August 10, 2020
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HB 1889

1
A bill to be entitled
2An act relating to public records exemptions; creating s.
3287.0371, F.S.; creating an exemption from public records
4requirements for proprietary confidential business
5information received by an agency pursuant to s. 287.037,
6F.S.; requiring written determination by the receiving
7agency that release of such information would impair the
8competitive interest of the provider of the information;
9providing for future review and repeal; creating s.
10287.0461, F.S.; creating an exemption from public records
11requirements for a business case submitted to the
12President of the Senate and the Speaker of the House of
13Representatives and held by an agency; providing for
14termination of the exemption under certain circumstances;
15providing for future review and repeal; providing a
16statement of public necessity; providing a contingent
17effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 287.0371, Florida Statutes, is created
22to read:
23     287.0371  Public records exemption; proprietary
24confidential business information.--
25     (1)  Proprietary confidential business information received
26by an agency pursuant to s. 287.037 is exempt from s. 119.07(1)
27and s. 24(a), Art. I of the State Constitution, upon a
28determination by the receiving agency that disclosure of such
29information would impair the competitive interest of the
30provider of that information. Such determination shall be
31reflected in writing by the receiving agency. Proprietary
32confidential business information made exempt by this section
33shall be available for inspection and copying for 50 years after
34the date of receipt of such information.
35     (2)  This section is subject to the Open Government Sunset
36Review Act of 1995 in accordance with s. 119.15 and shall stand
37repealed on October 2, 2009, unless reviewed and saved from
38repeal through reenactment by the Legislature.
39     Section 2.  Section 287.0461, Florida Statutes, is created
40to read:
41     287.0461  Public records exemption; business case.--
42     (1)  A business case submitted to the President of the
43Senate and the Speaker of the House of Representatives pursuant
44to s. 287.046(3)(d), which is held by an agency, is exempt from
45s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
46This exemption expires on the date the contract is executed or
47upon legislative objection to the contract pursuant to s.
48216.177(2)(b).
49     (2)  This section is subject to the Open Government Sunset
50Review Act of 1995 in accordance with s. 119.15 and shall stand
51repealed on October 2, 2009, unless reviewed and saved from
52repeal through reenactment by the Legislature.
53     Section 3.  The Legislature finds that it is a public
54necessity that proprietary confidential business information
55held by an agency pursuant to s. 287.037, Florida Statutes, and
56a business case submitted to the President of the Senate and the
57Speaker of the House of Representatives pursuant to s.
58287.046(3)(d), Florida Statutes, which is held by an agency, be
59made exempt from public disclosure. Proprietary confidential
60business information, together with information contained in a
61business case, includes information that gives a vendor its
62business advantage in the marketplace. If such information were
63disclosed, a vendor would no longer be able to maintain its
64level of competitiveness. The disclosure of such information
65would adversely impact the vendor participating in the public
66procurement process and would create an unfair competitive
67advantage for other vendors receiving such information. If such
68were the case, vendors would be discouraged from participating
69in such process. A reduction in competition for public
70procurements would inevitably lead to an increase in the price
71of commodities and contractual services and a decrease in
72quality. Accordingly, the disclosure of such information,
73including information submitted in a business case, would impede
74the effective and efficient administration of public procurement
75and would create an unfair competitive advantage for vendors
76having access to such information submitted by those vendors
77participating in the bidding process.
78     Section 4.  This act shall take effect on the date HB 1819
79or similar legislation takes effect, if such legislation is
80adopted in the same legislative session or an extension thereof
81and becomes a law.


CODING: Words stricken are deletions; words underlined are additions.
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