Senate Bill 0952

    Florida Senate - 1998                                   SB 952

    By Senator Grant





    13-689-98

  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from public records requirements for

  4         certain business records used in a

  5         prelitigation offer in an eminent domain

  6         proceeding; providing an expiration date;

  7         providing a finding of public necessity;

  8         providing a contingent effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Business records provided by the owner or

13  onsite operator of a business to a governmental condemning

14  authority after the governmental condemning authority has

15  tendered a prelitigation offer under section 77.0511, Florida

16  Statutes, are exempt from the disclosure provisions of section

17  24(a) of Article I of the State Constitution and section

18  119.07(1), Florida Statutes. This exemption is subject to the

19  Open Government Sunset Review Act in accordance with section

20  119.15, Florida Statutes, and expires on October 2, 2003,

21  unless reviewed and reenacted by the Legislature.

22         Section 2.  The Legislature finds that it is a public

23  necessity that the business records of an owner or onsite

24  operator of a business that is tendered a prelitigation offer

25  in an eminent domain proceeding be held confidential in order

26  to encourage prelitigation settlements. Furthermore, the

27  Legislature finds that it would be an invasion of privacy for

28  these sensitive business records to be revealed to the public.

29         Section 3.  This act shall take effect on the effective

30  date of SB 92 or similar legislation, relating to eminent

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 952
    13-689-98




  1  domain, and shall not take effect if that legislation does not

  2  become a law.

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  5                          SENATE SUMMARY

  6    Provides an exemption from public records disclosure
      requirements for business records of an owner or onsite
  7    operator of a business that has been tendered a
      prelitigation offer in an eminent domain proceeding.
  8    Provides a finding of public necessity and an expiration
      date.
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