Senate Bill 2036

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    Florida Senate - 1999                                  SB 2036

    By Senator Silver





    38-1132-99

  1                      A bill to be entitled

  2         An act relating to public records and meetings;

  3         amending s. 235.054, F.S.; providing that

  4         contracts for the purchase and sale of real

  5         property for educational purposes by school

  6         boards must be considered and approved by the

  7         boards in a public meeting; allowing the board,

  8         the superintendent, and appropriate staff to

  9         meet in executive session to discuss pending

10         negotiations concerning the proposed

11         acquisition of real property if specified

12         conditions are met; providing that such

13         sessions and summaries of the recordings of

14         such meetings are confidential and exempt from

15         the public records law; providing for future

16         review and repeal; providing a statement of

17         public necessity; providing an effective date.

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

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21         Section 1.  Section 235.054, Florida Statutes, is

22  amended to read:

23         235.054  Proposed purchase of real property by a board;

24  confidentiality of records; executive sessions; procedure.--

25         (1)(a)  In any case in which a board, pursuant to the

26  provisions of this chapter, seeks to acquire by purchase any

27  real property for educational purposes, every appraisal,

28  offer, or counteroffer must be in writing and is exempt from

29  the provisions of s. 119.07(1) until a an option contract for

30  the purchase and sale of the real property is presented to the

31  board for approval at a public meeting. The contract must be

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    Florida Senate - 1999                                  SB 2036
    38-1132-99




  1  considered and approved by the school board in a public

  2  meeting in accordance with the provisions of s. 286.011, this

  3  chapter, s. 230.22, and s. 230.23 is executed or, if no option

  4  contract is executed, until 30 days before a contract or

  5  agreement for purchase is considered for approval by the

  6  board. If a contract or agreement for purchase is not

  7  submitted to the board for approval, the exemption from s.

  8  119.07(1) will expire 30 days after the termination of

  9  negotiations. The board shall maintain complete and accurate

10  records of every such appraisal, offer, and counteroffer. For

11  the purposes of this section, the term "option contract" means

12  an agreement by the board to purchase a piece of property,

13  subject to the approval of the board at a public meeting after

14  30 days' public notice.

15         (b)  Prior to acquisition of the property, the board

16  shall obtain at least one appraisal by an appraiser approved

17  pursuant to s. 253.025(6)(b) for each purchase in an amount

18  greater than $100,000 and not more than $500,000. For each

19  purchase in an amount in excess of $500,000, the board shall

20  obtain at least two appraisals by appraisers approved pursuant

21  to s. 253.025(6)(b). If the agreed purchase price exceeds the

22  average appraised value, the board is required to approve the

23  purchase by an extraordinary vote.

24         (2)  Notwithstanding the provisions of Nothing in this

25  section shall be interpreted as providing an exemption from,

26  or an exception to, s. 286.011 and s. 24(b), Art. I of the

27  State Constitution, the board, the superintendent, and

28  appropriate staff may meet in executive session to discuss

29  pending negotiations concerning the proposed acquisition of

30  real property for educational purposes, provided that the

31  following conditions are met:

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    Florida Senate - 1999                                  SB 2036
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  1         (a)  The subject matter of the executive session must

  2  be confined to the proposed acquisition or purchase of real

  3  property for educational purposes or strategy related to such

  4  matters.

  5         (b)  The school board shall give reasonable public

  6  notice of the time and date of the executive session.

  7         (c)  The executive session must be recorded and must

  8  include times of commencement and termination of the session,

  9  the names of all persons present at any time, and the names of

10  all persons speaking. A summary of the record must be

11  transcribed and filed with the board's clerk within a

12  reasonable time after the meeting.

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14  The record of the executive session, but not the summary of

15  the record, is exempt from s. 119.07(1) and s. 24(a), Art. I

16  of the State Constitution, until a contract for the purchase

17  and sale of the real property is presented to the board for

18  approval at a public meeting.

19         (3)  Subsection (2) is repealed July 1, 2004, and must

20  be reviewed by the Legislature before that date in accordance

21  with s. 119.15.

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

23  necessity for discussions among the superintendent of schools,

24  the school board, and appropriate staff relating to the

25  pending purchase or sale of real property used for educational

26  purposes be confidential to prevent speculation, inflated

27  pricing of property, and possible unfair advantage to

28  potential sellers and buyers as well as the placement of the

29  school board in an unfair bargaining position. Further, the

30  Legislature finds that the exemption is not an unfair burden

31  on the public because the law requires that any final action

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    Florida Senate - 1999                                  SB 2036
    38-1132-99




  1  taken by the school board must be at a public meeting with

  2  full public disclosure; and therefore the public's right to

  3  information concerning the use of public funds to purchase or

  4  sell real property for public educational purposes is

  5  adequately protected.

  6         Section 3.  This act shall take effect July 1, 1999.

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  9                          SENATE SUMMARY

10    Provides that contracts for the purchase and sale of real
      property for educational purposes by school boards must
11    be considered and approved by the boards in a public
      meeting. Allows the school board, the superintendent of
12    schools, and appropriate staff to meet in executive
      session to discuss pending negotiations concerning the
13    proposed acquisition of real property if specified
      conditions are met. Provides that such sessions and
14    summaries of the recordings of such meetings are
      confidential and exempt from the public records law.
15    Provides for future review and repeal. Provides a
      statement of public necessity.
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