Title: Public Records & Public Meetings/Public-Private Partnerships

Summary: Provides exemption from public records requirements & public meetings requirements for unsolicited proposals held by responsible public entity for specified period; provides definition; requires recording to be made of closed meeting; provides exemption from public record requirements of records generated during a closed meeting for a specified period; provides for future legislative review & repeal of exemption; provides statement of public necessity.

Full Text:
An act relating to public records and public meetings; amending s. 287.05712, F.S., relating to qualifying public-private projects for public facilities and infrastructure; providing a definition; providing an exemption from public records requirements for unsolicited proposals received by a responsible public entity for a specified period; providing an exemption from public meeting requirements for any portio nof a meeting of a responsible public entity during which exempt proposals are discussed; requiring a recording to be made of the closed meeting; providing an exemption from public records requirements for the recording of, and any records generated durin g, a closed meeting for a specified period; providing for future legislative review and repeal of the exemption; providing a statement of public necessity; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (16) is added to section 287.05712, Florida Statutes, to read: 287.05712 Public-private partnerships;public records and public meeting sexemptions.-(16) PUBLIC RECORDS AND PUBLIC MEETING SEXEMPTIONS.- CS/HB 1051 2014 (a) As used in this subsecti on, the term "competitive solicitation" has the same meaning as provided in s. 119.071(1). (b)1. An unsolicited proposal received by a responsible public entity is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the responsible public entity provides notice of a nintended decision for a qualifying project. 2. If the responsible public entity rejects all proposals submitted pursuant to a competitive solicitation for a qualifying project and such entity concurren tly provides notice of its intent to seek additional proposals for such project, the unsolicited proposal remains exempt until the responsible public entity provides notice of an intended decision concerning the reissued competitive solicitation for the qu alifying project or until the responsible public entity withdraws the reissued competitive solicitation for such project. 3. An unsolicited proposal is not exempt for longer than days after the initial notice by the responsible public entity rejecting all proposals. (c) If the responsible public entity does not issue a competitive solicitation for a qualifying project, the unsolicited proposal ceases to be exempt days after receipt of the unsolicited proposal by such entity. (d)1. Any portion of a board meeting during which an unsolicited proposal that is exempt is discussed is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution. CS/HB 1051 2014 2.a. A complete recording must be made of any portion of an exempt meeting. No portion of the exe mpt meeting may be held off the record. b. The recording of, and any records generated during, the exempt meeting are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the responsible public entity provides notice of an intended decision for a qualifying project or days after receipt of the unsolicited proposal by the responsible public entity if such entity does not issue a competitive solicitation for the project. c. If the responsible public entity rejects all proposals and concurrently provides notice of its intent to reissue a competitive solicitation, the recording and any records generated at the exempt meeting remain exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such tim eas the responsible public entity provides notice of a nintended decision concerning the reissued competitive solicitation or until the responsible public entity withdraws the reissued competitive solicitation for such project. d. A recording and any re cords generated during an exempt meeting are not exempt for longer than days after the initial notice by the responsible public entity rejecting all proposals. (e) This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2019, unless reviewed and saved from repeal through reenactment by the Legislature. CS/HB 1051 2014 Section 2. (1) The Legislature finds that it is a public necessity that an unsolicited proposal received by a responsi ble public entity pursuant to s. 287.05712, Florida Statutes, be made exempt from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the State Constitution until a time certain. Prohibiting the public release of unsolicited proposals until a time certain ensures the effective and efficient administration of the public-private partnership process established in s. 287.05712, Florida Statutes. Temporarily protecting unsolicited proposals protects the public-private partnership process by encouraging private entities to submit such proposals, which will facilitate the timely development and operation of a qualifying project. Protecting such information ensures that other private entities do not gain an unfair competitive advantage. The public records ex emption preserves public oversight of the public-private partnership process by providing for disclosure of the unsolicited proposal when the responsible public entity provides notice of a nintended decision; no longer than days after the responsible pu blic entity rejects all proposals received in a competitive solicitation for a qualifying project; or days after receipt of an unsolicited proposal if such entity does not issue a competitive solicitation for a qualifying project related to the proposa l. (2) The Legislature further finds that it is a public necessity that any portion of a meeting of the responsible public entity during which an unsolicited proposal that is CS/HB 1051 2014 exempt from public records requirements is discussed be made exempt from s..011, Florida Statutes, and s. 24(b), Article I of the State Constitution. The Legislature also finds that it is a public necessity that the recording of, and any records generated during, a closed meeting be made temporarily exempt from s. 119.07(1), Flor ida Statutes, and s. 24(a), Article I of the State Constitution. Failure to close any portion of a meeting during which such unsolicited proposal is discussed,and failure to protect the release of the recording and records generated during that closed mee ting, would defeat the purpose of the public records exemption. In addition, the Legislature finds that public oversight is maintained because the public records exemption for the recording and records generated during any closed portion of a meeting of th eresponsible public entity are subject to public disclosure when such entity provides notice of a nintended decision; no longer than days after the responsible public entity rejects all proposals received in a competitive solicitation for a qualifying project; or days after receipt of an unsolicited proposal if the responsible public entity does not issue a competitive solicitation for a qualifying project related to the proposal. Section 3. This act sha ll take effect July 1, 2014.