SB 320 — Public Records/Prospective Bidders/Department of Transportation

Florida Senate - 2024 CS for SB 320 By Senatorthe WrightCommittee 8-00224A-24on 2024320__Transportation; A bill to be entitled An act relating to public records;

and Senator Wright 596-02417-24 2024320c1 A bill to be entitled An act relating to public records;

119.071, F.S.;

providing an exemption for certain financial information submitted to an agency from prospective bidders for a road or other public works project from certain public records requirements;

providing for future legislative review and repeal of the exemption;

amending s.

conformingproviding aan provisionexemption tofrom changespublic maderecords requirements for certain financial information provided by a prospective bidder to the act;Department of Transportation for prequalification purposes;

providing for future legislative review and repeal of the exemption;

Paragraph (c) of subsection (1) of section 119.071, Florida Statutes, is amended to read:

119.071 General exemptions from inspection or copying of public records.— (1) AGENCY ADMINISTRATION.— (c) Any financial statement or other financial information required by any department’s administrative rules which that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a proposal for a road or any other public works project is exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution.

This paragraph is subject to the Open Government Sunset Review Act in accordance with s.

119.15 and shall stand repealed on October 2, 2029, unless reviewed and saved from repeal through reenactment by the Legislature.

Page 1 of 4 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 SB 320 8-00224A-24 2024320__ Section 2.

request for hearing.— (1)(1)(a) Any contractor desiring to bid for the performance of any construction contract in excess of $250,000 which the department proposes to let must first be certified by the department as qualified pursuant to this section and rules of the department.

Any contractor who desires to bid on contracts in excess of $50 million and who is not qualified and in good standing with the department as of January 1,Page 2019,1 must first be certified by the department as qualified and must have satisfactorily completed two projects, each in excess of $155 million,CODING: for the department or for any other state department of transportation.

The department may limit the dollar amount of any contract upon which a contractor is qualified to bid or the aggregate total dollar volume of contracts such contractor is allowed to have under contract at any one time.

Each applying contractor seeking qualification to bid on construction contracts in excess of $250,000 shall furnish the department a statement under oath, on such forms as the department may prescribe, setting forth detailed information as required on the application.

Each application for Page 2 of 4 CODING:

Florida Senate - 2024 CS for SB 320 8-00224A-24596-02417-24 2024320__2024320c1 certification1, 2019, must first be accompaniedcertified by audited,the certifieddepartment financialas statementsqualified preparedand inmust accordancehave withsatisfactorily generallycompleted acceptedtwo accountingprojects, principleseach andin auditingexcess standardsof by$15 amillion, certifiedfor publicthe accountantdepartment licensedor infor thisany other state ordepartment anotherof state.transportation.

The department may limit the dollar amount of any contract upon which a contractor is qualified to bid or the aggregate total dollar volume of contracts such contractor is allowed to have under contract at any one time.

Each applying contractor seeking qualification to bid on construction contracts in excess of $250,000 shall furnish the department a statement under oath, on such forms as the department may prescribe, setting forth detailed information as required on the application.

Each application for certification must be accompanied by audited, certified financial statements prepared in accordance with generally accepted accounting principles and auditing standards by a certified public accountant licensed in this state or another state.

The department may not certify as qualified any applying contractor who fails to submit the audited, certified financial statements required by this paragraph subsection.

If the application or the annual financial statement shows the financial condition of the applying contractor more than 4 months before the date on which the application is received by the department, the applicant must also submit interim audited, certified financial statements prepared in accordance with generally accepted accounting principles and auditingPage standards2 byof a5 certifiedCODING: public accountant licensed in this state or another state.

The interim financial statements must cover the period from the end date of the annual statement and must show the financial condition of the applying contractor no more than 4 months before the date that the interim financial statements are received by the department.

However, upon the request of the applying contractor, an application and accompanying annual or interim financial statement received by the department within 15 days after either 4-month period under this subsection are shall be considered timely.

An applying contractor desiring to bid exclusively for the performance of construction contracts with proposed budget estimates of less than $2 million may submit Page 3 of 4 CODING:

Florida Senate - 2024 CS for SB 320 8-00224A-24596-02417-24 2024320__2024320c1 reviewedauditing annualstandards orby revieweda interimcertified financialpublic statementsaccountant preparedlicensed byin athis certifiedstate publicor accountant.another state.

The informationinterim requiredfinancial bystatements thismust subsectioncover isthe confidentialperiod from the end date of the annual statement and exemptmust fromshow s.the financial condition of the applying contractor no more than 4 months before the date that the interim financial statements are received by the department.

However, upon the request of the applying contractor, an application and accompanying annual or interim financial statement received by the department within 15 days after either 4-month period under this paragraph subsection shall be considered timely.

An applying contractor desiring to bid exclusively for the performance of construction contracts with proposed budget estimates of less than $2 million may submit reviewed annual or reviewed interim financial statements prepared by a certified public accountant.

The information required by this paragraph subsection is confidential and exempt from s.

Additionally,The anydepartment informationshall requiredact byupon departmentthe ruleapplication byfor anyqualification applyingwithin contractor30 isdays exemptafter fromthe s.department determines that the application is complete.

The department may waive the requirements of this subsection for projects having a contract price of $500,000 or less if the department determines that the project is of a noncritical nature and the waiver will not endanger public health, safety, or property.