Florida Statute 337.168 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION

Chapter 337
CONTRACTING; ACQUISITION, DISPOSAL, AND USE OF PROPERTY

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337.168 Confidentiality of official estimates and bid analysis and monitoring system.—

(1) A document or electronic file revealing the official cost estimate of the department of a project is confidential and exempt from the provisions of s. 119.07(1) until the contract for the project has been executed or until the project is no longer under active consideration.

(2) The bid analysis and monitoring system of the department is confidential and exempt from the provisions of s. 119.07(1). This exemption applies to all system documentation, input, computer processes and programs, electronic data files, and output, but does not apply to the actual source documents, unless otherwise exempted under other provisions of law.

History.—s. 5, ch. 83-4; s. 3, ch. 89-21; s. 108, ch. 90-360; s. 163, ch. 96-406; s. 11, ch. 2014-223; s. 12, ch. 2023-197.

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Amendments to 337.168

Annotations, Discussions, Cases:

Cases Citing Statute 337.168

Total Results: 4 | Sort by: Relevance | Newest First

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DOT v. Groves-Watkins Constructors, 530 So. 2d 912 (Fla. 1988).

Cited 18 times | Published | Supreme Court of Florida | 1988 WL 89766

...Section 120.57 governs all proceedings in which the substantial interests of a party are determined by an agency. [3] DOT's estimate was not introduced into evidence. DOT employees testified as to how the estimate was put together but did not explain the actual figures because of the confidentiality of the estimate. See § 337.168, Fla....

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Capeletti Bros., Inc. v. DOT, 499 So. 2d 855 (Fla. 1st DCA 1986).

Cited 13 times | Published | Florida 1st District Court of Appeal

...Specifically, Capeletti argues that since the committees screen the bidders by *858 recommending whether a bidder should be accepted or rejected, their activities constitute decision-making and therefore fall within the coverage of the Sunshine Law. We find no merit to this argument. Section 337.168 expressly exempts DOT's official cost estimates, identities of potential bidders, and the bid analysis and monitoring systems from the public disclosure requirements of section 119.07(1), the Public Records Act....

...When the Sunshine Law and a Public Records Act exemption conflict, the later, more specific expression of legislative will prevails. Marston v. Gainesville Sun Publishing Co., Inc., 341 So.2d 783 (Fla. 1st DCA 1976), cert. denied, 352 So.2d 171 (Fla. 1977). The exemptions in section 337.168 were enacted after the Sunshine Law and constitute the later, more specific expression of legislative will and must, therefore, be given effect....

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Fla. Soc of Newspaper Editors, Inc. v. Fla., Psc, 543 So. 2d 1262 (Fla. 1st DCA 1989).

Cited 13 times | Published | Florida 1st District Court of Appeal

...ti Brothers, this court rejected a similar claim involving bid procedures, holding that when the Sunshine Act and a Public Records Act exemption conflict, the later, more specific expression of legislative intent prevails (there the exemptions under section 337.168)....

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State, Dep't of Transp. v. Rosier Constr. Co., 899 So. 2d 1187 (Fla. 1st DCA 2005).

Published | Florida 1st District Court of Appeal | 2005 WL 856033

to reveal any information protected under section 337.168(1), Florida Statutes (2003), and comply with

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