Florida Senate - 2024 SB 292 By Senator Wright 8-00680-24 2024292__ Page 1 of 2 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to public records; amending s. 2 119.0701, F.S.; providing an exemption from public 3 records requirements for contractors’ and service 4 providers’ records related to audit or claims 5 resolution which are provided to a public agency 6 pursuant to contract requirements; providing for 7 future legislative review and repeal of the exemption; 8 providing a statement of public necessity; providing a 9 contingent effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13

Section 1. Subsection (5) is added to

section 119.0701, 14 Florida Statutes, as amended by SB ____, 2024 Regular Session, 15 to read: 16 119.0701 Contracts; public records; request for contractor 17 and service provider records; civil action.— 18

(5) REQUEST FOR RECORDS OF SERVICE PROVIDERS; EXEMPTION.—19 The records of a contractor and service provider which are 20 provided to a public agency pursuant to a contract requirement 21 to provide such records for audit or claims resolution purposes 22 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 23 Constitution.

Any information that the public agency, or any 24 third party assisting the public agency with the audit or claims 25 resolution, obtains from such records and that is contained in 26 or may be determined by analyzing any audit report, audit 27 workpapers, or notes related to such audit is exempt from s. 28 119.07(1) and s. 24(a), Art. I of the State Constitution.

This 29 Florida Senate - 2024 SB 292 8-00680-24 2024292__ Page 2 of 2 CODING: Words stricken are deletions; words underlined are additions. subsection is subject to the Open Government Sunset Review Act 30 in accordance with s. 119.15 and shall stand repealed on October 31 2, 2029, unless reviewed and saved from repeal through 32 reenactment by the Legislature. 33

Section 2. The Legislature finds that it is a public 34 necessity that the records contractors and service providers are 35 contractually obligated to provide to a public agency or a third 36 party assisting the public agency for the purpose of audits or 37 claims resolution, such as audit reports, workpapers, or notes 38 related to such audits, be made exempt from s. 119.07(1), 39 Florida Statutes, and s. 24(a),

Article I of the State 40 Constitution. These records may contain confidential information 41 related to contractors’ and service providers’ financial details 42 and work product which may be used by competitors to gain an 43 unfair advantage against the contractors and service providers. 44 Subjecting such records to public records requirements may 45 discourage otherwise qualified contractors and service providers 46 from bidding on agency projects. In the absence of this public 47 records exemption, the effective and efficient administration of 48 the competitive solicitation and bidding process would be 49 hindered. 50

Section 3. This act shall take effect on the same date that 51 SB ___ or similar legislation takes effect, if such legislation 52 is adopted in the same legislative session or an extension 53 thereof and becomes a law. 54