HB 1833

1
A bill to be entitled
2An act relating to an exemption from public records
3requirements; amending s. 253.034, F.S.; providing an
4exemption from public records requirements for a written
5valuation of state-owned land determined by the Board of
6Trustees of the Internal Improvement Trust Fund to be
7surplus land and related documents used to form the
8valuation or which pertain to the valuation; providing for
9limited duration of the exemption; authorizing the
10disclosure of appraisals, valuations, and valuation
11information under specified circumstances; providing for
12review and repeal; providing a statement of public
13necessity; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Paragraph (g) of subsection (6) of section
18253.034, Florida Statutes, is amended to read:
19     253.034  State-owned lands; uses.--
20     (6)  The Board of Trustees of the Internal Improvement
21Trust Fund shall determine which lands, the title to which is
22vested in the board, may be surplused. For conservation lands,
23the board shall make a determination that the lands are no
24longer needed for conservation purposes and may dispose of them
25by an affirmative vote of at least three members. In the case of
26a land exchange involving the disposition of conservation lands,
27the board must determine by an affirmative vote of at least
28three members that the exchange will result in a net positive
29conservation benefit. For all other lands, the board shall make
30a determination that the lands are no longer needed and may
31dispose of them by an affirmative vote of at least three
32members.
33     (g)  The sale price of lands determined to be surplus
34pursuant to this subsection shall be determined by the division
35and shall take into consideration an appraisal of the property,
36or, when the estimated value of the land is less than $100,000,
37a comparable sales analysis or a broker's opinion of value, and
38the price paid by the state to originally acquire the lands.
39     1.a.  A written valuation of land determined to be surplus
40pursuant to this subsection, and related documents used to form
41the valuation or which pertain to the valuation, are
42confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
43of the State Constitution until 2 weeks before the contract or
44agreement regarding the purchase, exchange, or disposal of the
45surplus land is first considered for approval by the board.
46Notwithstanding the exemption provided under this subparagraph,
47the division may disclose appraisals, valuations, or valuation
48information regarding surplus land during negotiations for the
49sale or exchange of the land, during the marketing effort or
50bidding process associated with the sale, disposal, or exchange
51of the land to facilitate closure of such effort or process,
52when the passage of time has made the conclusions of value
53invalid, or when negotiations or marketing efforts concerning
54the land are concluded.
55     b.  This subparagraph is subject to the Open Government
56Sunset Review Act of 1995 in accordance with s. 119.15, and
57shall stand repealed on October 2, 2009, unless reviewed and
58saved from repeal through reenactment by the Legislature.
59     2.  A unit of government that acquires title to lands
60hereunder for less than appraised value may not sell or transfer
61title to all or any portion of the lands to any private owner
62for a period of 10 years. Any unit of government seeking to
63transfer or sell lands pursuant to this paragraph shall first
64allow the board of trustees to reacquire such lands for the
65price at which the board sold such lands.
66     Section 2.  The Legislature finds that temporarily
67preserving the confidentiality of a written valuation of state-
68owned land determined by the Board of Trustees of the Internal
69Improvement Trust Fund to be surplus land under s. 253.034(6),
70Florida Statutes, and related documents used to form the
71valuation or which pertain to the valuation, is a public
72necessity. The Legislature finds that making such written
73valuation and documents related to the valuation confidential
74and exempt from public records requirements until 2 weeks before
75the contract or agreement regarding the purchase, exchange, or
76disposal of surplus land is first considered for approval by the
77board helps ensure the maximum return to the state from the
78disposition of surplus lands. The Legislature finds that public
79access to this information prior to the designated termination
80of the exemption would impede development of agreements that
81maximize returns to the state by providing persons interested in
82buying or trading for surplus land an unfair advantage during
83the negotiation or bidding processes to sell, exchange, or
84dispose of the land. The exemption from public records
85requirements created by this act for information regarding the
86valuation of state-owned land determined to be surplus will help
87to ensure that real estate transactions involving such land are
88conducted "at arm's length."
89     Section 3.  This act shall take effect July 1, 2004.


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