HB 273- Relating to Public Records
On Wednesday, January 27th, HB 273, relating to Public Records, by Rep. Halsey Beshears (R-Monticello) was read for a third time on the House floor and passed by a vote of 110 yeas to 7 nays.

This bill addresses the procedure for obtaining records relating to a public agency’s contract for services with a private contractor. As it stands today, the Florida Constitution provides every person the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or of persons acting on their behalf.

However, the issue of who the party responsible for providing these public records remains. If this bill becomes law, requests for records relating to a public agency’s contract for services must be made to the contracting agency. An agency who receives a request for records possessed by a contractor must then attempt to obtain the records from the contractor.

HB 273 also provides that if a civil action is filed to compel production of public records, the court must assess and award against the contractor the reasonable costs of enforcement, including attorney fees, if the court determines that a contractor unlawfully refused to comply with the public records request within a reasonable time, and the plaintiff provided written notice of the public records request to the public agency and the contractor. The notice must be sent at least 8 business days before the plaintiff files the civil action. The bill specifies that a contractor who complies with the public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement.

This bill will now go to the Senate floor for consideration.

AIF supports legislation that reduces frivolous law suits against Florida businesses.

HB 267- Relating to Public Records/State –Funded Infrastructure Bank
On Thursday, January 28th, HB 267, relating to Public Records/State-Funded Infrastructure Bank, by Rep. Mike LaRosa (R-Saint Cloud) was heard by the House Economic Affairs Committee and passed with 14 yeas and 1 nay. AIF stood in support of this bill.

Currently, the state-funded infrastructure bank (SIB) is housed within Department of Transportation (department). The SIB provides loans and credit enhancements to public and private entities for constructing and improving transportation facilities. This bill creates a public record exemption for the financial statements or other financial information that is required for the application to the SIB.

However, the public records exemption does not apply to the financial records of an applicant who is in default of an SIB loan.

This exemption is subject to the Open Government Sunset Review Act and will be repealed on October 2, 2021 unless this bill is reenacted by the Legislature.

HB 267 will now go to the House floor for consideration.

AIF supports protecting the financial information of private companies.