Bill Text: FL S1240 | 2014 | Regular Session | Introduced

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Bill Title: Public Records/Personal Financial Statement/Contract Bidding

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-04-23 - Withdrawn from further consideration [S1240 Detail]

Download: Florida-2014-S1240-Introduced.html

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       Florida Senate - 2014                                    SB 1240
       
       
        
       By Senator Margolis
       
       
       
       
       
       35-01326-14                                           20141240__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; revising an exemption from public
    4         records requirements for a financial statement that a
    5         governmental entity or agency requires a person to
    6         submit in order to respond to a competitive
    7         solicitation or as a term or condition of a contract;
    8         providing exceptions; providing for future review and
    9         repeal of the exemption under the Open Government
   10         Sunset Review Act; providing a statement of public
   11         necessity; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (c) of subsection (1) of section
   16  119.071, Florida Statutes, is amended to read:
   17         119.071 General exemptions from inspection or copying of
   18  public records.—
   19         (1) AGENCY ADMINISTRATION.—
   20         (c) 1. A Any financial statement reflecting a person’s
   21  financial activities, which may include, but is not limited to,
   22  a balance sheet, income statement, or cash flow statement that a
   23  governmental entity or an agency requires a person prospective
   24  bidder to submit when in order to prequalify for bidding or for
   25  responding to a competitive solicitation or other public
   26  procurement, or as a term or condition of a contract, proposal
   27  for a road or any other public works project is exempt from s.
   28  119.07(1) and s. 24(a), Art. I of the State Constitution. This
   29  exemption does not apply to a financial statement submitted by a
   30  publicly traded corporation or nonprofit organization.
   31         2. This paragraph is subject to the Open Government Sunset
   32  Review Act in accordance with s. 119.15 and shall stand repealed
   33  on October 2, 2019, unless reviewed and saved from repeal
   34  through reenactment by the Legislature.
   35         Section 2. The Legislature finds that it is a public
   36  necessity that a financial statement submitted by a person in
   37  order to qualify for or reply to a competitive solicitation, or
   38  submitted as a term or condition of a contract, be made exempt
   39  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
   40  the State Constitution. Many solicitations to provide products
   41  or services to governmental entities in the state require
   42  persons to submit a financial statement in order to qualify for
   43  bidding or to enter into a subsequent contract. However, many
   44  innovative, qualified, responsible, and privately held companies
   45  keep their financial statements confidential and take extensive
   46  measures to prevent their disclosure. When a solicitation
   47  requires disclosure of a financial statement that is potentially
   48  subject to disclosure to the general public, these companies
   49  simply choose not to submit a proposal rather than risk
   50  disclosure. The result is a limited pool of proposers. The
   51  Legislature finds that holding this material exempt serves the
   52  following purposes:
   53         (1) Preservation of the government’s ability to obtain and
   54  examine the financial statement of a person seeking to conduct
   55  business with a governmental entity, when relevant, to prove
   56  that the person has the capability of delivering products or
   57  services as contemplated in the solicitation.
   58         (2) Protection for persons required to furnish financial
   59  statements to the government by safeguarding them from the
   60  competitive disadvantage, or potential for fraudulent credit
   61  theft, that could result from disclosure.
   62         (3) Assurance that the public receives the benefit of the
   63  largest possible pool of qualified, innovative, and responsible
   64  persons, including those who hold their financial statements
   65  confidential.
   66         (4) Alignment of Florida law with federal law and the laws
   67  of other states that recognize the need for governmental
   68  entities to safeguard financial statements requested of persons
   69  responding to competitive solicitations.
   70         Section 3. This act shall take effect July 1, 2014.