Senate Bill 7050 (2021) — A review under the Open Government Sunset Review Act
SB 7050
Florida Bills
Florida Senate - 2021 SB By the Committee on Community Affairs 578-02375-21 20217050__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to a review under the Open Government Sunset Review Act; amending s. 255.065, F.S., which provides exemptions from public records and public meetings requirements for unsolicited proposals received by a responsible public entity and portions of meetings at which such proposals are discussed; 7 removing the scheduled repeal of the exemption; 8 providing an effective date. 9
Be It Enacted by the Legislature of the State of Florida: 11
Section 1. Subsection (15) of
section 255.065, Florida Statutes, is amended to read: 14 255.065 Public-private partnerships; public records and public meetings exemptions.— 16
(15) PUBLIC RECORDS AND PUBLIC MEETINGS EXEMPTIONS.— 17
(
a) As used in this subsection, the term “competitive solicitation” has the same meaning as provided in s. 119.071(1). 19 (b)1. An unsolicited proposal received by a responsible public entity is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the responsible public entity provides notice of an intended decision for a qualifying project. 24 2.
If the responsible public entity rejects all proposals submitted pursuant to a competitive solicitation for a qualifying project and such entity concurrently provides notice of its intent to seek additional proposals for such project, the unsolicited proposal remains exempt until the responsible public Florida Senate - 2021 SB 7050 578-02375-21 20217050__ CODING: Words stricken are deletions; words underlined are additions. entity provides notice of an intended decision concerning the reissued competitive solicitation for the qualifying project or until the responsible public entity withdraws the reissued competitive solicitation for such project. 33 3.
An unsolicited proposal is exempt for no longer than 90 days after the initial notice by the responsible public entity rejecting all proposals. 36
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c) If the responsible public entity does not issue a competitive solicitation for a qualifying project, the unsolicited proposal ceases to be exempt days after receipt of the unsolicited proposal by such entity. 40 (d)1. Any portion of a meeting of a responsible public entity during which an unsolicited proposal that is exempt is discussed is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution. 44 2.a. A complete recording must be made of any portion of an exempt meeting. No portion of the exempt meeting may be held off the record. 47 b.
The recording of, and any records generated during, the exempt meeting are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the responsible public entity provides notice of an intended decision for a qualifying project or days after receipt of the unsolicited proposal by the responsible public entity if such entity does not issue a competitive solicitation for the project. 54 c.
If the responsible public entity rejects all proposals and concurrently provides notice of its intent to reissue a competitive solicitation, the recording and any records generated at the exempt meeting remain exempt from s. 119.07(1) 58 Florida Senate - 2021 SB 7050 578-02375-21 20217050__ CODING: Words stricken are deletions; words underlined are additions. and s. 24(a), Art.
I of the State Constitution until such time as the responsible public entity provides notice of an intended decision concerning the reissued competitive solicitation or until the responsible public entity withdraws the reissued competitive solicitation for such project. 63 d. A recording and any records generated during an exempt meeting are exempt for no longer than days after the initial notice by the responsible public entity rejecting all proposals. 66
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e) This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2021, unless reviewed and saved from repeal through reenactment by the Legislature. 70