects all bids,
  171  proposals, or replies, and ultimately withdraws a reissued
  172  competitive solicitation. Team members often meet to strategize
  173  about competitive solicitations. In the absence of the public
  174  meeting exemption and the limited public record exemption, the
  175  effective and efficient administration of the competitive
  176  solicitation process would be hindered.
  177         Section 4. This act shall take effect July 1, 2024.

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