Florida Senate - 2013 SB 1152 By Senator Margolis 35-00698A-13 20131152__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.071, F.S.; revising an exemption from public 4 records requirements for any financial statement that 5 an agency requires a prospective bidder to submit in 6 order to prequalify for bidding or for responding to a 7 proposal for a road or public works project; providing 8 an exemption from public records requirements for any 9 financial statement that a governmental entity or 10 agency requires a prospective bidder to submit when 11 bidding in response to an invitation to bid, 12 submitting a letter of interest, or responding to a 13 request for proposals or an invitation to negotiate 14 pursuant to a public procurement; providing an 15 exemption from public records requirements for 16 financial information that a governmental entity 17 requires a person to submit when responding to a 18 solicitation; providing an exception; providing for 19 future legislative review and repeal of the exemption 20 under the Open Government Sunset Review Act; providing 21 a statement of public necessity; providing an 22 effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Paragraph (c) of subsection (1) of section 27 119.071, Florida Statutes, is amended to read: 28 119.071 General exemptions from inspection or copying of 29 public records.— 30 (1) AGENCY ADMINISTRATION.— 31 (c)1. AAnyfinancial statement that a governmental entity 32 oranagency requires a prospective bidder to submit whenin33order to prequalify forbidding in response to an invitation to 34 bid, submitting a letter of interest, orforresponding to a 35 request for proposals or an invitation to negotiate pursuant to 36 a public procurementproposal for a road or any other public37works projectis exempt from s. 119.07(1) and s. 24(a), Art. I 38 of the State Constitution. 39 2. Any financial information that a governmental entity or 40 agency requires a person to submit when responding to a 41 solicitation or otherwise is exempt from s. 119.07(1) and s. 42 24(a), Art. I of the State Constitution. This subparagraph does 43 not apply to publicly traded companies and nonprofit 44 organizations. 45 3. This paragraph is subject to the Open Government Sunset 46 Review Act in accordance with s. 119.15 and shall stand repealed 47 on October 2, 2018, unless reviewed and saved from repeal 48 through reenactment by the Legislature. 49 Section 2. It is the finding of the Legislature that it is 50 a public necessity that a financial statement that a 51 governmental entity or agency requires a prospective bidder to 52 submit when bidding in response to an invitation to bid, 53 submitting a letter of interest, or responding to a request for 54 proposals or an invitation to negotiate pursuant to a public 55 procurement be held exempt from public records requirements. 56 Although it is important to demonstrate financial stability to a 57 governmental entity or agency making a selection from among 58 bidders responding to an invitation to bid, individuals and 59 entities submitting letters of interest, and respondents to 60 requests for proposals and invitations to negotiate pursuant to 61 a public procurement, public disclosure of the financial 62 statement of a prospective bidder or respondent creates an 63 unfair business advantage for competing firms. Because private 64 companies and individuals must be able to bid on and compete for 65 projects without concern that their financial records could be 66 subject to public scrutiny and, consequently, the scrutiny of 67 their competitors, it is the finding of the Legislature that a 68 financial statement that a governmental entity or agency 69 requires a prospective bidder to submit when bidding in response 70 to an invitation to bid, submitting a letter of interest, or 71 responding to a request for proposals or an invitation to 72 negotiate pursuant to a public procurement be made exempt from 73 public records requirements. 74 Section 3. This act shall take effect October 1, 2013.