Bill Text: FL S0292 | 2024 | Regular Session | Introduced

Florida Senate Bill 292

Introduced

Bill Title: Public Records/Service Provider Contracts

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2024-03-08 - Died in Governmental Oversight and Accountability [S0292 Detail]

Download: Florida-2024-S0292-Introduced.html

       Florida Senate - 2024                                     SB 292
       
       
        
       By Senator Wright
       
       
       
       
       
       8-00680-24                                             2024292__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.0701, F.S.; providing an exemption from public
    4         records requirements for contractors’ and service
    5         providers’ records related to audit or claims
    6         resolution which are provided to a public agency
    7         pursuant to contract requirements; providing for
    8         future legislative review and repeal of the exemption;
    9         providing a statement of public necessity; providing a
   10         contingent effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (5) is added to section 119.0701,
   15  Florida Statutes, as amended by SB ____, 2024 Regular Session,
   16  to read:
   17         119.0701 Contracts; public records; request for contractor
   18  and service provider records; civil action.—
   19         (5) REQUEST FOR RECORDS OF SERVICE PROVIDERS; EXEMPTION.
   20  The records of a contractor and service provider which are
   21  provided to a public agency pursuant to a contract requirement
   22  to provide such records for audit or claims resolution purposes
   23  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   24  Constitution. Any information that the public agency, or any
   25  third party assisting the public agency with the audit or claims
   26  resolution, obtains from such records and that is contained in
   27  or may be determined by analyzing any audit report, audit
   28  workpapers, or notes related to such audit is exempt from s.
   29  119.07(1) and s. 24(a), Art. I of the State Constitution. This
   30  subsection is subject to the Open Government Sunset Review Act
   31  in accordance with s. 119.15 and shall stand repealed on October
   32  2, 2029, unless reviewed and saved from repeal through
   33  reenactment by the Legislature.
   34         Section 2. The Legislature finds that it is a public
   35  necessity that the records contractors and service providers are
   36  contractually obligated to provide to a public agency or a third
   37  party assisting the public agency for the purpose of audits or
   38  claims resolution, such as audit reports, workpapers, or notes
   39  related to such audits, be made exempt from s. 119.07(1),
   40  Florida Statutes, and s. 24(a), Article I of the State
   41  Constitution. These records may contain confidential information
   42  related to contractors’ and service providers’ financial details
   43  and work product which may be used by competitors to gain an
   44  unfair advantage against the contractors and service providers.
   45  Subjecting such records to public records requirements may
   46  discourage otherwise qualified contractors and service providers
   47  from bidding on agency projects. In the absence of this public
   48  records exemption, the effective and efficient administration of
   49  the competitive solicitation and bidding process would be
   50  hindered.
   51         Section 3. This act shall take effect on the same date that
   52  SB ___ or similar legislation takes effect, if such legislation
   53  is adopted in the same legislative session or an extension
   54  thereof and becomes a law.