Bill Text: FL S1142 | 2010 | Regular Session | Comm Sub

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Bill Title: Pub. Rec./Competitive Procurement Solicitation [CPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Rules [S1142 Detail]

Download: Florida-2010-S1142-Comm_Sub.html

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Florida Senate - 2010                      CS for CS for SB 1142 
 
By the Policy and Steering Committee on Ways and Means; the 
Committee on Governmental Oversight and Accountability; and 
Senator Fasano 
576-05037-10                                          20101142c2 
1                        A bill to be entitled 
2         An act relating to public records and meetings; 
3         amending s. 119.071, F.S.; providing that bids, 
4         proposals, or replies in response to a competitive 
5         procurement solicitation are exempt from the public 
6         records law; limiting how long such records are 
7         exempt; providing for future repeal and legislative 
8         review of the exemption under the Open Government 
9         Sunset Review Act; amending s. 286.0113, F.S.; 
10         providing a temporary exemption from the public 
11         meetings law for meetings at which vendors make 
12         presentations or answer questions as part of a 
13         competitive procurement solicitation; providing that 
14         documents or materials presented at such meeting are 
15         temporarily exempt from the public-records law; 
16         providing for future repeal and legislative review of 
17         the exemptions under the Open Government Sunset Review 
18         Act; providing a statement of public necessity; 
19         providing an effective date. 
20 
21  Be It Enacted by the Legislature of the State of Florida: 
22 
23         Section 1. Paragraph (b) of subsection (1) of section 
24  119.071, Florida Statutes, is amended to read: 
25         119.071 General exemptions from inspection or copying of 
26  public records.— 
27         (1) AGENCY ADMINISTRATION.— 
28         (b)1.a. Sealed Bids, or proposals, and replies received by 
29  an agency in response to a competitive procurement solicitation 
30  pursuant to invitations to bid or requests for proposals are 
31  exempt from s. 119.07(1) and s. 24(a), Art. I of the State 
32  Constitution until such time as the agency provides notice of a 
33  decision or intended decision pursuant to s. 120.57(3)(a) or 
34  until 20 within 10 days after opening the bids, proposals, or 
35  replies bid or proposal opening, whichever is earlier. 
36         1.b. If an agency rejects all bids, or proposals, or 
37  replies submitted in response to a competitive procurement 
38  solicitation an invitation to bid or request for proposals and 
39  the agency concurrently provides notice of its intent to reissue 
40  the competitive procurement solicitation invitation to bid or 
41  request for proposals, the rejected bids, or proposals, or 
42  replies remain exempt from s. 119.07(1) and s. 24(a), Art. I of 
43  the State Constitution until such time as the agency provides 
44  notice of a decision or intended decision pursuant to s. 
45  120.57(3)(a) concerning the reissued solicitation invitation to 
46  bid or request for proposals or until the agency withdraws the 
47  reissued solicitation invitation to bid or request for 
48  proposals. A bid, proposal, or reply is not exempt for longer 
49  than 12 months after the initial agency notice rejecting all 
50  bids, proposals, or replies. This sub-subparagraph is subject to 
51  the Open Government Sunset Review Act in accordance with s. 
52  119.15 and shall stand repealed on October 2, 2011, unless 
53  reviewed and saved from repeal through reenactment by the 
54  Legislature. 
55         2.a. A competitive sealed reply in response to an 
56  invitation to negotiate, as defined in s. 287.012, is exempt 
57  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution 
58  until such time as the agency provides notice of a decision or 
59  intended decision pursuant to s. 120.57(3)(a) or until 20 days 
60  after the final competitive sealed replies are all opened, 
61  whichever occurs earlier. 
62         b. If an agency rejects all competitive sealed replies in 
63  response to an invitation to negotiate and concurrently provides 
64  notice of its intent to reissue the invitation to negotiate and 
65  reissues the invitation to negotiate within 90 days after the 
66  notice of intent to reissue the invitation to negotiate, the 
67  rejected replies remain exempt from s. 119.07(1) and s. 24(a), 
68  Art. I of the State Constitution until such time as the agency 
69  provides notice of a decision or intended decision pursuant to 
70  s. 120.57(3)(a) concerning the reissued invitation to negotiate 
71  or until the agency withdraws the reissued invitation to 
72  negotiate. A competitive sealed reply is not exempt for longer 
73  than 12 months after the initial agency notice rejecting all 
74  replies. 
75         2.c. This paragraph subparagraph is subject to the Open 
76  Government Sunset Review Act in accordance with s. 119.15 and 
77  shall stand repealed on October 2, 2015 2011, unless reviewed 
78  and saved from repeal through reenactment by the Legislature. 
79         Section 2. Subsection (2) of section 286.0113, Florida 
80  Statutes, is amended to read: 
81         286.0113 General exemptions from public meetings.— 
82         (2)(a) A meeting at which a negotiation with a vendor is 
83  conducted, at which a vendor makes an oral presentation, or at 
84  which a vendor answers questions as part of a competitive 
85  procurement solicitation pursuant to s. 287.057(3) is exempt 
86  from s. 286.011 and s. 24(b), Art. I of the State Constitution. 
87         (b)1. A complete recording must shall be made of the any 
88  meeting made exempt in paragraph (a). No portion of the meeting 
89  may be held off the record. 
90         2. The recording required under subparagraph 1. and all 
91  documents or written materials presented at the meeting are is 
92  exempt from s. 119.07(1) and s. 24(a), Art. I of the State 
93  Constitution until such time as the agency provides notice of a 
94  decision or intended decision pursuant to s. 120.57(3)(a) or 
95  until 20 days after opening the bids, proposals, or replies the 
96  final competitive sealed replies are all opened, whichever 
97  occurs first earlier. 
98         3. If the agency rejects all bids, proposals, or sealed 
99  replies and concurrently provides notice of its intent to 
100  reissue a competitive procurement solicitation, the recording, 
101  documents, and written materials remain remains exempt from s. 
102  119.07(1) and s. 24(a), Art. I of the State Constitution until 
103  such time as the agency provides notice of a decision or 
104  intended decision pursuant to s. 120.57(3)(a) concerning the 
105  solicitation reissued invitation to negotiate or until the 
106  agency withdraws the reissued solicitation invitation to 
107  negotiate. Recordings, documents, and written materials are A 
108  recording is not exempt for longer than 12 months after the 
109  initial agency notice rejecting all bids, proposals, or replies. 
110         (b)(c) This subsection is subject to the Open Government 
111  Sunset Review Act in accordance with s. 119.15 and shall stand 
112  repealed on October 2, 2015 2011, unless reviewed and saved from 
113  repeal through reenactment by the Legislature. 
114         Section 3. (1) The Legislature finds that it is a public 
115  necessity that bids, proposals, or replies submitted in response 
116  to a competitive procurement solicitation be made temporarily 
117  exempt from public-records requirements. Such records shall be 
118  made available when the governmental agency provides notice of a 
119  final decision or intended final decision on the solicitation, 
120  or when the governmental agency rejects all bids, proposals, or 
121  replies and ultimately withdraws a reissued competitive 
122  solicitation. Temporarily protecting such information ensures 
123  that the process of responding to a solicitation remains fair 
124  and economical for vendors, while still preserving oversight 
125  after a procurement decision is made or withdrawn. 
126         (2) In addition, the Legislature finds that it is a public 
127  necessity that a meeting at which a vendor makes an oral 
128  presentation or answers questions as part of a competitive 
129  procurement solicitation be made temporarily exempt from public 
130  meetings requirements. In addition, it is a public necessity 
131  that any documents or written materials presented at such 
132  meetings be temporarily exempt from public-records requirements. 
133  The recording of the meeting and any accompanying documents and 
134  materials shall be made available when the governmental agency 
135  provides notice of a final decision or intended final decision 
136  on the solicitation, or when the governmental agency rejects all 
137  bids, proposals, or replies and ultimately withdraws a reissued 
138  competitive solicitation. Temporarily protecting such meetings, 
139  documents, and materials ensures that the process of responding 
140  to a competitive solicitation remains fair and economical for 
141  vendors, while still preserving oversight after a procurement 
142  decision is made or withdrawn. It is unfair and inequitable to 
143  compel vendors to disclose to competitors the nature and details 
144  of their proposals during such meetings or through the materials 
145  presented at such meetings. Such disclosure impedes full and 
146  frank discussion of the strengths, weaknesses, and value of a 
147  proposal, thereby limiting the ability of the governmental 
148  agency to obtain the best value for the public. The public and 
149  private harm stemming from these practices outweighs the 
150  temporary delay in making the meetings, documents, and materials 
151  related to the solicitation process open and available to the 
152  public. 
153         Section 4. This act shall take effect July 1, 2010.