| 1 | A bill to be entitled |
| 2 | An act relating to an exemption from public records |
| 3 | requirements; amending s. 253.034, F.S.; providing an |
| 4 | exemption from public records requirements for a written |
| 5 | valuation of state-owned land determined by the Board of |
| 6 | Trustees of the Internal Improvement Trust Fund to be |
| 7 | surplus land and related documents used to form the |
| 8 | valuation or which pertain to the valuation; providing for |
| 9 | limited duration of the exemption; authorizing the |
| 10 | disclosure of appraisals, valuations, and valuation |
| 11 | information under specified circumstances; providing for |
| 12 | review and repeal; providing a statement of public |
| 13 | necessity; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Paragraph (g) of subsection (6) of section |
| 18 | 253.034, Florida Statutes, is amended to read: |
| 19 | 253.034 State-owned lands; uses.-- |
| 20 | (6) The Board of Trustees of the Internal Improvement |
| 21 | Trust Fund shall determine which lands, the title to which is |
| 22 | vested in the board, may be surplused. For conservation lands, |
| 23 | the board shall make a determination that the lands are no |
| 24 | longer needed for conservation purposes and may dispose of them |
| 25 | by an affirmative vote of at least three members. In the case of |
| 26 | a land exchange involving the disposition of conservation lands, |
| 27 | the board must determine by an affirmative vote of at least |
| 28 | three members that the exchange will result in a net positive |
| 29 | conservation benefit. For all other lands, the board shall make |
| 30 | a determination that the lands are no longer needed and may |
| 31 | dispose of them by an affirmative vote of at least three |
| 32 | members. |
| 33 | (g) The sale price of lands determined to be surplus |
| 34 | pursuant to this subsection shall be determined by the division |
| 35 | and shall take into consideration an appraisal of the property, |
| 36 | or, when the estimated value of the land is less than $100,000, |
| 37 | a comparable sales analysis or a broker's opinion of value, and |
| 38 | the price paid by the state to originally acquire the lands. |
| 39 | 1.a. A written valuation of land determined to be surplus |
| 40 | pursuant to this subsection, and related documents used to form |
| 41 | the valuation or which pertain to the valuation, are |
| 42 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
| 43 | of the State Constitution until 2 weeks before the associated |
| 44 | agreement regarding the purchase, exchange, or disposal of the |
| 45 | surplus land is first considered for approval by the board. |
| 46 | Notwithstanding the exemption provided under this subparagraph, |
| 47 | the division may disclose appraisals, valuations, or valuation |
| 48 | information regarding surplus land during negotiations for the |
| 49 | sale or exchange of the land, during the marketing effort or |
| 50 | bidding process associated with the sale or exchange of the land |
| 51 | to facilitate closure of such effort or process, when the |
| 52 | passage of time has made the conclusions of value invalid, or |
| 53 | when negotiations or marketing efforts concerning the land are |
| 54 | concluded. |
| 55 | b. This subparagraph is subject to the Open Government |
| 56 | Sunset Review Act of 1995 in accordance with s. 119.15, and |
| 57 | shall stand repealed on October 2, 2009, unless reviewed and |
| 58 | saved from repeal through reenactment by the Legislature. |
| 59 | 2. A unit of government that acquires title to lands |
| 60 | hereunder for less than appraised value may not sell or transfer |
| 61 | title to all or any portion of the lands to any private owner |
| 62 | for a period of 10 years. Any unit of government seeking to |
| 63 | transfer or sell lands pursuant to this paragraph shall first |
| 64 | allow the board of trustees to reacquire such lands for the |
| 65 | price at which the board sold such lands. |
| 66 | Section 2. The Legislature finds that temporarily |
| 67 | preserving the confidentiality of a written valuation of state- |
| 68 | owned land determined by the Board of Trustees of the Internal |
| 69 | Improvement Trust Fund to be surplus land under s. 253.034(6), |
| 70 | Florida Statutes, and related documents used to form the |
| 71 | valuation or which pertain to the valuation, is a public |
| 72 | necessity. The Legislature finds that making such written |
| 73 | valuation and documents related to the valuation confidential |
| 74 | and exempt from public records requirements until 2 weeks before |
| 75 | the associated agreement regarding the purchase, exchange, or |
| 76 | disposal of surplus land is first considered for approval by the |
| 77 | board helps ensure the maximum return to the state from the |
| 78 | disposition of surplus lands. The Legislature finds that public |
| 79 | access to this information prior to the designated termination |
| 80 | of the exemption would impede development of agreements that |
| 81 | maximize returns to the state by providing persons interested in |
| 82 | buying or trading for surplus land an unfair advantage during |
| 83 | the negotiation or bidding processes to sell, exchange, or |
| 84 | dispose of the land. The exemption from public records |
| 85 | requirements created by this act for information regarding the |
| 86 | valuation of state-owned land determined to be surplus will help |
| 87 | to ensure that real estate transactions involving such land are |
| 88 | conducted "at arm's length." |
| 89 | Section 3. This act shall take effect July 1, 2004. |