Title: Public Records/Service Provider Contracts

Summary: Providing an exemption from public records requirements for contractors' and service providers' records related to audit or claims resolution which are provided to a public agency pursuant to contract requirements; providing for future legislative review and repeal of the exemption; providing a statement of public necessity, etc.

Full Text:
An act relating to public records; amending s. 119.0701, F.S.; providing an exemption from public records requirements for contractors  and service providers  records related to audit or claims resolution which are provided to a public agency pursuant to contract requirements; providing for future legislative review and repeal of the exemption; providing a statement of public necessity; providing a contingent effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (5) is added to section 119.0701, Florida Statutes, as amended by SB ____, 2024 Regular Session, to read: 119.0701 Contracts; public records; request for contractor and service provider records; civil action.  (5)  REQUEST FOR RECORDS OF SERVICE PROVIDERS; EXEMPTION. The records of a contractor and service provider which are provided to a public agency pursuant to a contract requirement to provide such records for audit or claims resolution purposes are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Any information that the public agency,or any third party assisting the public agency with the audit or claims resolution,obtains from such records and that is contained in or may be determined by analyzing any audit report, audit workpapers, or notes related to such audit is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2029, unless reviewed and saved from repeal through reenactment by the Legislature. Section 2.  The Legislature finds that it is a public necessity that the records contractors and service providers are contractually obligated to provide to a public agency or a third party assisting the public agency for the purpose of audits or claims resolution, such as audit reports, workpapers, or notes related to such audits, be made exempt from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the State Constitution. These records may contain confidential information related to contractors  and service providers  financial details and work product which may be used by competitors to gain an unfair advantage against the contractors and service providers. Subjecting such records to public records requirements may discourage otherwise qualified contractors and service providers from bidding on agency projects. In the absence of this public records exemption,the effective and efficient administration of the competitive solicitation and bidding process would be hindered.Section 3. This act shall take effect on the same date that SB ___ or similar legislation takes effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes a law.